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Found 5 results

  1. Hi For a while Arrow and now Drysden Fairfax have been irritating me with a Capital One CC account which was defaulted on. Taken out in 2001. Last payment approx 3 years ago. In May, I CCA'd them, eventually received the attached document. They say they've sent a Recon, quoting a high court decision in 2009. This document is all they sent, despite their letter saying that they have also sent a copy of the terms & conditions. Does not sending the accompanying t&c's mean it's failed CCA reply? More importantly, is the attached CCA enforceable? It's termed as an Application Certficate? Prescribed terms? (I'm not too clever on this aspect) Thoughts and advice appreciated. CR cap one recon cca.pdf
  2. Hello All, Can anyone help me with analysing the attached recon agreements. They are for a Barclaycard credit card agreement from Oct 2006. They were provided by a DCA and are subject to a court case at the moment. There are a total of 7 pages. So far I have found the following errors with the docs, when compared against Carey v HSBC 1. The cancellation notice on page 1. Doesn’t comply with any such notices as per Statutory Instrument 2004 no. 2619 The Consumer Credit (Miscellaneous Amendments) Regulations 2004. 2. Both agreements have the incorrect heading. 3. The second one states - The agreement is between Barclays Bank PLC and You, the person who signed the agreement as shown on the attached letter!!! 4. Condition 1 is missing on both of them. 5. Also, On the top left of page 2 of the first agreement is a date and time 26/06/07 3.40pm and In the second agreement it is 22/09/09 19:08. Surely this can't be the t&c's at inception which was Oct 2006. 6. In the first agreement, the front page in the section headed TOTAL CHARGE FOR CREDIT. An example of a standard balance payable equally over 12 months states that the total charge for credit will be £138.44. This works out at a rate of 9.23% and not standard rate of 17.9% quoted in the first box of the same document. (138.44/1500x100) Anyone know how this is worked out, as it is a prescribed term, my understanding is that it cannot be misstated. 7. In the second agreement the third box top left for APR states - Not applicable see below and in the bottom left the box for total charge for credit states Not applicable see below The DCA reckons that barclaycard advised them that i signed the agreement even though one was never ever presented to me even when I queried it several times in 2006/07 Would be grateful for any input regarding enforceability and any more errors especially in the prescribed terms. Thanks for your help
  3. Hi, I have had a response from Lloyds - they have sent me a reconstituded copy of the CCA. It does not contain a signature, although I believe it doesn't have to contain a signature in order for it to be enforceable. It's for credit card and it has my husband's name and address on it but nothing else. No credit limit on it. That was document 1. Document 2 was entitled 'Your Lloyds TSB Credit Card terms and conditions. Applicable from 26th November 2011' The account was defaulted on in 2004. They have given a statement of the account in another, separate letter stating the balance, credit limit,current monthly interest rates, arrears and further payments to be made. They state they have sent us a copy of the Signed document - but it is not signed. My husband owes them £896 - we have previously offered £330 as a F&F settlement which they have refused. I'm not sure if we can do much more - they insist that this is a legally enforceable debt. What next? Any help would be appreciated. Roar.
  4. Hi newbie here I have been looking through the forum for some help re: a reconstituted cca Lloyds have sold my credit card acc to Capquest after many years of seeing off various dca's. After sending off a cca and prove it letter to Capquest they have supplied 1) Reconstituted copy of the credit agreement 2) Terms and conditions As i know this account was opened pre 2007 (opened about 1998 if not before) am i right in thinking this agreement i have been sent would still be unenforceable. Can i still dispute this account? with the usual dispute letter ao should i point out that i know the agreement was pre 2007 and that they should supply the original copy fully executed and signed Any adivce would be gratefully appreciated .
  5. I sent a CCA and was given a recon with no name; no address; no T&C's; no interest rate - nothing. I challenged it and this is the response - verbatim - which I received this afternoon - any help would be appreciated cos I am fuming! Also - thier figures do not add up - they say we owe them 1,800 but when I went through the statement they sent me they had missed off TWO years of payments at least! We actually owe them just over 1k. letter from them - "Further to my letter f 1 November 2012. I have now investigated your complaint fully and in line with our Complaints Proceedure. I am in a position to provide you with a final response. Our investigation has highlighted that we do not uphold your complaint. To enable you to understand the reasons for this decision, I would like to take you through the facts of the investigations and share the conclusions with you. Our Investigation On the 24 October 2012 we responded to your request for a copy of your loan agreement. In compliance with your request pursuant to Section 77 of the CCA we enclosed a reconstituted copy of the executed Credit Agreement and a statement of account. In accordance with the Consumer Credit Act 1974 it is acceptable to supply you with a reconstituted copy as the creditor or owner may not have preserved a copy of the executed agreement. The requirement allows us not to provide an exact copy, a carbon photocopy or microfiche copy and we can therefore provide a reconstituted copy. Our Findings We are confident that all our agreements are properly executed and not open to challenge. Even if, which is denied, the agreement is improperly executed then all requisite Schedule 6 information is included sufficient to allow the court to permit enforcement. You must take whatever action you conside necessary, however, we will not be releasing you from any obligation. Furthermore, a request made under section 77 of the Consumer Credit Act is not a provision to remove liability and if you believe that the above agreement was not entered into by you and therefore believe fraud to have take place, you should report this to your local police station. The current balance is £1813.43 which remains outstanding. If however you are experiencing financial difficulties please contact our office so that we may discuss mutually agreed repayment proposals. Please note that, under the terms of our Complaints Proceedure, this is our final response. If you are dissatisfied with it, you may refer your complaint to the Financial Ombudsman Service. You need to do this within 6 months from the date of this letter. For more information please read the enclosed guide 'Your Complaint and the Ombudsman'. The address of the Financial Ombudsman Service is: Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E12 9SR I also enclose a copy of our internal Compliants Proceedure for your information. Once again, we are sorry for the inconvenience we caused you and hope you will find that the points above offer a fair resolution.
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