I received this letter (attached) today, from Admiral. I have a few questions about it. Is it true that that no one there is responsible for sending data to the CRAs? Admiral state that they cannot give me a name and contact details for any sort of data manager or someone there who controls data sent to the CRAs? is that right? I thought all credit businesses had to have a data control manager who has discretion? They also state "You will be in Default under the Agreement: If any Direct Debits are refused by the Bank/Building Society within any policy term. “ The point I made is that I set the direct debit payment dates myself and, while some bounced, Admiral were paid within seven days of that under the same direct debit instruction (re-presented). Surely that is the “policy term”? They also reported some missed DDs and not others, which is odd if, as they state, ALL DDs are reported electronically without human involvement. I would also add that I have been with them about 10 years, without complaint, and they only started filing with the CRAs about 4 months ago. Whether they will or not, surely there is a data controller at Admiral with the power to remove adverse data? This seems to be a classic case of an unhelpful case worker at Admiral with “the computer says no” mind set. Admiral response 17.4.19.pdf

ALL3x from 2003. I applied for them on-line and they sent CCAs to sign and return in the post. CCAs were signed, defo, I remember. The top up loan also had ppi, I know that much from dsar. First step is to see what DCA comes back with. I think I have enough ammo here to keep them tied up for a while

No I was defaulted. In 2006. Passed to a number of cccas and then arrow bought it. Now owned by Cabot. As I say, 3 credit agreements involved and no CCA yet for any of them. They should need all 3 to prove the amount claimed surely? I gather from other threads that egg ccas are notorious for being badly drafted? If and when I get sent any, I will post them up.

Ok, well hopefully they can't provide the CCAs for the loan and CC. By the way, Egg flogged me a "top-up loan" which was merged with the original loan and cc at default as well. So another CCA to look for.

But the interest rates on the original debts were different, and there was ppi etc. Merging them unfair practice - FCA issue?

Hi. May I ask: was it ok for egg to have merged my credit card and loan balances into the DMP I had with the CCCS (at default in 2006?). The reason I ask is that Cabot (who now own the debt) insist on referring to the old loan account number only and not the loan and cc. The default balance of the cc was £2k and the loan £7k at the time. So £9k merged repayment plan. Capquest had it first then a string of others. Should egg have rescheduled the £9k in a new CCA when it defaulted? They didn’t.

Thanks, as always. Useful clarification ref masterloan. I am hoping I can still do something on the HBOS matter, though, as it seems to me I shouldn’t have been paying out on a loan that included 5 years of interest when I defaulted, just perhaps the capital from then on (as they froze interest on It when it went to collections ). Let us see what they say...

Ok thanks. Not looking too good then? But, do you think they preloaded the interest up front? I cannot see how this agreement differs so very much from the masterloan one? Or am I missing something obvious? Thats very helpful, thank you. Well written and clear.

Thanks. APR on the agreement was 9.5% though, so more like 0.3/4 out. Make a difference? I did an online and it said 9.8 nearly 9.9 also. So a difference to their 9.5%. Relevant to me because all I’ve got is APR as prescribed term here. That, and possible interest rebate (to dispute). Worth taking to FCA? APR is important because it prevents lenders from hiding additional costs, a provided a true representation of the borrowing / allows fair comparisons between lenders when took out loan. Mis-sell? de minimis errors of 0.1% can be disregarded. Consumer Credit Law and Practice para 13.64 states as follows: “Anything more than a de minimis misstatement will make the default notice invalid... It also seems to follow that a substantial error in stating any of the other items listed will be fatal.” 43 In the same textbook, at para 5.168: “Unless the error or omission is minor, there is a breach of the Regulations. It must follow that the statement is invalid, and thus of no effect for all purposes”. The question is: 1. Is the APR out by 0.3 / 0.4%? CCA states 9.5% but I make it 9.8% (?) 2. discrepancy of 0.1% should in our view be disregarded on the basis of the de minimis principle. Does this make the CCA unenforceable? 3. If it does, can I use 127(3) to argue its irredeemably unenforceable? However, the only prescribed term is the total amount of credit not interest, so I don’t think 127(3) is relevant here. 4. Am I better off taking a dispute to the FCA instead?

No PPI in this one I'm afraid. Where do I stand on the pre-loaded interest? I haven't tried U/E before on this debt. The charge was not compulsory, but was it ever sent by courier? Any mileage in a FCA complaint re unfair terms? Is the APR correct? Bummer about the October (not April) 2004 reg change. Surely they should have rebated some of the preloaded interest, when the account was defaulted and passed to J&J Collections?

and where does that leave me on the cancellation term? Is the date of April 2004 incorrect?

I am trying to find out if my CCA is enforceable. 1. should it contain a cancellation clause? It does not but it was signed in September 2004. 2. has the interest been pre-loaded and, if so, is this contrary to s.9? 3. Should HBOS have rebated the interest when they defaulted it in 2006 and passed it to J&J Collections on an AP? 4. Has the £50 courier fee affected the APR? I attach correspondence from HBOS ('AA') about that. 5. if it is enforceable, is there anything else I can dispute? such as the sum claimed? Any unfair t&cs the FCA or FOS can adjudicate on? Attached is a copy of the payment schedule to default and copy correspondence about the charges. HBOS.pdf

confused. totally bamboozled. I am reading the links. I'm seeing the link to the 2004 regs on cancellation rights coming into force on 31 May 2005? I thought from my Masterloan thread cancellation rights were post April 2004? But cancellation rights are not a prescribed term anyway ? ie can be rectified without the protection of s.127(3)? Hence my looking at the APR and preloaded interest / rebate point. If I can dispute the amount owed that constitutes a defence?

off, via post

Surely, here it is. Am I right in thinking its of a similar type to the Masterloan one? CCA Sept. 2004.pdf any thoughts? Enforceable / unenforceable? Go back on AP or continue to dispute?

Bearing in mind what I learned from my Masterloan thread here, it seems to me that Cabot have complied with my s.77 request but whether the CCA is enforceable depends on whether it contains the prescribed terms. For a post May 2004 CCA taken out remotely in the post, I gather that is just the amount of credit? The T&Cs do not appear to have any cancellation clause / key features but I believe that is not a prescribed term anyway? Just a required one? IE enforceable? If I'm correct, then it depends on the amount of credit but, as what AA appear to have done is pre-loaded the charge for credit with the capital advance, in the same way Barclays did with my Masterloan? When it defaulted they did not rebate or reschedule the charge but just carried on taking repayments for it. Anyway, I welcome your views guys as I do not want a CCJ. If I have to start paying them on an AP so be it, but if there is any leverage for a defence to a claim by Cabot then I would prefer to fight it.

Dated September, 2004. Its a photocooy of the signed original, fairly legible imo No cancellation rights or key facts that that I can see on it I will post up on on Monday when I scan it up.

They never sent annual statements / default statements. Only the odd threat-o-gram if I missed a payment. I have asked Barcalys for a calculation and raised absence of statemnets. Incidentally, I CCA'd Barclays and they have not replied - but, oddly,most strangely, they credited my current account yesterday with a mysterious "Barclaycard refund" of £1,900 odd. No letters, no messages just that refund. It COULD be a PPI claim on Barclaycard (although I've had no post from them recently on that either) but if it relates to the rebate on the Masterloan I will let you know!!!! FYI Ignore the refund received bit in my last post: it was for Barclaycard CC PPI (unconnected to this thread, although I had wondered). So Red herring.

I took out a £14,350 personal loan with the AA (HBOS) in 2004. They sent it by courier for £50 fee. They defaulted it in 2006 when I went on a DMP with the CCCS. Default /account dropped off my credit files in 2012. At the time they passed it to J&J Collections and charged me £50. Have been on very low repayments since,with various DCAs. In November HBOS sold it to Cabot. HBOS re-entered on my credit files but I have since had that removed, I CCA'd Cabot and stopped paying them as it took them a month + to respond, Cabot have sent a copy of the original 2004 CCA. Cabot say enforceable start repaying or else a CCJ. The CCA says:- CCA heading, correct name, address and date. Signed. Advance = £14,350 Amount of Credit = £14,350 Total Charge for credit = £3862.40 Total amount payable = £18,212.40 60 monthly repayments of £303.54 APR 9.5% I agree to pay a courier fee of £50 "which will be added to and payable at the same time as the 1st instalment." In 2015 I got a cheque from HBOS for £50 refunding a charge they applied for the J&J Collections referral. The T&Cs have no cancellation rights / clause. I gather this is not a prescribed term. They did not rebate the charge for credit / interest when it defaulted in 2006. I can post it up next week as a scan, but any thoughts on ss.95, 60 and 127?

probably employ paralegals and the like, and churn off precedents from PLC or similar

Yes, they took it off my credit file. But, I complained to and about EQUIFAX, and they unilaterally took it off when I sent them proof.

Thank you

I'm not sure PRA are solicitors. I thought perhaps they were a MDP with solicitors hooked on, but they are regulated by the FCA. So another one of those dodgy pseudo-legal firms.

I don't think I have a leg to stand on but must ask: My Direct Debit bounced for my car insurance premium and Admiral have marked a Late Payment on my CRFs and will charge me £7.20 penalty. Is there anything I can do about it (short of paying them off and not renewing later in the year)? Also, are there any insurers who do not grass you up to the CRAs for late premiums?

They don't have the original CCA. I did CCA it some years back and they confirmed not held. So they have to rely on the recon copy which, as you say, pre-loaded the interest in breach of the Act. It also does not have my address from the date the loan was taken out. If only subsections ss..5 and 6 applied. I will post up Barclays response but I suspect, that won't be triggered until they notice they aren't getting paid next month. However, does the fact I've been paying them for 16+ years have any bearing? You state s.127 comes to my rescue regardless, tying the court's hands.