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Fishwife78

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  1. I've tried to scan the other document they sent along with the above cca but for some reason it keeps cutting the top with the relevant info off it. Anyway, it was just a pile of printed sheets titled 'Credit Card Agreement Regulated by the Consumer Credit Act 1074' Then it listed the parties as being me (at my current address not the address I lived at when I signed the agreement) and 'Bank of Scotland plc' (instead of Halifax as shown in the cca above) Despite the fact this is likely to be the current terms and conditions, does that even matter in light of the document in the picture above that they have sent me? Is the rule about the Terms and Conditions only applicable when the signature is on a separate sheet to the prescribed information? I just don't get it
  2. Hi there, I posted on another thread but have not had any replies and I'm getting really worried and don't know what to do I CCA'd Lowells in Nov who were chasing me for an Aqua Card debt after I had tried and failed to come to an amicable agreement with Aqua themselves. However it's all a bit confusing, Lowell's claim to be chasing on behalf of their client SAV Credit LTD? The CCA makes no mention of this 'SAV Credit LTD' but refers to Halifax being who the arrangement is with. Then on the general terms and conditions they sent (which incidentally had my new address on, not my original address) it refers to the agreement being between me and RBOS?!! Anyway, the actual CCA looks ok to me, except their signature is missing (it is stamped as being received- is this classed as a signature?) Just wondered if someone could clarify a few things for me: 1) Although it mentions a credit limit, there is none set on the agreement- is this acceptable? 2)Do the terms and conditions they sent accompanying the cca bearing my signature have to be the same as when I opened the account? As they are dated 2008 and have my current address on? Or does this not matter if all of the prescribed terms are in place on the document I signed? I'm sorry to be a pain but I find this all so confusing and don't know what to do next
  3. Bump:) Can anyone help me at all? Although I have signed the agreement, they have not signed or dated their box, although there is a stamp at the bottom of the page saying 'Received- 14 Mar 2007' Does this count as a signiture on their behalf? Also underneath the signature box it states that the above is important information that they are required to give by statute but also that the 'General Credit Card Conditions' form part of this agreement. The ream of paper they sent with the cca appear to be the general terms and conditions but they are not the originals because a) They contain my current address (I lived at a different address when I opened the account, which is listed on the signature page) b) they are date 2008 at the end. Can anyone tell me if this agreement is enforceable? Please Help!! Many thanks in advance!
  4. Hi everyone, I opened an account with Aqua in March 2007 over the internet. We went through some financial difficulties about a year ago and I couldn't afford the repayments. I contacted Aqua and explained, sent them my income and outgoings and requested to lower my £45 per month payments to £20 per month. They replied saying the lowest they could accept was £49 per month!! At the same time they requested payslips too, at which point I adopted a "well, screw you!!!" attitude and threw it all in the back of the drawer and never made anymore contact with them. Anyway it was eventually passed to Lowells, who started getting shirty, so in Nov 2009 I sent a CCA request. Last week I received a signed copy of the credit aggreement so I just wondered if somebody in the know would mind looking it over for me? Along with the documents I have scanned, they also sent me a 'Credit Card Agreement'. I know this cannot be the same as what I was given when I opened the account as at the top it says the agreement is between Bank of scotland plc ( Aqua is Halifax as far as I know???) and Me, at my current address ( I have moved since opening the account!!) and the date at the end of the agreement says 1/10/08. Its all a bit confusing as the letter from Lowell states the debt is to SAV Credit Ltd ( possibly a previous DCA). The part with my sig says Halifax (no mention of Aqua) and the credit card agreement says RBOS!!! I have scanned the docs, but not very successfully So I tried putting it in Word and have copied and pasted them (hence it all looks a bit strange!) until I can figure it out!! Lowell FINANCIAl Opening Hours Mon - Fri Email Telephone Fax 8.00am - 5.15pm [email protected] 08453009416 08453009411 PO BOX 172 Leeds LS119WS 22 December, 2009 Dear! OurRef:93870317 Original Creditor: SAV Credit Limited Balance Outstanding: £1433.55 We enclose copy of your original credit agreement with SAV Credit Limited in response to your written request to us under Section 78 (1) of the Consumer Credit Act 1974. Please also find enclosed copy statements for your perusal and retention. We would also confirm the following information as required by the above Act- Balance payable against your account Current state of your account £ 1433.55 Defaulted We look forward to your proposals for repayment within the next twenty one days. Payment can be taken over the telephone by debit or credit card Please call 08448444717 Yours sincerely Samantha Barnard Customer Services Calls may be recorded for training and monitoring purposes. Part 2: Your Personal Details aqua Return Address: New Business, PO Box 17315, Edinburgh, EH12 1AX Please check these details carefully. This is a summary of the information you supplied us and forms the basis of your credit card agreement. Then see the checklist below to find out what to do next. Personal Information Your chosen card is AQUA CLASSIC CARD Issued in the name of Your Date of Birth You have lived at the above address for 8 years 6 months Your home phone number is Your work phone number is Not Given Your grass annual income is You have requested No Repayments Cover You have requested No Card Care Your personal reference number is NCFTWM4RL3 Declaration: Data Protection and Consumer Credit Act Consent and Confirmation It is important to read the small print on your application form and credit agreement and refer to our information leaflet on how we use your data; recently sent to you. I request that Halifax pic issue a card, pin and cheque book to me and to any person named as an authorised user. By signing trie agreement overleaf I confirm that I have received a copy of and agree to be bound by the Credit Card Conditions. I further confirm that I nave read and agree to the use of my personal information in the ways described in the information leaflet, and understand how I can choose not to receive additional information on products and services. You are authorised to share information about me and my account, Including any changes to my personal information such as previous or subsequent names, with other lenders through credit reference/fraud prevention agencies in order to make credit decisions, trace debtors and prevent fraud. All the information provided by me is true and complete and I am at least 18 years of age. What to do next... H Check the details above are correct and read the declaration H Turn back to the agreement form on page 3 H Sign and date the Credit Agreement section in the right hand column on page 3 H If you have taken out any insurance cover, tick the box(es) and sign on page 3 H Return this agreement form to us in the enclosed FREEPOST envelope TODAY! H Start enjoying the benefits of your new credit card! 0086743 06/06 for Bank Use Only. Please do not mark below this line. Page tots SAVNOI1405/05AQ7215 Part 3: CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 1. PARTIES Th« parties to this Agreement are Halifax pic. Trinity Road, Halifax, West Yorkshire. HXI 2RG and I KEY FINANCIAL INFORMATION 2.1We will decide your credit limit and tell you what it is. We may change it al any time and will let you know about any change. 2.2We win send you a monthly statement, unless there have been no payments into or out ol the account during thai period and the balance is nil. Each month, you must repay at teas! 3.0% of the amount you owe us, or £5.00. whichever is more. B the amount you owe is less than C5.00.you must pay the lull amount. Your statement will chow the minimum you must pay and the payment date. 2.3The APR for the Agreement is a9.9V.APR (variable). 3. OTHER FINANCIAL INFORMATION 3.1ThetotalchargelorcreditisC223.?8,consis £1.500 being borrowed al the start of the agreement over one year at the standard interest rale lor purchases set out in condition 3.2 below and repaid in equal monthly instalments beginning one month after the start of the agreement. 3.2Our interest rates are as follows. On balance transfers, related interest and charges On cheques, related interest and charges On cash advances, related interest ajx3 charges On purchases and alother amounts Special promotion rate per annum (fixed) n/a n/a n/a n/a Special promotion period n/a n/a n/a n/a Standard rate (variable) serannum • .compounded) 29.95%pa 29.S5r.ua 26. 99% pa 29.95% pa We may apply the standard interest rate during any special promotion period to any transaction if in any month you do not make at least your minimum payment by the payment dale or if you exceed your credit limit at any time. 3.3 We calculate interest on your average daily balance and charge it to your account on each statement dale. The interest rates shown above are calculated by compounding the interest we charge each month over one year. The simple interest rales (not including interest being charged on interest) are:- Balance Transfers 2S.*8r.oer annum Cheques 26.48y.per annum Cashadvances 24.13%per annum Purchases 26. W. per annum 3.4We will not charge interest on purchases shown on your current statement for up to 51 days from the data of the purchase, if you pay the total balance shown on that statement by the payment date (and have also paid the total balance on the previous statement by the payment date}. Where we do charge interest on purchases, we charge it from the date of the transaction. We win always charge you interest on cash advances from the date of the transaction and for cheques, balance transfers and all other amounts from the date we first charge the amount to yout account. 3.5H you do not pay the total balance shown on your statement, at the date of the next statement we will add the interest we have charged on the unpaid amount to the balance we charge interest on. We will continue to charge interest, at our usual rates, on any unpaid balance after this agreement has ended and both before and after we have got a court judgment. If we allow you to miss or reduce one or more monthly payments, we will continue to charge interest on the full amount you owe on your statement (including on the interest for that month). 3.6We use all payments you make to pay off your balance in the following order:* t) Transactions that appear on your statement, starting with those on which we do not charge interest, then those on which we charge interest at the lowest rate and so on up to the highest rate of interest 2) Transactions not yet shown on your statement in the same order as above. In this condition, "transaction* includes the amount of the purchase, cash advance, cheque or balance transfer plus any interest, lees or insurance payment charged as a result of that transaction. For example, a cash advance fee is included as part of a cash transaction. If a payment is not enough to pay all transactions charged al a particular rate of interest, we will use the payment firstly to pay oft the interest, then any fees, insurance and finally the amount ot the purchase, cash advance, cheque or balance transfer within that interest rate band. 3.7 When we work out the APR, we do not take into account any changes to the interest rate, charges or fees. We rnay change these and also introduce new charges and fees which may affect the APR at any time by giving you notice under condition 12.2. 4. KEY INFORMATION 4.1 We win charge: •£12.00 each lime you do not make a minimum payment by the payment date. •£12.00 if your account balance is over your credit limit on a statement dale. •£12.00 each time a direct debit, chequeor other Hem is not paid, including acheque which you write. 4.2 We win charge handling lees for cash advances (except gambling transactions), balance transfers and cheques; a minimum interest charge; and when you make transactions in foreign currency. We will also charge you if you ask foe copy statements. The details of these charges are shown in condition 5. MISSING PAYMENTS Missing payments could have severe consequences and make obtaining credit more difficult IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS The Consumer Credit Act 1974 lays down certain requirements lor your protection which should have been complied with when this agreement was made. It they were not, we cannot enforce this agreement without getting a court order. The Act also gives you a number of rights: 1)You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement. 2)If you received unsatisfactory goods or services paid for under this agreement, apart from any bought with a cash loan, you may have aright to sue the supplier, us or both. 3)If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us. If you would Ifce to know more about your rights under the Act. contact either your local Trading Standards Department or your nearest Citizens'Advice Bureau. THEFT. LOSS OR MISUSE OF CREDIT CARD If your credit card is lost, stolen or misused by someone without your permission, you may have to pay up to ED of any toss to us. H it is misused with your permission you will probably be liable for ALL losses. You will not be liable to us for losses which take place after you have told us about the theft, etc as long as you confirm this in writing within seven days. YOUR RIGHT TO CANCEL Once you have signed this agreement, you wiO have a short time in which you can cancel it. Halifax pie w3l send you exact details of how and when you can do this. This is aCredit Agreement regulated by theponsumer Credit Act 1974. Sign it only if you want to be legally bound by its terms.^ Date of Sq natureJ _Date o* Signature,. Signed on behaH of Halifax pJc____________________ Conditions 1-4 above contain important information that we are required to grve by statute. The genera' credit card conditions also form part of this Agreement. By signing above you agree;- a)that the details provided by you in your application are correct; b)that your data may b« used as set out in the Data Protection Declaration on th« application form; and c)to be bound by the General Credit Card Conditions. RECEIVED 14 MAR 2007 ( I have signed and dated it but it hasn't shown up on the copy and paste) Sorry about the poor reproduction but I hope someone is able to decipher it and advise me about what to do next? Thanks in advance!!
  5. I have emailed the complaint to OFT, hopefully I will get a response from it, it wasn't the easiest form I've ever filled in!!
  6. Thanks everybody- due to lack of responses from the companies in question i was beginning to wonder if maybe I had over-reacted as I flew completely off the handle! My hubby said my letter was very acidic!! In actual fact I have had an email from RW this afternoon, very apologetic, investigating the matter, suspended all collection visits, will inform me of the results etc etc and oh, how would I like to continue paying in the meantime?!!!!!!!! The cheek of it!!!! I have had a quick look at the OFT website about making a complaint but it says it doesn't deal with individuals? Not sure where I should be looking?
  7. Thanks for the replies!! The small debt was in fact 2 small debts, 1 of about £50 from NPower at an old address and 1 for about £100 ish to Studio Cards. I have written complaints to both NPower and Studio and also to Robinson Way who the agent was collecting for. So far have not received a response from any of them so am not sure what to do now?!
  8. I have been paying off a small debt through a collector for Robinson Way for 6-7 months now without any problems. However last week (well it was 2 weeks ago now), I missed him as I had to pick the kids up from school (he normally calls around 3pm just before I have to leave) usually when this happens he calls back later on the same day, that's fine. But he didn't come back that day, so I assumed I would see him again when he was next due.He actually turned up 3 days later at 7.30pm, and I had nipped to the shops at the time. My 13 year old son was home and answered the door and explained I wasn't home. However the collector could obviously see my collection card and money on the shelf and asked my son to give it to him!!! Bearing in mind my son has never laid eyes on the chap before as he is nearly always at school when he calls. And now I have a son at an impressionable age who has been made aware that his parents have financial problems which is the last thing I wanted. I wrote a letter to RW and the original company complaining about this behaviour and saying I won't deal with him anymore. Do you think I have over-reacted? I was so angry that this 'strange' man had 'co-erced' my son into handing money over at the door rather than calling back another time when I was at home, which i would have thought was the sensible thing to do!!!!!! Any thoughts??
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