HAK v Liverpool Victoria/equidebt

[Having_A_Knightmare]

Hi All

 

Equidebt got the CCA request on the 11th July.

 

There 12 days were up yesterday and this came in the post.

 

You think they would learn:p

[diskmandave]

Is this a fixed term loan or running account credit ?

[Having_A_Knightmare]

Hi Dave

 

Its a Credit Card.

 

Its funny because I had a CC and a loan. They have sold the CC to equidebt but LV have kept the loan.

 

This makes me think there is no CCA for the CC

 

RO

[diskmandave]

As it's a credit card, Section 78 applies and as they've had there 12 working days you can stop paying them! Here's my pesronal fave part of the CC Act!

 

78(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

[Having_A_Knightmare]

Hi all

 

Well the time has come, they signed for my CCA on the 11th July so if I am correct there 12+30days are up.

 

I have not heard a thing from these only the letter above that I ignored.

 

I am going to stop paying as from now so what should I do next?

 

Should I send them a non-compliance letter or sit tight.

This is my first 12+2+30 day so I am a little un wise at the next step.

 

Any comments would be great

 

RO

[Having_A_Knightmare]

Can someone check the dates I now get it as the 27th August. If so all my other ones will be brought forward:confused:

[diskmandave]

Default 30th July, Offence 30th August.

 

Sending the full non-compliance letter would be my next step!

 

Good luck, Dave.

[Having_A_Knightmare]

Hi Dave

 

Thanks for the advice.

 

cant seam to find a good CCA non-Complince letter, have you got one I could borrow...

 

Cheers

 

 

RO

[diskmandave]

This letter is a complaint as set out in Barclaycard Complaint Resolution Procedure.

 

Dear Sirs,

 

I refer to the above mentioned 2 accounts, and with reference to my letter dated

29th June 2007 sent by recorded delivery and received by you on 1st July 2007.

 

I wrote to you on the 29th June 2007 by recorded delivery requesting an original

signed copy of the original credit agreements and as such I enclosed a cheque

made payable to yourselves for the sum of 2x£1. This represented the legal requirement

of payment for the request. I have evidence and can prove you have cashed the cheque

in which I sent. You have failed to provide me with my written request which I have a

legal right to ask for. In essence you have taken payment but failed to supply me with

my request. This constitutes an offence in Section 78(6)(b) Of the Consumer Credit Act,

and as such you are in default and the agreements are now totally legally unenforceable.

 

As such, I would point out your obligation under the Consumer Credit Act is as follows;

s78(6) If the creditor under an agreement fails to comply with subsection (1)--

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for

Giving Information) Regulations 1983 are clear. You must supply an executed credit

agreement within 12 working days of a proper CCA request. If you fail to comply

with a legitimate request the account enters a default situation and if you fail to

comply after a further 30 days you commit an offence. You entered into a default

on 20th July 2007 and subsequently committed an offence on 21st August 2007.

 

Please be advised that payment has been ceased and the accounts are formally disputed.

Any further actions from you, will be both vigorously defended and contested.

 

I look forward to your co-operation and due diligence in this matter.

 

Yours faithfully,

A bit of editing required, but should do the trick...

[Having_A_Knightmare]

Letter to go below...

Should i send it Recoreded???

Ro

I refer to the above mentioned account and my letter dated 7th July 2007 sent by recorded delivery and received by yourselves on 11th July 2007.

 

This previous letter was requesting an original signed copy of the credit agreement and as such I enclosed a cheque made payable to yourselves for the sum of £1. This represented the legal requirement of payment for the request. This cheque was cashed on 16th July 2007 but you have failed to provide me with my written request which I have a legal right to ask for. In essence you have taken payment but failed to supply me with my request.

This constitutes an offence in Section 78(6)(b) Of the Consumer Credit Act,

and as such you are in default and the agreement is now totally legally unenforceable.

 

As such, I would point out your obligation under the Consumer Credit Act is as follows:

S78(6) If the creditor under an agreement fails to comply with subsection (1)--

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request.

If you fail to comply with a legitimate request, the account enters a default situation and if you fail to comply after a further 30 days, you commit an offence. You entered into a default on 30th July 2007 and subsequently committed an offence on 30th August 2007.

 

Please be advised that payment has since been ceased and the account is formally disputed. Any further actions from yourselves will be both vigorously defended and contested.

 

I look forward to your co-operation and due diligence in this matter.

 

Yours faithfully

[Having_A_Knightmare]

Cant believe my bad luck today.

 

They have produced a CCA from 1999. But no T&C.

 

The credit limit says to be agreed.

The interest rate is there.

And the repayments are 19 days after statement.

 

Am I missing anything.

 

Cheers

 

HAK

[diskmandave]

Scan it up and let the experts decide!

[Having_A_Knightmare]

Hi Dave

 

This is the agreement below.

 

It was all reading well until the bottom left of the agreement

 

This was the only thing they sent No T&C and Statement of Accounts.

 

Am i right in saying that under section 78 (1) it says, shall give the debtor a copy of the agreement and of any document referred to in it. (IE the T&C).

 

Any thought on what next would be good

 

HAK

 

[Having_A_Knightmare]

Just bumping this up if any one can help..

 

HAK

[patrickq1]

hi knight,this is a credit aplication form,also no t & c are contained within this page cept for your agreement to to waiver your rights to the passing of data,and all i can see is an aplication wether you would like a credit card and remains unsigned which is supposed to be contained in the box opposite,sorry mised a bit it says signed on behalf of frizell bank ? did nt know frizel had a bank but who has signed on their behalf ? i would ask for a true copy of the origional agreement first,if this is all you have been sent..i dont think they have complied with your cca...but hopefully peter comes to the thread and helps out

good luck

patrckq1

[Having_A_Knightmare]

Hi Patrickq1

 

Thanks for the responce like you say there are no T&C so hopefully Peter will shed some light on this.

 

HAK

[patrickq1]

do frizels have a bank i always thought they were insurance

[Having_A_Knightmare]

Hi

 

I thought the same, they are part of Liverpool Victoria.

Not sure if they still lend money now this was 1999

 

HAK

[Zimmie]

Equidebt 'our ethical friends' did similar to me. Sent a few dodgy looking statements, then nothing. So I sent CCA non compliance letter...they came up with an application form about 10 weeks after date of criminal offence. Now asking for payment as they consider they have complied with my CCA request! They surely are thick (typo)..I mean ethical!

Good luck H A K

[Having_A_Knightmare]

Hi

 

After great advice from Peter B this has gone today

 

Re: Consumer Credit Agreement 1974 Request

 

Thank you for your letter dated xx September 2007.

I must inform you that you have yet to present all the information required.

The sections pacifically states that all documents mentioned must be presented. The original terms and conditions which form an integrated part of the agreement are missing.

I must remind you that until this information is made available the agreement is still in default and any action taken by you to enforce it will be in breach of section 77 and will be reported to the appropriate authorities.

[diskmandave]

will be in breach of section 77

 

Running account credit is Section 78.

 

Best, Dave.

[Having_A_Knightmare]

Oh no... Its in the post box now.

 

Never mind they probably want know the diffrence:D

 

HAK