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Worth asking for CCA?


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Hi All,

Found this forum last week and amazed at how good the advice is!

 

Anyway, I this is my problem. I have 4 cards which I am making reduced payments on through my local TS and all has been ok(ish) for the some time. Now one of them is getting shirty and has starting adding on huge amounts of interest completely wiping out the payments I have made in less than a month!:-x They are also going to default me if they don't get all the arrears in one go. This I cannot really afford at the moment.

 

All my accounts are still with the original lenders. I have kept all paperwork that I have received over the years and have found two of the original alleged agreements I received.

 

The other two are with Barclaycard and I do not have any copy of an agreement with them other than a standard welcome letter.

 

I have not done any CCA requests.

 

Should also mention that all accounts were taken out at least 8 years ago.

 

Any help or advice would be appreciated.:)

Edited by lifeafterdebt
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Hi, Have a look here......................................It tells you all you need to know.

http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

 

If your agreement looks unenforceable then you are in a much stronger position to have your offer of full and final settlement agreed to. and get them to stop reporting on your credit file. If the court cannot enforce the agreement then it is a moral question of weather you want to pay or not.

If you are able to-pay a small settlement then it obviously puts an end to this once and for all.

Even if the CCA's are unenforceable it doesn't stop them hounding you for the money and continuing to mess with your credit file. Getting them quit reporting on your credit file is quite a hard thing to do, they often still continue even when they know they don't have the CCA.

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It all depends on if they still have a copy of an executed agreement.

 

I would certainly be sending them a cca request

 

 

ida x

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The co op item you have posted in post#1 is not an enforceable agreement.It is a letter.

The egg one doesn't have all the terms & conditions either. No credit limit.

I would send off the CCA requests if I were you and see what they come up with.

 

Have a look at this thread, ........A perfect read for you. Also take a look at Craigers CCA :cool: posted in this thread

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

Edited by questioning
meant T & c's, sorry
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The co op item you have posted is not an enforceable agreement.

The egg one doesn't have all the prescribed terms either.

I would send off the CCA requests if I were you and see what they come up with.

 

Have a look at this thread, ........A perfect read for you.

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

 

Once again, thank you so much! I really do appreciate any and all help. Will get the CCA requests off today and see what they send back. Cheers:)

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  • 5 weeks later...

Hi All,

Decided to do the CCA requests one at a time and have received the first one back from Coop.

 

Also, from the same company I got a default notice giving me 14 days from the date of the letter to bring things up to date. In a separate letter but the same post (and same date as the default) I received a letter notifying me that my account had been terminated. In effect I received 0 days to rectify matters. A couple of weeks later I received another notice. I thought I read somewhere on this site (but can't find it now) that this could render the account unenforceable.

 

Anyway, as I said any help would be greatly appreciated.

 

Cheers.

Edited by lifeafterdebt
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theres nothing in link 1 and 2 and the third I can't read it.

 

 

a dodgy dn only invalidates the dn, they should have gave you 14 days and 2 days for posting

 

can you scan and post up the dn's deleting personal stuff

Ida x

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Oops! really sorry about that. I thought I had copied the links correctly but will post up all the forms and letters tomorrow - with correct links! The 3rd link is pretty much how the document looks in real life and I can't read most of it either! With regard to the default, found the info below on another thread.

 

'Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974

Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119'

 

Anyway, will post up all the docs tomorrow. Thanks for the help.

Edited by lifeafterdebt
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With regard to the DN, it's not just that the DN is dodgy (which it is) but that my alleged agreement was terminated without giving me time to remedy the breach to which the DN relates. In effect I had no chance to resolve the issue before they cancelled my alleged agreement.

 

Anyway, as always, all help appreciated.:)

 

Cheers

Edited by lifeafterdebt
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Hi,

what dates are your agreements,?

 

I can't read the 3rd co op page clearly, it looks like it has prescribed terms on,? My eye sight is really bad. and the copy is terrible.

 

Are the 3 pages linked at all. They need to be linked.

 

The DN and term.N have got their dates muddled haven't they,

 

Here is a link to read info about DN & TN......http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

 

If I were you I would have a seperate thread for each card, that way it doesn't get confusing.

 

I would also read some of the legal successes in the legal success sub forum, but also read other threads where sadly people have lost and some of those should not have lost.

 

I'm sorry I don't know how scottish law might differ to English, I'm in england, all I know is that the statute barred time is a year less in scotland, (I think, from what I remember)

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Hi,

The alleged agreement is from 1998. As for the pages being linked, I do not know. It

 

As for the DN and termination, yes they have got these very mixed up by terminating the agreement twice.

 

You are right, I really should start a new thread for this and will do so tomorrow. However if anyone has anything else to add, please do so.

 

Cheers

Edited by lifeafterdebt
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Hi,

1998, thats ok then, you are not under the watered down 2006 cca then, thats good.

 

What are the charges in the t & c's, do they look like historic or current charges?

So it looks like they will say this is a copy of the front and back of your agreement. (p2 & 3)

If it contains the prescribed terms (which I can't read as its not clear) and they are the historic terms then it looks like it would be enforced in court,

 

You should post in the legal forum,

There is a mess with this DN and two terminations.

They have made a mistake and tried to correct it, The second termination notice has allowed for two days postal service, They can't correct themselves in this fashion, they need to get it right the first time, afaik.

How was DN del. depending how it was delivered would give the time to allow for service. 1 to 2 days for first class and 3+ days are requred for 2nd class for example, if something was sent via royal mail.

Was there a date on the post mark.

Edited by questioning
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Hi,

There are no charges detailed on this document as far as I can see. The form is difficult to read but the only charges mentioned appear to be for credit card cheques.

A question though, there are no prescribed terms on the front where my signature is, don't they have to be there and the others can be on the reverse?

 

Thanks for all your help questioning, it is greatly appreciated.

Edited by lifeafterdebt
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Hi,

There are no charges detailed on this document as far as I can see. The form is difficult to read but the only charges mentioned appear to be for credit card cheques. From what I can read, they do look as though they could be from the correct period. The doc must be legible, if you cannot read it then it clearly is not legible. I would ask for a copy that is readable.

A question though, there are no prescribed terms on the front where my signature is, don't they have to be there and the others can be on the reverse? As said previously, this is all new to me so my grasp on this aspect of the cca may be wrong. I'll find you a link to a thread you can read about this.You are correct where you have read this but if you read what I link you to in a min. it will all become clear. Unfortunately lots of judges are happy for the all important prescribed terms to be on the back.

As for the DN, stupidly, I did not keep the envelope it came in but with two termination notices, hopefully this will not be an issue. Have a look at this thread... http://www.consumeractiongroup.co.uk/forum/legal-issues/165197-default-notice-re-issue.htmlThanks for all your help questioning, it is greatly appreciated.

 

I'll post the other link in a min.

By the way, if you have not already sent the card back, (I read in the letter they asked for the card to be returned) don't send it to them, instead cut it up and dispose of it yourself, best not to send it back to them.

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Hi,

If you read from here .. http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-731.html .from post 14602 ...

Then from post 14780 of the same thread here...http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-739.html#post2090640 you will get some good info, it would be worth your while reading here and all will become clearer.

This is a humungous thread. you can always search with in the thread as well.

 

Can you sse the prescribed terms on page 3, are they present?

  • Haha 1
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Once again, thank you for your help questioning and for putting in the effort to point me to those threads. It looks like I will have a lot of reading to do!

 

thanks for all your help.:)

 

Cheers

Edited by lifeafterdebt
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There you go,

your new thread has been answered by BRW, one of the authorities on DN's, IMO. and many others would think so too.

Along with the posts I linked you to from "x20" (an extremely top knowledgeable guy) you will receive all the ammo you need.

 

It would be quite an impossible task to read the cca thread, unless you have plenty of time on your hands, this is why I directed you to some relevant places to start, they are also recent postings so more up to date.

Remember you can search within a thread at the top, under "search this thread" obvious I know, but it surprising the number of people who miss this.

 

I would post your cca in the same thread as your default /terminations as this relates.

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Thanks questioning,

Bank holiday Monday tomorrow so will mix playing with the kids and reading up some of the threads. Have posted the CCA on the legal issues thread and will also post them up on the gigantic CCA one also. Really appreciate all your help and taking the time to answer my questions.

 

Cheers

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