Is This A Valid CCA? They Say Yes - I Say No

[diddydicky]

ok

 

it is a pre contractual application form

 

it is not headed CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

 

It does not contain, between the heading and the signature boxes the prescribed terms of the contract and other essential information

 

i cannot see the print in the bottom as to if it refers to any terms and conditions overleaf or attached

 

the prescribed terms must be CONTAINED within the signature document

 

The Whole of the terms and conditions must be EMBODIED within it 9this could include attached to it)

 

i think you already worked out that terms are referred to and are not there

 

you must have been supplied with a copy of the signed agreement within 7 days of signing the agreement

 

all in all this is almost certain to be a naff agreement (why else would they sell it for peanuts?)

 

Dont worry about what you admitted or offered over the phone- you were undoubtedly pressured and out of your depth and now know what you did not know before

 

it would be small claims which would mean that they cannot load costs onto you

 

i personally would write and state that having taken advice you are more than confident that the agreement is not a legally enforceable agreement , however in order to rid yourself of the nuisance value you will offer £250 in full and final settlement of the matter failing which you intend to defend any action that may be brought against you

 

but the choice is yours

 

you will get plenty of help to defend it on this forum

 

i doubt that you will get the adverse removed - you cant have your cake and eat it

[diddydicky]

if you wanted to make an offer now it would not hurt but i would be brief and to the point

 

no need to mention any of the reasons- just that you are satisfied that they do not have a properly executed and/or legally enforceable credit card agreement

 

as you say i would be inclined to wait for the SAR to come back

 

why hurry!

[diddydicky]

its about time the forum charged for membership in my opinion- a fiver for a years membership would be reasonable and apart from keeping the site afloat would have added benefits

[diddydicky]

no big issue for me particularly- but i would just ask whether no site (due to it not being able to finance itself) would be better than paying a fiver for a years advice and having a site

 

seems to me that if a lawyer offered free advice for a year for a fiver he would be swamped with takers.

 

a fiver would buy you a sandwhich and a coke at the services or a burger meal at Burger king!!

 

most people will waste a fiver (even those in financial difficulties) without even blinking- however 100,000 x a fiver would keep a site like this well afloat (i would imagine)

[diddydicky]

i dont think anyone is seriously suggesting the site will become a subscription site- it was ajust a point someone raised

 

and with the greatest of respect ( my debts are much bigger than yours) i would suggest that most folk who can afford a computer and the internet can probably scrape up a fiver! after all we are talking less than 2p per day - (14p per week). most folk on here often send 10 quid off for a SAR or send recorded delivery letters at 2 quid a throw!

 

 

 

if i were REALLY skint- if i couldnt find anything to flog for a fiver i'd cut a fiver out of the weekly food shopping and live on egg and chips for a few days if it meant getting such valuable advice to deal with my debts

 

The problem with a site such as this would be that if it IS underfunded and something untoward happens- it wouldl probably dissapear without warning and you wouldnt then then be able to save it

Edited June 18, 2010 by diddydicky

[diddydicky]

i wouldnt "go anywhere"

 

let them sue you on this as an original agreement and see where it gets them!

[diddydicky]

Hi Diddy

 

That's what I was sort of thinking, do I communicate that or just leave them to it now?

 

personally id just sit back and see what happens

[diddydicky]

i wouldn't advise initiating action against them

[diddydicky]

Not for the CCA Diddy, the charges etc

 

CQ can initiate against me if they want re the CCA and then I could counterclaim for the charges?

 

if you claim then the burden of proof is on you and it could be expensive

 

much better (IMO) to have the information ready and then deduct it from their claim in any pre action correspondence and./or counterclaim

[diddydicky]

well i stress it is only MY opinion- if you have had previous experience and success well you must go with your own instincts

 

when i can wait until a creditor starts and action and i can then wrest control of it away from him - i cant personally see the point

 

i would have thought that at the time of starting an action against you- the creditor is much more likely than he is now, - to refund any charges- so as to increase his chances of success/decrease the chances of his action being struck out

 

good luck whichever way you decide to go

[diddydicky]

F & F ssettlements with the creditor removing adverse credit is as rare as hens teeth

 

F & F in itself is a good result in most cases and you should be prepared to put up wtih the adverse credit for 6 years

 

the finance companies long since agreed between themselves that they would just be shooting each other in the foot by removing adverse as part of settlements (unless there was a legal reason to do so)

[diddydicky]

absolutely no harm in trying- i was more concerned with warning of the actual likely outcome and being prepared to be stuck with adverse

[diddydicky]

sorry i missed the fact that your claim exceeded theirs- so i would just carry on as you were- dont bother waiting for them to proceed against you

[diddydicky]

how much are you claiming?

[diddydicky]

Hi Diddy

 

The amount including charges, compouded interest and then stat interest is approx £4.7k

 

then it will be small claims and no need to worry about heavy costs from the other side- keep it below £5000 and simple

[diddydicky]

In Small Claims I don't think I would be liable to costs?

 

I offered Cap One to settle for approx £4k if they did within 10 days of the LBA but so far not a sausage from them.

 

I do know that Cap One would offset any arrears with CapQuest before I got any money from them, of which I am happy to do, thta was what I have offered them in the reduced without prejudice offer in the LBA I sent.

 

 

without prejudice i hope!