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teed_off

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Posts posted by teed_off

  1. Hi all

     

    Its just a quickie : if a debt is assigned to DCA does the creditor have to notify you?

     

    I was under the impression that creditors have to send you default notices then notice of assignment etc..

     

    Thanks :-)

  2. Hi

     

    If you look at other credit agreements that have been posted on this forum I think you'll find that the one you uploaded is not enforceable. All the terms and conditions and the amount you pay and interest rate etc should be on the same sheet of paper as your signature, etc.

     

    Send them this - if this incorrect I will stand corrected by those who know better :

     

    Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

     

    I note that you have replied to the above by sending your companies current Terms and conditions. I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

     

    To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

     

    This breach of the agreement can be demonstrated as follows;

    As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

     

    Before leaving section 180 there are two other sections that should be remembered these are:

     

    Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

     

    And more importantly

     

    Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

     

    You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

     

    Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

     

    The regulations state:

    (2) There may be omitted from any such copy-

    (a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

    (b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

     

    It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

     

    The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

     

    Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

    It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

     

    I hope this explains why your reply was unacceptable. I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

     

    Yours faithfully,

     

    xxxxx (type, don't sign)

     

     

    Hope this helps

  3. hi all

     

    I have sent 2 SAR's requests - one has not complied fully but will get that sorted but the other has not replied at all.

     

    The date when the 40 days is up is Nov 20th and to date no response has been recieved or acknowledged by the company but I have a signature that said item was delivered.

     

    How does it work ... I was being pursued by a DCA and CCA'd them and they have backed off with no response. The company I sent a SAR. If they do not reply by said date I will write to them etc but can they still pursue the debt when they have failed to provide the information requested?

     

    Any feedback will be gratefully received. Thanks

  4. have i got this straight that this account already been in court and judgement has already been obtained?

     

     

    Yes it went to county court but not judgement as far as I am aware - The students loan company said they never received the deferments. I wasn't working at the time so not earning -full time carer for my mum and hubby. Still not working as full time carer for hubby and son.

  5. It would not be barred even without a CCJ as payments were made on your behalf, by someone acting on your behalf (your husband) And it is quite correct, Pre 1998 SL CAN be SB, as they are CCA agreements

     

     

    Thanks for the responses - but what if I was not aware of the payments being made on my behalf would the debt then be statue barred?

  6. Thanks both for your answers. I was thinking along those lines myself. I was also thinking seeing that they has sent that cheque that they had wiped out the PPI but cos they sold it along with the loan then APEX would be chasing something my son does not owe... IE the PPI. Surely then MBNA have broken the law by committing knowingly fraudulent transaction?

     

    I won't be able to compose a reply to MBNA till this evening but will post it in here first for a scrutiny.

     

    Ta.

  7. Hi sorry for taking so long for replying.

     

    There has been a development - I was also claiming the PPI from this loan for my son - and yesterday got this and a cheque but it does not really make sense - should he accept this cheque or send it back as MBNA have sold this loan to APEX which includes the PPI as well.. help will be gratefully recieved.

     

    cheque.jpg

  8. Hi everyone

     

    At present I am helping my son as he is hospital after a near fatal crash and MBNA are not very nice.

     

    To cut a long story short he was in debt management and MBNA continually phoned and harassed him on the phone. he CCA'd them and this what they have come up with. Is this agreement enforcable? I think it falls into the multi agreement catagory after reading info on this site. All opinions and advice will be gratefully received.Also they have sold the debt on to a company called Apex

     

     

    MBNACCA1.jpg

  9. As has already been said, you need to be factual and try to leave out the 'he said, I said' bits.

     

    Choose a starting date for your calculations and and make 2 column him and you so to speak. Mention the lack of a binding contract either way and just give a very brief outline of your 'friendship/business relationship.

     

    Make sure you have all the letters etc. between you and CCI to show you have repeatedly requested full details of how the claimed amount was arrived at.

     

    Try and keep it as profesional as possible, leave out meals, stays etc. they really do not impact on the basics of this claim.

     

    Some clarity will most definitely help you in both your defence and counter-claim.

     

     

    And just to add to the above CCI legal record ALL calls - so if they have called you then request a copy of the actual recorded conversation not a transcript.

  10. Sorry for being thick here.

     

    SAR's was/is Lloyds TSB bank account.

    What they sent was load of stuff that I could not understand,

    no bank statements etc.

     

     

    When I wrote to them stating they had not sent ALL of what was required this is what they sent me

     

    1: copies of bank statements

    2: Copy of CCA for Lloyds tsb loan (uneforcable) according info on this site. And copy statement etc for the loan.

    3: Copies of lettes I sent in regards to Lloyds TSB Credit Card

    4: copies of the amount of times they called me in regards to the credit card

    5: Details of other info in regards to Credit card.

     

    But NO signed Credit Agreement for the credit card.

     

    My question is should the stuff about the credit card and loan be included in the SAR's for the bank account?

     

    If the answer is yes then should they not have supplied copy statements to the credit card account as well? also a copy of the signed CCA?

     

    Or should I send a SAR's to Lloyds Credit card and see what they come up with?

     

    Crikey am not sure whether that makes sense to me now either lol

  11. A Subject Access request is just that...........a request for any data held against the name of the requestor.

     

    So...........your CCA for a credit card was sent in your SAR documents even though you thought your SAR was for your bank account.

     

     

    No the CCA was sent seperatly a while back..

     

     

    . I was SAR my bank account as I want to claim back the charges

    but the bank sent me details of the credit card account

    such as letters I sent and replies I never received

    also details of phone calls etc.

     

     

    but no credit agreement for the card.

     

     

    Surely if they sent those details such as the letters etc

    then the signed CCA woul have been a part of it?

     

     

    The reason am asking is that they sent the CCA agrement for a loan with them but not for the credit card with the SAR.

  12. If LTSB have not fully complied with any SAR request then complain to the Information Commissioners Office.

     

    This can be done online - Complaints about data protection policy - ICO

     

    Also, you may wish to take them to court to comply.

     

    Have a read of this thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb.html

     

     

    Thanks for that.

     

    What I really needed to know was this - the signed CCA for the credit card would have been a part of the SAR's wouldn't it? Even though it was for my bank account?

  13. Hi

     

    As you can gather I am at loggerheads with LTSB,.

     

     

    I sent a SAR to the bank and received the response in 2 parts.

     

     

    The 2nd part was sent after I requested it again via their hound dogs Sacharri and wotsit.

     

    got loads of stuff that did not make head nor tail to understand ,

    but statements going back quite a few years.

    Also I have a loan to LTSB and they sent the "CCA" for that which I am now disputing as the sigs are on a separate page etc.

     

    As for the credit card , I CCA'd them in Jan then supplied me with it in June both sigs were different etc,

    but whats getting me is this : with the sar for the bank account they sent me all the correspondance I sent to them

    in regards to the credit card etc but no signed credit agreement came with it.

     

    Surely if I SAR the bank and they supply me with ALL corresspondance in regards to the credit card

    that includes copies of my letters, and all details of the amount of times I was contacted in regards to the credit card

    then surely the signed CCA would have been included?

     

     

    They also included ALL letters they sent in regards to the loan, bank and credit card account but no signed CCA for the credit card.

     

    I have reported this to Finacial Ombudsman a few months back and awaiting the result. Should I tell the Ombudsman about the SAR etc?

     

    Thanks in advance

  14. no not yet. Ok I agree somewhat that payments would count but if those payments were not actually made by me or from my bank account.

     

    There is no way any company could prove that I made any payments as the payments came from a bank account that was nothing to do with me.

     

    Are you saying that I could send a CCA request to the students loan company then?

  15. hi ALL

     

    Been reading lots of posts on here an have a question

     

    My student loan was pre 1998 as I grad 95 - I defered as not earning etc - cut a long story short - student loan company took me to court in 1999 and my husband starting paying £5 per month from his bank account which was a joint account in 1999 but reverted to his name only just after this "agreement" my name has never appeared on any statement in relation to this since then. He changed his bank account earlier this year and stopped paying this £5 -

     

    I have received 5 letters from various debt collectors but not responded. I

     

    My question is : Can the student loan company apply for judgement now even though I myself have not paid anything even though my other did?

     

    Also would it be considered statue barred as I have not paid anything?

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