monopoly23 v the world!!!

[monopoly23]

Ok. In trying to combat about 6k of debt, yesterday I sent off 6 CCA requests.

2 to Lloyds for personal loans

1 to Lloyds for a Gold Card

1 to MBNA for credit card

1 to the detestable Vanquis for a credit card

1 to Next Directory.

 

The ones to MBNA and Lloyds credit cards were received this morning, the rest are still on their way.

The countdown is on!

 

Will update when I get any information (relevant or useless! probably the latter)

 

Can't wait to see what they all come up with...

[monopoly23]

OK 3 of these have been delivered. Royal Mail make me laugh-2 at the other end of the country were delivered next day, but Vanquis, who's office is in my home town, took two days to be delivered. What's that all about?

 

If anyone has received any info from a CCA request from any of the companies I've listed, I'd be grateful to know what to expect from them. ie.if they send applications, not all the prescribed terms are there or if they actually bother sending anything at all!

[rory32]

Quick summary:

Lloyds CCA usually can't supply one and if they can it's usually not worth the paper it's written on.

MBNA as above.

Vanquis I have never known to be able to supply a CCA.

Next - same as Vanquis.

[monopoly23]

Well I like the sound of that! lol Thanks!

[monopoly23]

Ok so I got my 'agreement from MBNA this morning. They sent back the PO.

What they have sent me is 5 sheets of paper that look like the T&C's from the internet. As I applied over the internet. it just has two ticks in boxes, mine and Hugh Chater on behalf of MBNA.

I know its been printed off the net because it refers to 'links at the top of this page'.

 

What I'd like to know is, apart from the fact that my name is on the first page, what actually proves that I made this agreement? They could have typed anyone's name in couldn't they?

How am I supposed to know if it's enforcable?

[rory32]

This isn't a CCA monopoly. I'm going out soon so will have to post why it isn't a CCA later.

[monopoly23]

Here it is anyway

MBNA CCA response.doc

[diskmandave]

I think you'll find that's a pretty good copy of an electronic agreement.

[monopoly23]

What I don't get is the fact that anyone could knock one of these up. All I have to do is put their name and address on so whats there to say that it was actually me that has signed it? Plus, I only ticked to apply online, not agree.

[monopoly23]

OK so 3 out of 6 of my letters have been delivered. No one seems to know if my MBNA 'agreement' is enforcable and I've had a response from Vanquis today.

Basic rubbish really,"I will contact you with a full response within the next 28 days". Yeah mate, you take as long as you like, but when the 12 days are up, on the 14th, I aint paying jack s**t!

[rory32]

Why are there 3 months difference in the date of signature on the MBNA agreement?

[monopoly23]

Sorry, thats just my typo. I tried to change it and re-post it but I don't know how to un-attach it!

[monopoly23]

Right. Yesterday we got responses from the two lloyds loans cca requests. It clearly shows that they dont have a clue what they're doing.

Firstly, ALL the CCA requests we sent were unsigned.

 

The reply to one of them was,

'Unfortunately we have been unable to action your request as we need a signed declaration.'

 

The other reply included,

'your documents will be dispatched to you within the next two weeks.'

They were in the same envelope as the response!

 

So, the info we did receive, I think, is unenforceable. It doesn't contain any signatures, dates or information about the lender of the PPI that was taken out.

The loan was for £1500 over 51 months at 17.7% APR. The total amount repayable including the PPI and interest on both is £2549.49.

 

It says that the APR is 17.7% but then underneath is says Annual Interest Rate 16.45%? What's the difference between the two?

 

Also, term 1.3 says 'If you choose to purchace the PPI, we will pay any PPI loan directly to the insurer to cover the price of the premium'. It says nothing about who the insurer is. The total price with interest of the PPI is £454.41-on a £1500 loan!

 

To settle the PPI loan early would cost-

After 1/4 of term - £132.22 with £136.89 rebate

After 1/2 of term - £163.29 with £28.84 rebate

After 3/4 of term - £100.24 with £0.00 rebate

Why does it cost more to settle after half of the term of the loan when you must have paid more off it than a quarter way through?

And why would you get no rebate after 3/4 of the term? Are you not covered for the last 1/4?

 

None of it makes any sense to me so if anyone can help with any of the questions in red or comments in blue I'd be very grateful.

Also, can anyone tell me whether its enforceable or not? I can provide more details if necessary.

 

Thanks everyone.

[monopoly23]

I went on the checker site and this is what it came up with:

 

All the ones that have zeros there are because it says if the exact wording isn't used, then leave it blank.

 

Does this seem unenforceable because the payments are 1p more than they should be as the interest we're paying is 17.8% not 17.7% as stated?

Agreement assesment.doc

[Hopeful1]

Hi ya Monopoly, i've looked at your MBNA agreement. I feel the same as you, how can anyone prove you actioned it? Normally agreements need to have signatures next to all the t & cs so wouldn't this still be relevant to an internet agreement. I can't remember now, but did it have cancellation rights included?

 

I've sent CCA and S.A.R request off for hubby for MBNA card. The 12 days expires tomorrow. Also, I think he did receive a letter about the rise in interest rate to 24 whateveritwas , since i've sent CCA request. I'm pretty sure i threw it away though, i didn't think of the relevance at the time. I just thought it was the typical type of extortion you'd expect!

 

Also, can i ask, you said you used a 'checker' site. What is it? Do you mean for checking validity of documents?

 

Hope you get the clarification you need

[monopoly23]

The checker site checks any loan agreements and tells you if all the correct info is there for it to be enforceable from what you enter.

https://www.financialagreementsolutions.co.uk/usr/basicchecker.aspx

 

The link in my previous post is the results from the loan I checked, not the MBNA card.

I did get cancellation notice with my supposed agreement from MBNA, but I checked on their website, and what I got is just a printout of what's on there.

All they had to do was put my name at the top, and two ticked boxes at the bottom. Its ridiculous if it's enforceable as like you say, how can it definitely be mine without a signature? You could knock one up in 5 minutes for anyone.

 

Does anyone have any info on post 14 re the percentage rate?

[monopoly23]

Ok I sent all these CCA requests on 30th May, so what's the date I have to get responses by?

Ive had an acknowledgement from Vanquis, a rubbish printout from MBNA and two copies of the same agreement from Lloyds. Nothing from the gold card, one of the loans or Next (who have actually filed a claim against me!)

Is it 12 days (so the limit will have already passed) or 12 working days (which would give them until the 15th)? Can someone verify thee dates for me please?

[rory32]

It's 12 working days after receipt of your request. Reasonably you could expect this to be the 19th.

[monopoly23]

But that's 14 working days isn't it? 'Reasonably' as in 'don't expect them to be within the time limit?'

[rory32]

But that's 14 working days isn't it?

Correct the 19th would be 14 working days after you sent it. Remember the 12 working days starts when THEY RECEIVE YOUR REQUEST.

[monopoly23]

Well now, Vanquis, Lloyds Gold card and one of the Lloyds loans are in default of the CCA request.

 

Vanquis have even had the cheek to send a bill out with a load of interest, after they received my request! I don't see them getting a payment this month somehow... lol

[monopoly23]

We got a response to our CCA from Vanquis this morning. These people really make me laugh...

 

'I refer to your recent request for charges regarding the above account' -what? you mean my cca request? idiots!

As a gesture of goodwill, we are willing to refund £56 being the difference between any default charges applied to your account before September 06 and the new charge of £12. -Ha I don't think so. IF I decide to claim back the charges, I will claim them all, but as you've defaulted on my request anyway, I think the debt will be wiped and I wont have to!

How stupid do these people get? Are they just assuming that any letter they get is about reclaiming charges? The only part of my letter they seem to have read is the account number and I don't have a clue what they reckon they're referring to.

 

Is there a suitably smug template reply to this anywhere? They've defaulted and are still charging interest, but they've not yet committed an offence.

[Jeff2000]

We got a response to our CCA from Vanquis this morning. These people really make me laugh...

 

'I refer to your recent request for charges regarding the above account' -what? you mean my cca request? idiots!

 

As a gesture of goodwill, we are willing to refund £56 being the difference between any default charges applied to your account before September 06 and the new charge of £12. -Ha I don't think so. IF I decide to claim back the charges, I will claim them all, but as you've defaulted on my request anyway, I think the debt will be wiped and I wont have to!

 

How stupid do these people get? Are they just assuming that any letter they get is about reclaiming charges? The only part of my letter they seem to have read is the account number and I don't have a clue what they reckon they're referring to.

 

Is there a suitably smug template reply to this anywhere? They've defaulted and are still charging interest, but they've not yet committed an offence.

 

 

Hello monopoly,

 

 

I would let them all go beyond the 12 days plus 1 month stage. Then you can report them to the OFT and Trading Standards.

 

You could also, if you wish, write them all a letter pointing out their shortcomings regarding your CCA requests. You could give them a further 7 days or so to remedy the situation. (This would show that you have been more than reasonable, should the matter be brought up in Court).

 

If you still have no joy after this time limit, you can report them to the FOS and Information Commissioner!

 

Hope this helps a bit!

 

 

Best wishes, Jeff.

[Hopeful1]

They'd be dangerous if they had a brain wouldn't they

 

When the time comes, there are non-compliance letters in the library and on other threads. I've picked this one up someone along the lines, you may need to adapt it:

 

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

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.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice

[monopoly23]

Hi hopeful1. Yes if they had a brain I'd probably be scared! lol.

 

Thanks for the template. I'll probably include a copy of my CCA request in font size 24 too with the title blown up even bigger! I just can't beleive the stupidity of these places sometimes!