Hi all. I have had 2 successful claims with Santander and MBNA now. What I'm interested in is how far can I go back and I have had many, many forms of credit over the years. Can I apply to a credit reference agency to see what credit I have had and then go down the SAR route with each one?

OK, even if it takes the account back into overdraft?

Hi fellow CAGGERS. My wife has a credit card with Lloyds TSB and a current account. We are challenging them on the CCA1974 Section 77/78 rule. The card has approx £8k on it and the account was overdrawn by £150 approx. What we did was pay the overdraft off and leave the account/s dormant until resolved. However, Lloyds TSB have taken the funds from the current account to take it back up to £150 overdrawn, is this legally right? Can they do this?

Hi CAGGERS! Just a quick one, i have recieved an agreement back from Barclaycard loans that has my signature on it, but not one from them. Is this agreement enforeceable?

bump - please help

Just made some tweaks, any advice gratefully recieved: Dispute of BMW Hire Purchase Agreement Account No. ****** Dear *********** Thank you for your letter dated 17th January 2009 with reference ********** the contents of which are duly noted. Please note that, I have since been informed that where goods are bought under a Hire Purchase agreement, the contract is governed by the Supply of Goods (Implied Terms) Act 1973. My rights are against the credit provider rather than the trader who supplied the goods. Please explain why I should be addressing my concerns to Hexagon BMW? I feel that I have been misled as at no point during the negotiation of this agreement was I made aware that it was not regulated by the consumer credit act, nor informed that Hexagon BMW were not acting as an agent of BMW Financial Services. I am also concerned that I was informed at the time that some of the deposit (£1000) we made had to be returned as the agreement had to amount to £25,001. This is also where I believe I have been deceived as no protection is available for agreements made over £25,000. To this end and it is my belief, the agreement is not valid. I refer you to the unfair contract terms act 1977 and the Misrepresentation Act 1967 To supplement this, I also understand that BMW Financial Services Limited holds a Consumer Credit Licence number 025593 issued by the Office of Fair Trading. If this agreement is not covered by the consumer credit act, why do you not have a sale of goods licence? Again, another reason why I believe this agreement is NOT valid. I will also be addressing my concerns to the Office of Fair Trading, Trading Standards, The Finance and Leasing Association and the British Vehicle Finance and Leasing Association informing them of the situation should I not receive a satisfactory response within the next 12 working days. I would appreciate if you could hold any action on the above account for a period of at least 28 days which should be sufficient time for an amicable solution. Also, during this period, could you please freeze interest and/or any other charges accruing on the above account until the dispute is resolved. Yours faithfully

Hi all I have an unregulated HP agreement with BMW finance and its not covered by the CCA1974, it is covered by the sales of goods act (implied terms) 1973. BMW Finance have stated that the dealer did not act as an agent for the negotiations of the agreement, so do i have a case? I feel i have been ripped off! Here's my response: Dispute of BMW Hire Purchase Agreement Account No.********** Dear ********* Thank you for your letter dated 17th January 2009 with reference ********, the contents of which are duly noted. Please note that, I have since been informed that where goods are bought under a Hire Purchase agreement, the contract is governed by the Supply of Goods (Implied Terms) Act 1973. My rights are against the credit provider rather than the trader who supplied the goods. Please explain why I should be addressing my concerns to Hexagon BMW? I will also be addressing my concerns to the Office of Fair Trading and Trading Standards informing them of the situation. I feel that I have been misled as at no point during the negotiation of this agreement was I made aware that it was not regulated by the consumer credit act, nor informed that Hexagon BMW were not acting as an agent of BMW Financial Services. To this end, the agreement is not valid? I refer you to the unfair contract terms act 1977 and the Misrepresentation Act 1967 I would appreciate if you could hold any action on the above account for a period of at least 28 days which should be sufficient time for an amicable solution. Also, during this period, could you please freeze interest and/or any other charges accruing on the above account until the dispute is resolved. I look forward to hearing from you as soon as possible. Regards So, what do you think?

Hi all Just recieved this in todays post from BMW, I sent a request under section 79 of CCA 1974, and BMW Financial Services have told me to deal with the dealership. It seems i have no rights under CCA 1974, ANY ADVICE ON MY NEXT MOVE? 2ndResponsepage1.gif picture by rmanders1a - Photobucket 2ndResponsepage2.gif picture by rmanders1a - Photobucket

Thanks I guess you mean TS= Trading Standards, OFT= Office of Fair Trading and FOS = inancial Ombudsman?

Hi all and may i say, this is the most useful websie i have ever found! I will be donating if i win any of my 8 creditors. My question is this, if i have CCA'd all my creditors and some of them have not responded within the timescales, even at the 2nd letter stage (informing them that they are now in default), who do i complain to? and where do i write to?

Hi and thanks, i had a good look through it and it only covers 'regulated' agreements, my agreement with BMW is 'unregulated'. Couple of questions if i may? 1) What is an unregulated Hire Purchas agreement? 2) Is it covered by CCA 1974? 3) Is it enforceable? Many thanks

Hi, Have a look at this agreement, it has no reference to the CCA 1974, is it enforceable? HPAgreementPage1.gif - Image - Photobucket - Video and Image Hosting HPAgreementPage2.gif - Image - Photobucket - Video and Image Hosting HPAgreementPage3.gif - Image - Photobucket - Video and Image Hosting HPAgreementPage4.gif - Image - Photobucket - Video and Image Hosting HPAgreementPage5.gif - Image - Photobucket - Video and Image Hosting HPAgreementPage6-1.gif - Image - Photobucket - Video and Image Hosting

do not sign, instead scan it in or handwrite with the opposite hand!

BUMP - Please, please help, any experts out there?

BUMP Please help!

Here, try these! HPAgreementPage1.gif - Image - Photobucket - Video and Image Hosting HPAgreementPage2.gif - Image - Photobucket - Video and Image Hosting HPAgreementPage3.gif - Image - Photobucket - Video and Image Hosting HPAgreementPage4.gif - Image - Photobucket - Video and Image Hosting HPAgreementPage5.gif - Image - Photobucket - Video and Image Hosting HPAgreementPage6-1.gif - Image - Photobucket - Video and Image Hosting

will post bigger images shortly

Hi I would like to have an explaination of what the description of this agreement means and is it enforeceable? http://s546.photobucket.com/albums/hh433/rmanders1a/th_HPAgreementPage1.gif http://s546.photobucket.com/albums/hh433/rmanders1a/th_HPAgreementPage2.gif http://s546.photobucket.com/albums/hh433/rmanders1a/th_HPAgreementPage3.gif HPAgreementPage4.gif - Image - Photobucket - Video and Image Hosting HPAgreementPage5.gif - Image - Photobucket - Video and Image Hosting http://s546.photobucket.com/albums/hh433/rmanders1a/th_HPAgreementPage6.gif

Ok, thanks for the tips. So, in a nutshell, do i contest? If so, is there a template for me to use to do so?

Ok, good thread. Does anone have a letter template to send to the creditor pointing out this very important point?

Thanks, its not the new one i am questioning. Its all my old ones. Does anyone have any guidelines on what a gredit agreement should look like so i can challenge them?

Hi, me again! I have heard that credit agreements have to be laid out in a certain way. Recently i was sent a credit agreement from Capital One for a credit card (which i didnt want) and its all laid out on one page with the T's & C's on both sides. All my current agreements (taken out before April 2007) have the T'c & C's on seperate pages. Any advice on this? m3man

bump, please help

Please go ahead!

hi, its the same as mine and appears enforceable