Cap1 & CCA return

[out of cash]

hi all,

 

can anyone help with this cca request from barclay card is this a clear win situation for them when this goes to court as they are now waiting on my response in the small print has mention of by signing this application which i think is misleading date is illegible and no dates to sigs also barclaycard sig could have been signed by santa any help most appreciated they also sent crystal clear copy of further terms which do tie in with the agreement page this is from around late 70s to early 80s

 

best regards

 

out of cash

barclaycardcca.zip

[noomill060]

It refers to stuff overleaf, so its printed on both sides. I take it thay sent you a copy of what it says on the other side? If it has the Prescribed Terms and they are correct, its probably enforceable.

 

Its not like they sent you a copy of of an application form which cross references to a T&C booklet. It all there on two sides of the same document.

 

Sorry.

[kennyparkroad]

hi

 

can someone check out the agreement ive been sent

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/68316-need-major-help-what-9.html#post1080064

 

and also the "technical" points ive come up with?

 

thanks.

[Josie8]

hi

 

can someone check out the agreement ive been sent

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/68316-need-major-help-what-9.html#post1080064

 

and also the "technical" points ive come up with?

 

thanks.

 

What is the Auto redundancy (?) Charge for 625,20?

 

I'm having trouble seeing the actual figures and I want to run the APR check so could you print out the figures for A B D E & F please

[kennyparkroad]

sure, have done it on my thread.

 

but the rendundancy i signed on the advice of the AA i was young, didnt completely understand, and ended up paying for it.

 

i did lose my job but because i wasnt made "redundant" the cover did nothing for me.

 

Thanks

[reallymadwoman]

I have finally reached the end of this fascinating, but incredibly long, thread. I probably need to read it again and make a note of all the really useful post numbers, but then I would only be back to the beginning again to find that really really useful thing I remember reading, but now can't find. On the other hand I could just use 'search this thread' and hope for the best.

OK, so maybe I didn't read every single post, but my eyes definitely passed over all of them, and it has taken a very long time. My daughter has taken to asking what page I'm on now every time she passes through to raid the kitchen again (teen - that's what they're for).

Finally, to the point of this post. I admire absolutely every single person who has contributed to the debate on what must be every word and comma in the CCA never mind all the amendments since. If the banks and DCAs had even a few members of staff half as dedicated, they wouldn't be in the mess they're in now, shame!

I'm never likely to be in a position to contribute to the debate, but I will be checking in to keep up to date and if by some miracle of modern science a stray thought does pop into my head which may assist in any way, I'll certainly share it with you even if it's one that perhaps I should have kept to myself.

If anyone ever replies to any of my CCA requests I may even need to use some of your advice at some point.

Thanks for such an informative thread, and keep up the good work.

[andrew1]

see? ... you're not as mad as you make out!

[reallymadwoman]

But really mad about the way I've been treated by these so called respectable institutions - and all the people who are supposed to regulate them!

[reallymadwoman]

I've just remembered the reason I started reading this thread in the first place, and I'm pretty sure I didn't find an answer.

 

I have a loan which was taken out over the internet in 2002 or 2003 (most likely the latter) and I do not remember signing any actual agreement, nor do I have a copy of an agreement and I don't usually lose things like that (although it could be in that box in the loft, somewhere). I know the rules about internet applications changed (in 2004?) but as my loan predates this, should I have been sent a paper agreement to sign? Would an S.A.R - (Subject Access Request) show if a paper agreement was ever sent?

 

Also I must have given an email address, but of course it's changed several times since then and I haven't told them. Is this likely to cause a problem? Could they say information has been sent to my last notified email address?

 

Forgot to mention that I've already done a CCA request which is in default and goes over the extra 30 days on Monday.

[MoonHawk]

From the Information Commissioners Office's SUBJECT ACCESS – A GUIDE FOR DATA SUBJECTS:

The data controller has an obligation to provide the information in permanent form.

This means that the information may be sent as a computer print out, in a letter or on a form unless the supply of such a copy is not possible, would involve disproportionate effort, or you agree otherwise. So e-mail address is not relevant, they should send you hard copies of everything. What you should do if you are going to ask for a S.A.R - (Subject Access Request) is to make sure you confirm who you are so they don't delay things by asking. You can send them a copy of drivers license/passport and mention that they are already sending statements to your address and that is where you are asking the data should be sent, so a request for confirming who you are will not be acceptable.

 

The SAR should show you when the loan was started exactly, which means you can work out it's relation to the regulations.

 

It does not really matter if the records show if an agreement was sent out or not. What matters is if they can produce one to comply with your request under the CCA.

 

Best Wishes

MoonHawk

[reallymadwoman]

Thanks for that, MoonHawk.

 

I take it I am right in thinking I would have needed to sign a paper copy of the agreement as it definitely pre-dates the 2004 regs? See, I did read some of the posts!

[MoonHawk]

Thanks for that, MoonHawk.

 

I take it I am right in thinking I would have needed to sign a paper copy of the agreement as it definitely pre-dates the 2004 regs? See, I did read some of the posts!

You're welcome.

 

It depends on other factors. For instance if you have signed an application form with the prescribed terms on it. But if you have signed nothing at all then it looks like you are OK.

 

Best Wishes

MoonHawk

[Josie8]

From the Information Commissioners Office's SUBJECT ACCESS – A GUIDE FOR DATA SUBJECTS:

The data controller has an obligation to provide the information in permanent form.

This means that the information may be sent as a computer print out, in a letter or on a form unless the supply of such a copy is not possible, would involve disproportionate effort, or you agree otherwise. So e-mail address is not relevant, they should send you hard copies of everything. What you should do if you are going to ask for a S.A.R - (Subject Access Request) is to make sure you confirm who you are so they don't delay things by asking. You can send them a copy of drivers license/passport and mention that they are already sending statements to your address and that is where you are asking the data should be sent, so a request for confirming who you are will not be acceptable.

 

The S.A.R - (Subject Access Request) should show you when the loan was started exactly, which means you can work out it's relation to the regulations.

 

It does not really matter if the records show if an agreement was sent out or not. What matters is if they can produce one to comply with your request under the CCA.

 

Best Wishes

MoonHawk

 

 

If you check your CRA file the date the loan started will be shown there

[reallymadwoman]

Now why didn't I think of that? It was early 2003.

 

Sometimes I get so caught up in stuff it takes someone else to point out the obvious. Many thanks!

[Jeff2000]

Now why didn't I think of that? It was early 2003.

 

Sometimes I get so caught up in stuff it takes someone else to point out the obvious. Many thanks!

 

 

Hi,

 

 

I think that happens to us all!!!

 

 

Jeff.

[kennyparkroad]

yes we have ALL been there lol

[JonCris]

Reallymad. I strongly advise that you DON'T send anything as proof of ID that contains your signature. The reasons are obvious.

 

It may delay things but I would wait until they ask then send them a Utility Bill unless they have already been communicating with you in which case ask them why would they need to establish your ID at this late stage? & is it not just a ploy to delay compliance

 

Also no matter what tell them you consider the time for the to camply continues from the date of your original request

[MoonHawk]

I strongly advise that you DON'T send anything as proof of ID that contains your signature.

Good advice there now that I think about it.

 

Also no matter what tell them you consider the time for the to camply continues from the date of your original request

That can be debated and a pain. For those that like to delay things in this way and send statements/invoices to the account address I write:

Any submissions by yourselves that you are unable to authenticate the account is not acceptable, as you are sending invoices and statements to address that you have been asked to send the details to. If you are uncertain of the correctness of this address, then I am sure the Office of fair Trading would be interested to hear your reasons for continuing to send personal financial information to the address. Also I am sure that you are able to ascertain any previous addresses from the account number and name.

 

Best Wishes

MoonHawk

[monopoly23]

Hi everyone.

I originally CCA'd Vanquis on 30th May. They repiled after 32 days with a letter about default charges and offered me the difference between the new £12 charge and the £20 I'd been charged at.

 

I wrote back on 13th July telling them I had not made a SAR to them, that they were in default and that they'd committed an offence.

 

I received a response on 26th July, 48 days after my original request, containing the agreement but T&C's that apply currently, not the ones in force when the account was opened. I didn't receive a statement of account either.

 

I wrote back informing them of this on 7th August. I also mentioned the fact that they had been taking payments towards a repayment option plan every month, and it's not included in the agreement. The agreement states that you must call a representative to request to opt in to this plan and i know for a fact that I never have.

 

All this time they have still been sending me statements requesting the minimum payment, even though I have outlined in my letters that they are not entitled to. I have also received an 'Immediate action' letter an a 'Notice of Intended Action' letter just yesterday, stating that the account has been passed to their legal people and payment must be made within 14 days or action will be taken.

Since the account has been in default, they have added £85.44 to the balance just in interest, fees and charges.

 

I still have had no response to my latest letter which they received on the 9th.

 

Would anyone reccommend ringing the number of the representative dealing with my letters? I need to get them to put some kind of note on the system to stop all letters requesting payment until she has dispatched the correct required information.

[MoonHawk]

Hi monopoly,

 

A few questions before I can answer.

1) When was the account opened (I amm assuming it is a cc)

2) Does the agreement compy with the CCA (ie has all the prescribed terms)

3) Is the agreement signed by you?

4) Do you know how much you havbe paid so far towards the PPI

 

Best Wishes

MoonHawk

[reallymadwoman]

Reallymad. I strongly advise that you DON'T send anything as proof of ID that contains your signature. The reasons are obvious.

 

Actually, I can't as I have now reverted to my maiden name and I don't have any proof of identity in my married name! They have previously just accepted the change of name with no question and written to me under that name, so if they want proof of identity now, that will raise an awful lot of questions for someone!

 

Because of the change of name, I've felt secure enough to sign letters as any attempt at a cut and paste job would be so obvious.

[monopoly23]

Hi monopoly,

 

A few questions before I can answer.

1) When was the account opened (I amm assuming it is a cc)

2) Does the agreement compy with the CCA (ie has all the prescribed terms)

3) Is the agreement signed by you?

4) Do you know how much you havbe paid so far towards the PPI

 

Best Wishes

MoonHawk

 

Hi MoonHawk

 

1) The account was opened in July 2005 and yes, it's a credit card

2) As far as I can tell the agreement is legit. I don't have a scanner so I cant post it up. Im not too sure about the interest rates and APR though

3) The agreement is signed by myself, but where Vanquis' signature should go, it just says 'FOR VANQUIS USE ONLY' on the line and they haven't dated it.

4) I don't have a clue how much has been paid towards the PPI so far. In the last letter I sent I also included a SAR and a £10 cheque. I requested all information of PPI, fees and charges on the account, plus proof that I had requested PPI.

 

The agreement itself looks like a mailer that you sometimes get randomly posted to you. The name and address is on there already, which I assume was originally in the window box of the envelope it came in. It then asks for DoB, address plus previous address if less than 3 years at the first, employment status, annual income and contact numbers.

 

The APR is charged in relation to the initial credit limit which ranges from £150 at 59.9% :o to £2000 at 21.7%. It says that it will vary depending on the base rate.

I don't even know what the initial limit was, but I know that I'm paying purchase interest at 46.780% per year and cash interest at 47.890% per year. This doesn't match any amounts on the agreement though.

[MoonHawk]

Thanks monopoly.

 

It sounds like an application form doubling up as an agreement, the trouble with whoch has been debated many times on this thread.

 

Does it contain the following prescribed terms:

1) Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

2) Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

3) Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

 

If all these are there then a judge could still decide to enforce the agreement UNLESS you did not get a cancellation notice. For this wait for the S.A.R - (Subject Access Request) reponse. If the SAR does not include any details of a notice being sent to you. If not then the judge can not enforce it under section 127(4).

 

Your 47% falles between the 59.9% and 21.7% :-|

 

Best Wishes

MoonHawk

[wakieblue]

Sorry to hijack, but HELP!!! I'm having problems with Crapquest / H L Legal Solicitors. I need some good advice on where I can go from here.

 

I have an Egg card, which I got into difficulties in repaying. I contacted Egg and asked if I could pay them a lower amount and also if they could freeze the interest. They refused both requests.

 

The next thing I heard was a phone call from 'Capquest', who I had never heard of. They asked me to confirm a few things which I refused to do as I didn't know who they were. They said 'Didn't you get any of our letters?' to which I replied 'no - I've no idea who you are and am not giving you any personal information'. They hung up. Next day I received an LBA from Crapquest. Unfortunately, I didn't know my rights and, desparate to avoid being taken to court, I phoned them. I finished up paying £100 which I couldn't really afford to do, but I felt so pressured that I didn't feel that I could pay them any less.

 

The following day, out of interest, I googled Capquest and guess what - found loads of posts on different forums about the hassle other people were having with them. I felt better that I wasn't alone but wished I'd done it before phoning them. I then sent them a 'prove it' letter, asking for a copy of my credit agreement and a deed of assignment on 8th June. They replied with their standard 'account on hold for 28 days' letter which was dated 13th June.

 

On 11th July I received a SOR, which I hadn't asked for. I wrote back to them on 16th July enclosing my original letter, stating that the contents still applied. They replied to this on 19th July with a copy of their Complaints Handling Leaflet, stating that the account was now on hold and an investigation into my complaint would be carried out.

 

I then received another letter dated 20th July stating that they are 'acting on behalf of Egg Banking and have not purchased this account, therefore a Deed of Assignment is not available'. They also state that 'a copy Agreement was sent on 19th June and copy statement forwarded on 25th June'. However, they have asked Egg to send further copies to me and confirmed that my account would remain on hold for 28 days whilst 'we resolve this issue'.

 

I've received nothing more from 'Crapquest' or Egg on this matter, until I received a 'Notice of Doorstep Agent Visit' letter on Tuesday (dated 10th August) from H L Legal in association with Sampson & Co. The letter states 'please be advised that our client is now making arrangements for its door step recovery agents Scottcall Limited to visit you due to non-payment / compliance. The doorstep agent is instructed to collect the amount due and to compile a property / asset report to assist in any possible future legal action.'

 

Surely Crapquest must have some sort of paperwork which confirms they have been appointed to collect my account on behalf of Egg. All I have received is a SOR, which is not what I asked for. Should there still be some sort of agreement between Egg and Crapquest that they have to produce? Also, where to H L Legal fit in? Is their letter genuine?

 

The other point is that I have checked my credit report and the entry for my Egg card states '... the credit agreement has ended.' What does this mean as regards my relationship with Egg / Crapquest / H L Legal?

 

Sorry for the length of this post but I wanted to give the full picture. Please Help - I'm not sure where to go now.

[wakieblue]

In addition to the above, the address for contacting H L Legal is in very small writing at the very bottom of the page - I almost missed it because it was so small! There is a telephone number to call that is shown in clear bold writing, but I won't be doing that. At the bottom of the letter, again in bold writing, it states 'All communications must be sent direct to CapQuest Debt Recovery' and gives their address!