what should I do now - if anything

[Dotty50]

Coke's good, I like a drop of Bacardi in it.

 

Even if the agreement is enforceable, yes Flooz you can still put a claim in for the unlawful charges or PPI, if you can convince them it was mis-sold.

 

Have a read through the success thread, it might give you the incentive to carry on with it, you have nothing to lose and could get your balance reduced, which will help.

[flooz]

there was no PPI

[Laura Cooke]

My tipple Dotty Bacardi & Coke however very rare I get chance to have one as I`m taxi for hubbie and son:(

[flooz]

I occasionally like a black russian or vodka and tonic, but right now I'm enjoying a nice cup of tea!!

 

Am trying to find the enthusiam to go through the success threads - again. To try and find a glimmer of hope ............

[Dotty50]

Are there any historic charges you can go for?

 

Don't forget if it ever got to court they would have to produce the original so you could just sit tight and see what, if anything happens.

 

They do seem to be 'wising up' on what they send out, I have just had 14 pages of different T & C's for my OH's Cap1 CC which is from 1998.

 

They have produced what they claim are the Original T & C's but they are over 4 (a4) sheets of paper so it would have been impossible that they could have been on the reverse!

[flooz]

I'm at a total loss Dotty, I'm sitting here in despair really. I find it hard to believe that they have suddenly produced a signature document with the T&C's on the reverse, when previously they haven't managed to do this, but there again, maybe they see their delays as a way of adding late payment charges to the account while people sit and wait. I suspect many people will at this point, just pay up.

 

Trying to find the actual details of threads against Cap1, with all the info, rather than just a short post saying 'won, xyz amount against Cap1. Somewhere I've got the list of what an agreement needs to have to make it fully enforceable, but haven't found it yet.

 

I honestly, simply, do not know what to do or how to do it

 

Maybe I should take up drinking ;-)

[Dotty50]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html#post1005260

 

Don't despair Flooz, that's exactly what they intend.

[flooz]

Thanks for the link Dotty, I shall read through it later.

 

Where's all the experts when you need them? lol

[flooz]

Hmmm, being reading some more cap one threads (blimey, there's a lot, lol) and am beginning to think there's more than a possibility of what I've received under the guise of a CCA, is the application form, copied with T&C's on the back, to make it appear that it complies. I guess there's no way of proving or disproving this, except a visit to their offices? Has anyone actually done this? And if so, what was the outcome?

 

Apart from that, I'm going to go through what I can with a fine tooth comb (although much is illegible [too small] which also gives me concerns).

 

Other than that, has anyone out there any other opinions on what has been sent to me?

 

Many thanks

[Dotty50]

I think Sunflower has asked to visit but they haven't sent her an invite yet!

 

If it's illegible then that's a good start

[flooz]

It's partly illegible because of being a copy, when you photocopy something, it's distorted by a small percentage, hence copy after copy of copy, something becomes illegible. But have they got an original, that's the 64,000$ question I guess. :-S

[Dotty50]

Well there is nothing stopping you asking them exactly that question, they are not meant to mislead!

[Laura Cooke]

If it`s not legible it`s not enforceable you have to be able to read it easily without a magnifying glass I can only see mine with one off MBNA

[gezwee]

Hi Flooz

 

In all honesty if it went in front of a DJ you'd have one hell of an argument on your hands. All prescribed terms appear to be there (even on the poor copy they've presented) and it is executed with both signatures. Whether the front page goes with the back is of course another matter entirely.

 

Can't remember how much the balance was/is but I'd be inclined to start the process of covering your a**e by claiming back any charges on the account + CI to reduce the balance to the minimum possible.

 

Shout if you get stuck and I'll send you the link to a couple of templates and calculators to get you started.

 

Has this been defaulted and/or terminated yet....... assuming not if they're still applying interest?

 

Best wishes

 

Gez

[flooz]

Would appreciate your help Gez. But I'm confused, if the agreement IS executed correctly (even without a credit limit) how do I have the right to claim back any charges? I'm assuming you mean through the term of the account.

 

I believe I've got a good case to argue for the charges they've added in the last 6 months, as I've been in regular contact with them, and wrote putting the account in dispute on more than one occasion as they weren't playing ball in sending information. But I don't understand why I can claim back previous charges. Can you enlighten me?

 

Forgot to say, default notice issued in March, I believe, although I'm not sure whether it's been terminated.

Edited May 1, 2010 by flooz
additional information

[gezwee]

Would appreciate your help Gez. But I'm confused, if the agreement IS executed correctly (even without a credit limit) how do I have the right to claim back any charges? I'm assuming you mean through the term of the account.

 

I believe I've got a good case to argue for the charges they've added in the last 6 months, as I've been in regular contact with them, and wrote putting the account in dispute on more than one occasion as they weren't playing ball in sending information. But I don't understand why I can claim back previous charges. Can you enlighten me?

 

Forgot to say, default notice issued in March, I believe, although I'm not sure whether it's been terminated.

 

Hi Flooz

 

Sorry, read something that wasnt there - flicking between threads again when posting!! - you're right theres no credit limit..... not enforceable if this is all they have - oops

 

Anyway, charges....... all should be regarded as penalty charges and all are recoverable (after a fight)

 

Templates and calculators are here The Consumer Forums - Bank charges templates (consumer)

 

Gez

[flooz]

Thank you Gez, I wasn't sure if that was the case or not, but....

 

I'm drafting a letter as we speak, I think I shall point out my concerns over the sudden appearance of an agreement with T&C's anyway, and then go on to point out about the lack of a credit limit. They've also increased the credit limit from time to time, without request, and I've a vague feeling that I've read somewhere this is also against the rules.

 

I shall look through the templates, and pick the appropriate pieces (hopefully) and post the letter once completed, before posting it off.

 

I appreciate your help. Many thanks.

[flooz]

This is what I've got so far.... It's rough, and I'm happy to receive comments....

 

Quote...

 

Thank you for eventually sending the information requested.

I am concerned, however, by the sudden ‘appearance’ of what you declare to be a true copy of the credit agreement, when on several previous occasions, you have failed to provide such. I am wondering whether the terms and conditions, that now appear on the reverse of the copy credit agreement (or application form) are indeed a ‘true copy’. I would therefore like to send a representative to your offices to inspect the original document. Please let me know when this would be convenient.

 

Regardless of the above, the supposed credit agreement is not complete, indeed the Consumer Credit Act includes in its definition of ‘prescribed terms’ that a credit card agreement must include the credit limit – this is sadly lacking on the ‘agreement’ you have provided.

 

To this end, it is my belief that this agreement is definitely unenforceable, and in that regard, any charges and interest added to the account are unlawful! (is that correct to say?) Further, despite my writing on several occasions that the account is in dispute, you have continued to add charges and interest.

 

You will see from the enclosed schedule the total of these charges and interest is £..... It is only right and proper that this amount be deducted from the balance on the account. Once I receive written confirmation that these charges have been withdrawn, the balance of the account will be paid in full, and you must inform the relevant credit agencies of such.

 

I look forward to your timely response, in order that this situation can be brought to a satisfactory conclusion as quickly as possible.

 

end quote.....

 

now, another question. i've looked at the spreadsheets, both links (bank and credit card) appear to go to the same spreadsheet (unless I've missed something), is that correct? Also, I've read somewhere, and unfortunately I've read so much that I don't know where, that if I use 8% interest, the CC company will know I've not got a clue, and I will definitely fail. So, do we use the interest rate the CC company is using? Should this appear on my statements?? How do I change the spreadsheet calculation to reflect this?

 

Sorry, if I'm asking too many questions, but I'm very eager to get this dealt with asap and am hoping that by offering to pay the reduced balance in full, Cap1 will respond a little quicker in an effort to getting their hand on my money!

 

Now, I may take Dotty's previous advice, and pour myself a large one!

OK, since posting this, I've read more threads. I think i'm right in saying that I can only claim penalty charges - well, this amount to a whopping £40 (ignoring the recent penalty charges). So, perhaps that's not going to help much.

I'm re-thinking my stance. How credible would it be to point out to Cap1 that as the agreement ISN'T enforceable, they would be better negotiating with me for a reduced settlement? Althought I've got to convince them to admit it.

I've got in mind 50% of the debt. Apologies to any moral people reading, but I simply cannot afford to pay the full balance any longer, circumstances change and all that.

Any suggestions?

Edited May 1, 2010 by flooz

[flooz]

Anyone able to assist me further please??

 

I've read so much on various sites, and it's become a complete muddle.

 

I saw something about an unenforceable agreement being provided, so therefore, Cap1 haven't complied with the original request under whatever section of the CC Act which requires a copy of 'the fully executed enforceable agreement' or words to that effect. Is that relevant?

 

Without a properly executed agreement, is it feasible for my attempting to claim back INTEREST and CHARGES, in an attempt to reduce the balance? If it is, what do I need to quote?

 

If all the above is correct, and assuming the sums work out for my being able to settle the reduced balance in full, I wish also to have Cap1 clean up entries made against me with the credit reference agencies. Can i do this, and again, what do I need to quote?

 

Please, any help is very much appreciated, I'm just now totally confused. :-s

Edited May 3, 2010 by flooz

[Laura Cooke]

Hope someone comes along Flooz don`t think any of my agreements have acredit limit just got we`ll decide a credit limit thought that is good enough on a application/credit card agreement I don`t grasp all the points but don`t think I`m on my own

[flooz]

I know the feeling Laura - i'm beginning to feel out of my depth, and that's unusual for me.

 

I.e. I'm going through the list of charges on the account at the moment, and am finding each month, there 3 interest payments, no doubt different %'s, but its just confusing me :eek:

 

Really hope someone comes along to help and hold my hand

[Craigbadger]

I know the feeling Laura - i'm beginning to feel out of my depth, and that's unusual for me.

 

I.e. I'm going through the list of charges on the account at the moment, and am finding each month, there 3 interest payments, no doubt different %'s, but its just confusing me :eek:

 

Really hope someone comes along to help and hold my hand

 

Aha I can help with that 1, thatll be Purchase / Balance transfer / Cash interest cant be sure in what order though. Charges are added at purchase rate I think then compounded(google). Its flaming complex and it may be worth asking elsewhere.

I was advised to charge my current rate on the ppi reclaim. Might be worth trying 1 of the main forums and I think theres some good info on the ppi forum about contractual interest, presume its the same concept.

 

Usually cash is the higher interest, purchase the middle and balance transfer the lowest.

[Laura Cooke]

Flooz pleased someone else feels the same as me don`t understand a great deal at all how do you work out the interest charged on penalty charges? as the interest added is on the whole balance owed how do you calculate the percentage being charged on the penalty charges of £12 a month so confusing a few of my creditors still carried on adding interest that`s why when I made payments monthly on dmp plan balance was going up not coming down so cancelled dmp paying no one nothing as got nothing to offer on benefits, rent our home, credit shot

 

Hang in there flooz:)

[Dotty50]

Hi Flooz,

 

I worked mine out with the contractual interest but really had a mental block before doing it. I think I have some guidelines on my cap1 ppi thread from emmtay which helped me a lot and the links to the calculators are there as well.

 

Let me know exactly what you need and I will try and help

[Laura Cooke]

Nice one Dotty read your letters hope someone comes along and advises