Hiya rich Here is the link for Vinegarvera thread... I do hope someone can hop over and give her some advice as I don't feel qualified to do so... http://www.consumeractiongroup.co.uk/forum/general-debt/101887-cca-egg-ok-3.html minky xxx

Terms and conditions and what should be on your agreement The Consumer credit Act requires that certain information be on the executed agreement, that is if it is not to put itself in jeopardy of being enforceable only by the order of a court or indeed wholly unenforceable. The Statutory Instrument 1983/1553 lists what should be on an agreement this is amended for post 2004 contracts by the agreement regulations 2004/1482. There are only a small number of amendments in the area of content, the main difference is in form in that the Key structure that is used to contain various clumps of information (Key Financial Information, Key Information) etc. The 1983 regulations say that all information included in Schedule 1 (This is where the prescribed terms are) should be included in a solid block together with the protections and remedies of schedule 2 unless they are mentioned elsewhere and referred to in the text. There should also be a signature box and if the agreement is cancellable or subject to section 58(secured loan) details of this next to it. This is all that is required and form the basic requirements of the agreement. The creditor may wish to include other information i.e. other than as specified above, this must be included following all of the required information and the signature box and would include terms and conditions other than as required by the Regulations. It would also include details of the parties other than a name and address or logo This” other” information plus the information on the agreement is what makes up the Terms and conditions. This combined information should be what makes up your copy documents under section 62etc. Hi! vv This was originally posted by Peter and I am sure he wouldn't mind my posting it here as I cannot find the thread he posted it in. Sorry I can't be of more help minky xxx

Monopoly found this for you 4.1 The Order will impose no additional burdens on business over and above those already required by the Consumer Credit Act and its subordinate legislation when concluding a consumer credit agreement or sending notices or other documents. 4.2 The Order simply amends consumer credit legislation to remove impediments that currently prevent consumer credit agreements from being made or notices and other documents from being sent by electronic means. At present, many aspects of consumer credit legislation are worded in a way that envisages only paper-based agreements. Lenders must comply with these rules if their agreements are to be enforceable. 4.3 The Order has been drafted in such a way that the use of electronic communications is facilitated within the existing legal framework - the requirements for a valid consumer credit contract (however it is made) are not being changed. Consequently, lenders who choose not to offer agreements by electronic communications but continue to work on paper will not be required to change their procedures in any way. Similarly, lenders who offer credit both by use of electronic communications and by more conventional means can be confident that - although the method of communication is different - the specific regulatory requirements on the form and content of credit agreements or on the requirement to send documents necessary to conform with consumer credit legislation will be the same. The only difference will be that, when a form of electronic communication is used, both parties must agree to this. 4.4 The Order will not affect the existing statutory requirement that lenders must provide borrowers with default, enforcement or termination notices on paper. Although this is an opt-out from the general facilitation of the use of electronic communications, as a pre-existing requirement its retention will impose no additional burdens on lenders. and requirement allowing copies of documents to be provided by electronic means, including the final, executed copy of the agreement provided the consumer has agreed with the lender that they will communicate using electronic means. However, the lender needs to ensure that the copy retained by him is capable of being stored in a durable medium so that it can be reproduced at any time. As is currently provided for under the Act, consumers will be able, upon payment of a prescribed fee, to request a copy of the executed agreement at any time during the course of the agreement. minky xxx

Hiya Dave Thanks for the reply! if that is the case then I feel they would have a hard time proving that it was you and only you that signed/ticked the agreement as you could say that quite a few people have or could have had access to the computer, an ip address only says the location and who pays the bill not who accessed the computer so I think they would have a very hard time proving anything in court... minky xxx

Me smells it too Hopeful.... looks like they have mislaid it oh dear! he! he! Just calling to say have a good weekend.... my OC is in default in 7 days time looking like they can't find mine either oh! dear! Long Live CAG.. minky xxx

Surely not, a tick in a box!!! is accepted as a signature!!!! anyone could forge that even my cat. That must surely leave people open to abuse by these leeches? minky xxx

Wahay!! rory Well done! they don't seem too happy, wonder why. Only ten more days to go and BOS will be in default with my CCA request.. minky xxx

Wow! tomterm8 What a brilliant defence! it is so kind of you to help rich.... minky xxx

Just bumping this to the top Wish I could help! I just hope someone comes along soon that can...... hopefuly Laiste. I know I am no help but I wish you all the very best.... minky xxx

Maggie that is great news! I don't know where you find the strength from to fight the leeches as well as your illness you amaze me....... I wish you all the very best I really do! minky xxx

Hi Maria You have done so well! getting to the hearing like maybelline has said and at least you have achieved something... So well done! and please keep your spirits up.... minky xxx

Looks like you have them bang to rights maggie especially with the comment from TS......... Sorry maggie I am getting confused ignore my earlier comment.. oh! if only I had a brain minky xxx

Subscribing and adding my good wishes for Monday also minky xxx

Maybelline Are you refering to a loan secured against a property or a mortgage.

Egg sending a nice letter now that is a first (even if it is computer generated) It must have been something you said lol........ Well done AC! keep at em minky xxx

Hi! Hopeful Just calling by to say "Have a great holiday" You deserve it! minky xxx

Hiya Dave Is the Rate Of Interest the same as the APR ? Thanks! minky xxx

Just added my signature... I never watch the BBC and it grates that we should have to pay for something we don't receive. My view is, if they won't abolish the licence then we should be given the alternative of whether to watch and pay for the BBC or not receive it and not pay, just like they do with some of the sky channels. It's old and outdated should be abolished altoghter imho... minky xxx

Good Luck! Rich

Just joining in.. hope everything goes okay, can't wait to hear the outcome. Laiste! You are so kind helping people with their defences.. minky xx

Congratlations! bluetack...... Well Done!........ and a round of applause for rory!....what a star you are always willing to help others.. minky xxx

Hiya Gondukin Good Points! Thanks! I was so annoyed, put my typing fingers into action before my brain.. lol Cheers! minky xxx

Hi! Ida thanks for the reply, as far as British Gas are aware it is my account they have my address my dd is set up using my address, so they shouldn't be sending my bank details to someone else surely. I have a debit card on that account and he could go onto the internet/telephone and use it couldn't he? Another senario what if it was our house and we had a tenant living in and they sent the bank details to the tenant!! British Gas knew I was paying for it as I spoke to them directly after they spoke to B-I-L they were told why the DD had been cancelled & that I don't live at that address, so again why send a direct debit mandate my brother in law showing my bank details to reinstate it? my bank details are at a completely different address 50 miles away. Please! can anyone give me any advice as to what action I should take. many thanks minky xxx

Hi! Just wondering what Act I can throw at them? My brother-in-law has just been sent a letter from British Gas asking him to renew Direct Debit for Gas Boiler Protection giving all my bank details, bank sort code and account number. I have been paying the boiler cover for him but he is moving and needed it cancelled Brit Gas rang him when I stopped the DD and he explained & said they should ring me because it's my bank account which they did, I aslo explained to them why it had been cancelled and she said it was fine and I would here nothing more from them.... Until they sent my Bro-in-law my bank details that is.. I just couldn't beleive they have done that, this is very disturbing what info are they giving out without checking properly. Anybody got any advice as to what I can do about it?? Thanks in advance minky

Hiya I have a quandry for you! My husband & I took out a loan in 1999, my husband declared bankruptcy in 2001 the loan was included in the bankruptcy which we later found out was wrong because it was in joint names. DCA came after me and I agreed to pay the OC £80 pm which I did up until March this year when I stopped the direct debit. I now have another DCA chasing me (I am currently awaiting my CCA agreement, req sent 4th June) I have been informed in another thread ,that the loan being in joint names would not have been included in hubby's bankruptcy. My husband came out of Banruptcy in 2004. Is it right that they should only be chasing me? it wasn't included in the bankruptcy and the debt is in both names and he is the first named as well. any thoughts? regards minky xxx