Finance Agreements

[postggj]

Just Want To Pick Some Brains

What Are The Legalities On Charging Interest On Unlawful Charges Added To An Agreement

Is It Legal Under The Consumer Credit Act

[postggj]

quick comment

 

if an agreement does not contain all the prescribed terms, a creditor cannot enforce the agreement.

 

if it goes to court what are the chances of a judge making it enforceble where its the creditors cock up

[Weird Al Yankovic]

Yes, good question.

 

I have a feeling that Barclaycard, who are taking me to court with no CCA, will simply show past statments, dd details etc and the Judge will simply say that it is obvious a debt exists so I must pay.

[postggj]

its not a question if the debt exsists but through there cock up why should a judge allow enforcement

[make them aktiv runners]

Not usually, but it may be better if you post a copy of the CCA (minus personal details) so people can advise exactly what is missing and if it can help you.

[Surfer01]

If there is no CCA and the judge agrees there is a debt, surely they cannot include interest and charges in the debt as only the basic debt, sum borrowed, would be the debt enforceable if you can understand what I am trying to say.

[postggj]

check my halifax no cca thread

they have addmitted they have no cca

 

my agreements ref welcome finance do not contain the prescribed terms and have not been filled out properly, plus using wilson case

what is the likely outcome

worried court might enforce the not properly executed agreement

waiting for court date with welcome

[gyzmo]

If they do not have the original signed executed agreement then the court has no power whatsoever to enforce the agreement.

[postggj]

I Was Accepted For A Capital 1 Card, I Must Say The Intrest Was 29.9%

Six Months Ago They Put It Up To 35%

The Credit Limit Was £200

My Point Being Is I Have Had This Card For 1.5 Years And The Credit Limit Has Never Gone Up.

The Only Reason I Use This Card Is The Positive Markers With The Cra As I Have Never Missed A Payment

I Have 2 Defaults Outstanding Which Is Going Through The Courts To Be Removed, Do You Think This Is The Reason For No Increase

I Am Now Very Careful With Money Now As I Have Learned My Lesson And Would Be Good 2 Know If My Credit Standing Has Improved And When The Credit Limit Increases Will The Apr Reduce

[PriorityOne]

It might be an idea to 'phone them and ask... see what they say.

 

[postggj]

i have all they tell me is thats its an automated process

[PriorityOne]

It probably is down to the 2 defaults. Have you checked all 3 credit ref. agencies ?

[postggj]

yep they are there

like i said, in court next month to get them removed

[PriorityOne]

Best to wait until after the court case then... good luck for next month and Happy New Year.

 

[postggj]

many thanks

[pebs]

Hi Post,

 

I got a capital one card for improving my credit rating too, they told me they would increase credit limit after 4 monthly payments, I have made 3 so not sure if they will or not yet.

Are you making the minimum payment only? Your balance never really goes down with min payments so that could be why they are not increasing your credit limit.

[postggj]

its only £200, and pay in full each month

good to hear from you again

one more month and my dealings with welcome are over, mind you they are getting rather nasty

how are you getting on with them

 

pm me

[pebs]

Havn`t heard anything re; Welcome as yet but my solicitors are closed till the 5th Jan so hopefully we will set the ball rolling again!

[installspark]

My Point Being Is I Have Had This Card For 1.5 Years And The Credit Limit Has Never Gone Up.

 

I've had mine for 3 years and not seen an increase despite being told that the account is regularly reviewed. However, the SAR shows no sign of automated or manual review. Waiting for a response to my letter now.

[Just~me]

postggj

 

I lived in Florida for 5 years and had a Capitol One card there. After 18 months they increased my APR from 12.8 to 35% for 2 LATE..not missed, payments, over a 12 month period. I cut the card up after settling the bill.

 

Simple.

 

Just~Me

[postggj]

my flash drive has gone kaput

can anyone give a link to the consumer credit act 1974

[rory32]

You find all the relevant statute to the Act here http://www.consumeractiongroup.co.uk/forum/statutes-library/27535-consumer-credit-act-1974-a.html

[postggj]

many thanks

[postggj]

on wed i was involved with a very minor bump with a invalid scooter

the facts are i was revearsing out of my drive. i checked that it was clear, looking over my left shoulder started to revearse, very slowly i felt a slight bump and stopped.

when i got to the rear of my car there was an old lady on one of these scooters. thank god she was all right and no harm done. i did the right think and left my contact details and she rode off.

yesterday i got a phone call from the police asking about the accident. the copper just advised me to call my insurance company and take my insurance cirtificate to her.

what i would like to know is as there was no personel injury why did the warden at the sheltered accomodation call the police.

they are saying the steering rack is damaged.

when i drive on the road i have to have insurance, what is the legal position whith people driving these things on the highway

apparentl;y she has insurance but this is for theft as i believe

as the highway was clear when i reversed she must have been moveing at some speed or had stopped directly behind me. these things are so low down it would have been impossible to see through my rear mirror.

i am just glad no harm done but what are the legal postion involving these vehicles on the highway

[Conniff]

It is legal to ride them either on the road or pavement.

 

From the Highway Code:

 

Remember although it is legal to ride all vehicles on the road, it is not always safe or sensible to do so. You are responsible for your own safety and that of other road users. The normal rules of the road apply - but modified.

Observe the law

Never drive against the traffic

Give way where cars would give way. Give way to pedestrians

Obey Traffic lights and all other road signs and signals and remember the car you can see when you look behind you is almost certainly moving faster then you, It could well be upon you before you complete your manoeuvre and it may not be able to stop in time.

 

Having said the above, there seems to be conflicting advice. This is from the law center at Exeter University:

 

Class 2: Scooters in this class are to be used on the pavement only and have a maximum speed of 4mph.

 

So you will need to have a look at the 'definative' regulations. I don't have time now.