why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

[FlyboyAgain]

CAn I hijack this thread for one post? Not getting any hits on my PPI thread and wonder if anyone can have a quick look at the enforceability of this:-

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/210160-ppi-amalgamated-into-loan.html#post2300718

[casbah]

I think no-one replied to your post because they didn't understand what you were asking.

He! He! most days I don't understand what I'm saying!!!

Here goes...........The creditor cited terms under the CCA 1974, (default), but when I tried to cite terms under the CCA 1974 I was told this contract was not covered by the CCA 1974, and I had no rights, also one term on the contract stated that they could add interest at 2% per month, yet the term that stated I would be given a 4% per month rebate, for the remaining term, was omitted.

Also I had a claims company check out my contract and they said that because it was hand written, and other discrepancies (wouldn't elaborate till I coughed up £400) so I'm guessing that this was not "pre-described terms" so I wonder if that would make it unenforcable.

Cas

 

 

[the_shadow]

I think no-one replied to your post because they didn't understand what you were asking.

 

He! He! most days I don't understand what I'm saying!!!

Here goes...........The creditor cited terms under the CCA 1974, (default), but when I tried to cite terms under the CCA 1974 I was told this contract was not covered by the CCA 1974, and I had no rights, also one term on the contract stated that they could add interest at 2% per month, yet the term that stated I would be given a 4% per month rebate, for the remaining term, was omitted.

Also I had a claims company check out my contract and they said that because it was hand written, and other discrepancies (wouldn't elaborate till I coughed up £400) so I'm guessing that this was not "pre-described terms" so I wonder if that would make it unenforcable.

Cas

 

 

 

Hi Casbah, Do you have your own thread with a scan of the agreement on it?

 

Need to see if the contract actually states its governed by the CCA1974 at all.....

 

S.

[bazaar]

Casbah, who told you, you had no rights under the act?? Its usual for these toerag DCA and their ilk to pick bits of the act that suits them and not you. So you always should fully understand the complete wording of the relevant section and quote it verbatum, so the court knows the correct way to go. You can then respectfully point out that the scumbags are trying to confuse the court.

[I've got no money]

I think no-one replied to your post because they didn't understand what you were asking.

 

He! He! most days I don't understand what I'm saying!!!

Here goes...........The creditor cited terms under the CCA 1974, (default), but when I tried to cite terms under the CCA 1974 I was told this contract was not covered by the CCA 1974, and I had no rights, also one term on the contract stated that they could add interest at 2% per month, yet the term that stated I would be given a 4% per month rebate, for the remaining term, was omitted.

Also I had a claims company check out my contract and they said that because it was hand written, and other discrepancies (wouldn't elaborate till I coughed up £400) so I'm guessing that this was not "pre-described terms" so I wonder if that would make it unenforcable.

Cas

 

 

Have you got your own thread with all the relevant docs posted - I'd really need to see the correspondence

[I've got no money]

Sorry Shadow - great minds obviously think alike

[the_shadow]

Sorry Shadow - great minds obviously think alike

 

Its early I'll let you off ;-)

 

S.

[Scouserlad]

Hi

 

Can sombody please take a look at my docs here

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/210240-john-lloyds-tsb.html

 

Thanks

John

[Beck1968]

removed

Edited July 21, 2009 by Beck1968
opps

[FlyboyAgain]

Was that to with last night's Dispatches, Beck??

[Beck1968]

Was that to with last night's Dispatches, Beck??

 

Yeah but had toooo many tabs open and posted on wrong one.....Opps

[FlyboyAgain]

Which thread, rather than post here?

[Beck1968]

Which thread, rather than post here?

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/208743-channel-4-dispatches-air-57.html#post2305499

 

 

twas good watching the program and seeing over 150 peeps on the thread :eek:

[Scouserlad]

Hi

 

Sorry to bump but can anybody give me an update as i won't have the internet for about 2 - 3 weeks after tomorrow as i'm moving home

 

Thanks

John

[crazzycat]

This story proves that all originals off documents should be kept carefully

_________________

Searching for Attorneys Addresses

Edited July 24, 2009 by crazzycat

[basa48]

This story proves that all originals off documents should be kept carefully

 

[FlyboyAgain]

 

Basa. I think this one's a troll. Either a DCA or a Sherman Tanker. He/She signed up yesterday; their posts are either bland observations or barely make any sense. Given that, I'd say DCA employee. Red triangle has been hit.

 

I may be wrong and apologise if I am. But I don't think I am.

[basa48]

;-)

[Crazy fella]

hello - there im a newly registered user, however i have been reading these forums for advice for many months now.

 

Im hoping you can offer me further advice.

 

I owe numerous debts to credit card companies. £19,000 loan to HSBC - i have sorted a £5 a mth agreement with collection agency Rockwell. £5000 flexi-loan to Cahoot, - on going payment gesture of £1.61 a mth, RBS Card - just accepted £1 a month direct, Barclays - offering £1 a mth.

 

So i am managing to hold them off. I have done so for the last 3 yrs.

However - my query is -

 

Barlcay card threw Mercers Debt collection agency at me - so i threw a letter back to Mercers - asking for proof of entitlement to collect the debt & a copy of the credit agreement as per credit act 1974 etc.

 

Suddenly they cease to bother me as i now know they are part of Barclays. But strangely a i recieved a letter from barclays - saying " they are dealing with my complaint " .

Later i recieved a further letter containing brief documents of their terms and conditions, and a copy of a black application form.

 

So - after reading this thread i understand why i have no copy of a signed agreement from them.

 

Now - this card was originally a Morgan Stanley Card which went to Goldfish, which then was took over by Barclay Card. i am thinking that it may be difficult for them to actually obtain the original documentation of the original signed agreement. Do u think i have a lucky chance or am i clutching at straws ?

 

I understand i may have a fighting chance of clearing this debt if they cannot find the original signed agreement, but after reading this thread - it appears i may need to go to college/ university to get a Law Degree.

i am a full time Motor Mechanic - reasonably educated - Master Technician on Jaguar & Land Rovers. But im not sure if i would just get tripped up by their jargon if i tried to take them on myself.

 

i dont know whether i should persue all my credit card companies for original agreements in a bid to try and catch them out and wipe my debts or just leave my present course which is pay what i can which is - £1 a month in general to each one, until hopefully they will give up after 6 yrs of persuing the debt.

 

im 3 yrs in with HSBC but only 6 mths in with the rest.

 

Hope some of that made sense.

 

Look forward to any advice you can offer.

 

kind regards

 

Crazy fella

[cloggy]

Crazy Fella,

 

Most inmportant thing is don't let the *+!**!? get to you!

 

If you have the msdw/goldfish/bcd my bet is they have not got the original docs so it will be an unenforcable agreement.

 

Take a look at my thread Cloggy v Barclaycard as I have had the same crap as you. They have so far had Mercers, Calder, Power2Contact and Credit Solutions onto me and in all cases the forums Bog off letter has worked for me.

 

Use the forum, its a great help and in my experience everyone on here is on your side!

 

It may help to start your own thread and seek the advice and help that is so freely available.

 

Good luck.

 

Cloggy

[katedog]

hello - there im a newly registered user, however i have been reading these forums for advice for many months now.

 

Im hoping you can offer me further advice.

 

I owe numerous debts to credit card companies. £19,000 loan to HSBC - i have sorted a £5 a mth agreement with collection agency Rockwell. £5000 flexi-loan to Cahoot, - on going payment gesture of £1.61 a mth, RBS Card - just accepted £1 a month direct, Barclays - offering £1 a mth.

 

So i am managing to hold them off. I have done so for the last 3 yrs.

However - my query is -

 

Barlcay card threw Mercers Debt collection agency at me - so i threw a letter back to Mercers - asking for proof of entitlement to collect the debt & a copy of the credit agreement as per credit act 1974 etc.

 

Suddenly they cease to bother me as i now know they are part of Barclays. But strangely a i recieved a letter from barclays - saying " they are dealing with my complaint " .

Later i recieved a further letter containing brief documents of their terms and conditions, and a copy of a black application form.

 

So - after reading this thread i understand why i have no copy of a signed agreement from them.

 

Now - this card was originally a Morgan Stanley Card which went to Goldfish, which then was took over by Barclay Card. i am thinking that it may be difficult for them to actually obtain the original documentation of the original signed agreement. Do u think i have a lucky chance or am i clutching at straws ?

 

I understand i may have a fighting chance of clearing this debt if they cannot find the original signed agreement, but after reading this thread - it appears i may need to go to college/ university to get a Law Degree.

i am a full time Motor Mechanic - reasonably educated - Master Technician on Jaguar & Land Rovers. But im not sure if i would just get tripped up by their jargon if i tried to take them on myself.

 

i dont know whether i should persue all my credit card companies for original agreements in a bid to try and catch them out and wipe my debts or just leave my present course which is pay what i can which is - £1 a month in general to each one, until hopefully they will give up after 6 yrs of persuing the debt.

 

im 3 yrs in with HSBC but only 6 mths in with the rest.

 

Hope some of that made sense.

 

Look forward to any advice you can offer.

 

kind regards

 

Crazy fella

 

 

Hi CF

 

check out my thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/201263-aktiv-no-cca-what.html this is an old goldfish account then BC then sold to aktiv.

 

Katedog

[brown owl]

Hi, please help.

 

I have a hearing/trial with Sechiari/Lloyds Tsb, not a small claim. They have already disclosed their papers. Is it too late for me to ask for a copy of the CCA noy quoting section 77/78 when they have already sent me one via my request using section 77/78 ?.

What I have is a mirofiche copy with ilegible terms.

[Crazy fella]

Hi KATE DOG,

 

Thank you for your reply - i am very grateful - but -

 

Your post does not really add anything to my query. i have already submitted a CCA request and got copy of terms and conditions - but no signed agreement. now if you go back to the beginning of this specific original thread - it says that by law the CCA request means nothing - so they can carry on sending me unsigned agreements. only way according to this thread is - take them on in the court. this is what i want to clarify.

 

if i need to go to court - then i have lost full stop - as i cant afford such expenses - thats why im in debt lol !

The law is on their side with regards to the CCA request - they dont have to supply you with the original signed copy or even a copy of that original for that matter.

 

So what the hell do i do ? bit of a sticky one it seems.

 

Kind regards

 

CF

[r&b]

if i need to go to court - then i have lost full stop - as i cant afford such expenses - thats why im in debt lol !

The law is on their side with regards to the CCA request - they dont have to supply you with the original signed copy or even a copy of that original for that matter.

 

So what the hell do i do ? bit of a sticky one it seems.

 

Kind regards

 

CF

 

if u read some threads with similar issues, of which there are many, you will see there are other avenues for disclosure.

if you really have problems start your own thread and post up the issues there

[lexis200]

Hi KATE DOG,

 

Thank you for your reply - i am very grateful - but -

 

Your post does not really add anything to my query. i have already submitted a CCA request and got copy of terms and conditions - but no signed agreement. now if you go back to the beginning of this specific original thread - it says that by law the CCA request means nothing - so they can carry on sending me unsigned agreements. only way according to this thread is - take them on in the court. this is what i want to clarify.

 

if i need to go to court - then i have lost full stop - as i cant afford such expenses - thats why im in debt lol !

The law is on their side with regards to the CCA request - they dont have to supply you with the original signed copy or even a copy of that original for that matter.

 

So what the hell do i do ? bit of a sticky one it seems.

 

Kind regards

 

CF

 

Ok, why do you hope they'll give up after 6 years? If you weren't paying anything and could avoid them for that length of time then it would be Statute Barred, otherwise I'm afraid I can't really see why they'd give up on you. After all, you might win the lottery next week...(actually it's my turn next week, you can have the week after;))

 

If you're getting nowhere with the CCA, my personal choice is to try an SAR. I do this because I'm not up for going to court, and I think unless you are going to follow through on that threat it will harm others who are willing to go all the way. Of course if it got to the point I had to, I would reluctantly go to court, but I'm not happy about instigating at the moment.

 

Bear in mind with the CCA that they can send you unsigned copied, but they must be from the period you signed so that you can check the terms you would have signed up to. If they've sent you a current application/set of terms, this is not compliant (and they know it).

 

The three biggies you need to have been sent are:

Either your own agreement/application, or one from the right period in time.

Historic terms (if the agreement refers to them in another document)

Current terms.

 

There are other bits that they should send too, such as an up to date statement, but the ones above are what you are most concerned with.

 

I would agree it's a very good idea to start a thread on this (post a link on here for help) as you will probably find your post gets lost as this thread can move very quickly.

 

Lexis:)