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Hello Everyone. I am new to this forum game but can someone please help me to discern if these two CCA's are enforcable?

 

Each has the required signatures, although the agent is the witness in both cases.

 

The first CCA: Credit £500

Charge for Credit £310

Total Amount Payable £810

 

54 weeks at £15 per week. APR 170.7

 

No mention of interest on the CCA.

 

The second CCA: Credit £500

Charge for Credit £325

Total Amount Payable £825

 

55 weeks at £15 per week. APR 177.0

 

No mention of interest on the CCA.

 

Sorry for not posting the CCA,s but I didn't think that it would be needed as all the information is written above.

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I think it would be helpful to post them up minus personal details if you could. Helps to gauge exactly what format they are in and compare them to others that have been posted up.

Along with application date and type of account (credit card or Loan etc).

 

Sounds like you have a lot of info on them that could make them compliant but im sure others will be by to offer opinions once they can be seen...

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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i'm afraid i used to work for this company, and although i'm not sharpist on the credit agreement side of things, the total charge for credit is the interest which you are charged if you take the loan and pay it back over the number of week stated. (in the small print it says about being able to settle early and pay less interest etc) it should also somewhere give you some example of how much it would cost to settle early.

 

They are very picky over the credit agreements at provi, if anything was remotely wrong we got an ass kicking! Has everything been signed and dated? additionally how long ago did you sign these? If it was after 2007 ish you should have been visited 24 hours before any credit agreement was even written out. If this wasnt carried out then you can report them (they can loose there credit licence) and the CCA are possible non-enforceable.

 

I think i gave back or binned all the blank credit agreements but if i find one i'll go over it with a tooth comb for anything you could use!

Please sign this petition - Asking for the government to drop the length of time credit ref agencies can hold data on us!!

 

http://petitions.number10.gov.uk/CreditRA/

 

:smile::p:rolleyes:

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if you want to take out your person details and send me a copy across i'll have a good luck and see if the old trained eye can pick anything out that has been missed! (pm me if at first i dont reply!)

Please sign this petition - Asking for the government to drop the length of time credit ref agencies can hold data on us!!

 

http://petitions.number10.gov.uk/CreditRA/

 

:smile::p:rolleyes:

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if you want to take out your person details and send me a copy across i'll have a good luck and see if the old trained eye can pick anything out that has been missed! (pm me if at first i dont reply!)

 

 

Have you got a scanner etc? take a copy and block out your person data and attach it to this thread is prob the best bet you can get advice and opinions from several people in the know rather than just my basic knowledge.

 

contact the site team if your having problems and they will help you with the attaching!

Please sign this petition - Asking for the government to drop the length of time credit ref agencies can hold data on us!!

 

http://petitions.number10.gov.uk/CreditRA/

 

:smile::p:rolleyes:

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If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here we'll be able to see them.

 

Left click the 'choose' button & a seperate window will open, choose which file you want to upload and left click 'open', the window will close then left click 'upload now' button. Your document will upload to tiny pic & the page will refresh giving a list of links. Just copy & paste the Url link back here & we'll be able to see it.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Bit on the small side i'm afraid.. can you increase the size.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Sorry about the small scans... I have tried to enlarge them although due to the poor quality of the original photocopy they are still very blurred.

 

The main reasons behind my post might not involve posting the CCA's. I was really seeking clarification on the following. Please note that the loans were both 'handy cash' loans:

 

1. As the CCA's are both pre 2002 do they have to state the interest total/percentage seperatly as part of the CCA prescribed terms?

 

2. Can the agent also be the witness?

 

3. Does anyone know if the APR given earlier is correct?

 

Hope that this is enough info for you all :)

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  • 6 months later...

This topic has probably been covered before but can anyone provide a quick answer please. Cabot have just bought a debt of my wifes from Vanquis, who do we SAR with the ultimate aim of getting the charges removed?

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  • 3 months later...

Hello. My wife had a debt with Vanquis. A CCA request was sent to 1st Credit, who were acting on the behalf of Vanquis, they put the account on hold. While waiting for a reply from 1st Credit, CARS DCA starting asking for money. To cut a long story short, we eventually got some 'generic terms & conditions', nothing enforceable without a court order, by complaining to the FOS.

 

The debt has since been sold to Cabot. They have accepted a pro rata offer, but keep adding interest even though we have asked them not to. They state that they can charge interest at an equivalent rate under the original agreement. Basically, the pro rata payments are not covering the interest.

 

Any advice? The debt is post April 2007.

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if you know that they have an unenforceable agreement tell em to go to hell..this is typical cabot...they did same to myself in the end i stopped paying and they havent had a dime for getting on 3 years now...told em to take me to court to determine enforceability..they declined...game over...tell em no more money...if you are determined to clear the debt then insist that these interest payments..to which they have no right are gone including the amount they have added over time... or they get nought

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No agreement =No debt and Cabot are telling you porky pies, which is their speciality. They bought this for pence and are trying to extract the money from you unlawfully. Tell them to Foxtrot Oscar then ignore them.

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SEND EM THIS this account should never have been sold on by 1st crud if the account was already in default due to unenforceable cca

 

Xx

Xx

Date

Agreement number

Dear sir/madam

I do not acknowledge any debt to your company

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreement request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

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  • 2 weeks later...

Thanks for the help everyone. We received a letter stating that they are adding interest based upon the 'original agreement'. This was strange as we know that there is no original areement. We had a battle with Vanquis last year, even managed to get the FOS to write to them, and all they could produce was some generic terms & conditions.

 

What we have done is a new CCA request to Cabot, stating that they are quoting an 'original agreement', and guess what? They don't have one in their possession, and they have to contact the OC to get one. Which in turn they will never be able to produce because it doesn't exist, although the letters they have sent do prove that they are being deceptive.

 

Have to wait out now and see what happens :D

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cabot always add interest to accounts..they even do it when you are paying them...its the reason i found my way to this site...there greed knows no bounds....its getting on 3 years since i paid them a penny..and have told them for past 2 and half years...if you want paying put agreement before the court cos till you do you aint getting nothing....they decline..keep at em pay em nothing...until and if they produce the original agreement

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Cabot can all the interest they like. It is unlawful for them to do so and there is no chance of them ever being paid it. They bought 4 accounts of mine and I never paid them a penny. Enjoy the fact that that it is costing them staff wages and the cost of letters, which is money right down the drain.:D

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