Cap1 & CCA return

[maybelline]

thanks noomy, but it was a play on words, bad attempt at humour, thanks for the excellent explanations though :)

[Stornoway]

Any chance someone could check my egg loan agreement for validity for me ?

 

Much appreciated !

 

http://www.consumeractiongroup.co.uk/forum/general-debt/111686-help-egg-loan-enforceable.html#post1093239

[maybelline]

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/108949-short-warning-thread.html?highlight=a+short+warning

 

couldnt open those, but see this also, there is another discussion thread on this also.

[un1boy]

Have you seen what the Information Commissioners Office are saying?:

 

Therefore there is no requirement for xxx to send you a copy of the original agreement. They may simply send you a copy of the terms and conditions of the agreement. Further to this, sections 77 and 78 of the CCA do not apply once the agreement has ended; therefore a creditor does not have to supply you with a copy of the agreement if the credit has been repaid

 

and

 

In view of the above it is unlikely that we would take any action against xxx for failing to keep a copy of the original default notices or provide you with copies of your credit agreements. We would of course expect them to have accurate and up to date records about your account history which would enable them to demonstrate why the default was recorded.

[Josie8]

Have you seen what the Information Commissioners Office are saying?:

 

 

 

and

 

[/font]

 

Write and ask them to quote the statute that says the creditor doesn't have to comply and copy letter to your MP

[patrickq1]

this is a scandal on a massive scale . i have sent a query to brussels and asking can they clarify that this is acceptable behaviour from the brittish goverment ,they are going at it as fast as they can,before i think the october deadline and i think this also concerns the statute of limitations,i lost a lot of my data last night dammed mad cause i had all the files on the ICO ,read the front page of the ICO web site you will find some really intresting bits in thier ...what is going on i shall also write to the various departments of the home office to try and get some response as to what are the ICO upto,the DATA PROTECTION ACT no longer affords us security in fact the ICO are chipping away at the cornerstones of the whole DPA and for what purpose ,who is directing all this because it has only begun in the last 8/10 weeks..

[lookinforinfo]

The ICO are perfectly correct in saying that where a debt has been repaid

the creditor does not need to supply a copy of the original agreement. It is

included in S77 [3a].

[patrickq1]

GNN - Government News Network

[JonCris]

The OC should keep docs for a period of 6 years at least after the conclusion of the agreement otherwise if sued within 6 years they will not have any evidence to dispute said claim.

 

In otherwords if they don't produce an agreement & claim they have disposed of it then that's their problem. If you are disputing the account you can argue that without a properly executed 'signed' agreemnt they have no claim an argument which the court must support.

[patrickq1]

Department for Constitutional Affairs -

I THOUGHT THIS MAY BE OF INTREST UNI I AM TOO TIRED TO READ AT MOMENT

[johnny_alpha]

Hi all-could I have opinions on this pesky 'application form' I believe is masquerading as an agreeement (because it uses the word -but does not comply with section 78!)

 

I need to have this thrown out in court shortly- thanks in advance!

 

[out of cash]

has no perscribed terms etc ask them why they think application form is an agreement

[dpick]

If they are going to take you to court with this as an agreement god help them.

 

all the best dpick:D

[shooter001]

I had a talk with trading standards yesterday regarding my dispute with Thames Credit. trading standards said one of my original agreements may not be properly executed as i signed for the finance at a currys store which they had to forward to the finance company, hence it becomes a cancellable agreement.

 

She said the finance company should have then signed it and forwarded a copy to me in the post, and if there was no evidence of this and i say i didnt receive it then its unenforceable.

 

Also I was thinking if you recieve a copy of an agreement that isnt executed because they havent signed for it yet, but they could just do it a year later, then if its a cancelable agreement and they sign it later then you havent received your cancelation rights thus it could never be enforceable?

[Maggiebroom]

I need some advice Re Trading Standards

 

I have just had a letter from my local TS who wrote to Capital One on my behalf regarding telephone harassment. I have a dispute with Cap One about CCA agreements which I claim are not kosher.

 

TS wrote to Capital One and said that they had complied with the Act by supplying a copy of my APPLICATION and also sending CURRENT terms & conditions.

 

I am sure this is incorrect and need some confirmation from you experts before I write back to them telling them the real facts of life. Could someone look at my thread for me. The application is in post #28 and the thread is in the PPI Section and is called Capital One (Cap one). I don't know how to make the link but I desperately need some advice on this, as I am worried now that because of TS's letter Capital One will dig their heels in as TS have told them they are correct.

 

I am spitting feathers and need help from you excellent people.

 

maggiebroom.

[maybelline]

sorry to hear this maggiebroom, I had no luck with TS either over the phone, in the end I decided to go with the info provided here that seemed correct to me, I am of course aware of 'wishful thinking' and all that and you are right to be cautious before getting into a legal dispute, however, personally, I have put together a letter challeging my unenforceable agreement (not an application form but lacking prescribed terms) and wait to see what their argument is as to its enforceability, it is after all for them to prove the debt, do look at the warning thread and Agreement Enforceability. we all know their is some variation in interpretation of various acts so it is not so cut and dried, I thought the law was the law but it is more complicated than that, I have no legal training and better minds I am sure will jump in and help, best wishes.

[Maggiebroom]

I am so annoyed that Trading Standards have written this to this accursed company (capital One).

 

On the one hand I am insisting that I am right and that the agreement/application is invalid and then some stupid person at TS tells Capital One that they are right, when I am more or less certain that I have them by the short and curlies.

 

Now my fight will be even harder. I just wish they would take it to court if they are so sure they are in the right.

 

Oh Well, I now have to undo the harm that TS have done.

 

maggiebroom

[shooter001]

I have just received my Crapital One CCA request today after they committed an offence. I have posted a lin kto the copy below.

 

http://i202.photobucket.com/albums/aa43/shooter8777/capitalonetermsandconditionsjpg.jpg

 

Is this what you have received also? It has my name on this print out but It has no signatures or anything. I believe its just been freshley printed to try and fobb me off. Either they think im stupid or the executive office manager is stupid.

 

In the letter he states;

 

"You requested copies of the executed credit agreement and a statement of your account under sections 78 of the consumer credit act 1974.

 

Please find enclosed a copy of the current terms and conditions of your agreement in compliance with section 78 of the consumer credit act 1974."

[patrickq1]

after pages and pages of harrassment to maggie poor soull i had a though could,she ask for an asbo order against the DCAs

just a thought

Acceptable behaviour contracts working to tackle Anti-Social behaviour

[Maggiebroom]

Hi Shooter

 

That looks like a copy of terms and conditions to me, it is certainly not an agreement there is nothing on it. No names or prescribed terms or anything.

 

Send them a non compliance letter and demand a proper agreement.

 

maggiebroom

[maybelline]

BBC NEWS | Business | Judge calls halt to bank charges

[patrickq1]

shame you cant find your MPs phone number then tell cap one you have changed numbers see how the MP likes it.be as cunning as them

[Maggiebroom]

shame you cant find your MPs phone number then tell cap one you have changed numbers see how the MP likes it.be as cunning as them

 

I can do better than that. We are on first name terms with our local MP as my hubby has done work with her in the Borough.

 

We shall be in touch with her on Tuesday, if not before.

 

maggiebroom

[shooter001]

Hi Shooter

 

That looks like a copy of terms and conditions to me, it is certainly not an agreement there is nothing on it. No names or prescribed terms or anything.

 

Send them a non compliance letter and demand a proper agreement.

 

maggiebroom

 

hi Maggie I have already sent them a non compliance letter asking them to zero my balance as they have no agreement. the terms and conditions they sent me are as a result, anyhow trading standards is already investigating this but hasnt got a copy of the most recent attempt to comply with the act.

 

I told trading standard I am happy to start proceedings as I have done everything to resolve this and by issuing unsigned terms and conditions in my opinion is them just trying to buy more time or string me along. I think a judge would see that i have done my part by issuing them a non compliance letter with the additional 14 days i gave them which has now passed.

 

 

regards

 

craig

[TideTurner]

Johnny,

 

Where you have received a document which has blanks, you are entitled to make an application under Part 18 of the Civil Procedure Rules for a full copy of the document and Part 31.9 provides

 

31.9 (1)A party need not disclose more than one copy of a document.

(2)A copy of a document that contains a modification, obliteration or other marking or feature –

(a)on which a party intends to rely; or

(b)which adversely affects his own case or another party’s case or supports another party’s case;

 

shall be treated as a separate document.

 

(Rule 31.4 sets out the meaning of a copy of a document)

 

 

You can therefore make an application for a full copy of any document which has been altered, amended or has in part been obliterated.

 

Tide