Cap1 & CCA return

[andrew1]

HI A

 

I think that unfortunately you will be bound by the terms of the new agreement you signed.

were you given the statutory cooling off period as per section 58 prior to the agreement being executed if not then perhaps you could use this to argue that this was not infact a new agreement,maybee?

 

Regards

Peter

 

Yes maybe, but I wasn't getting my CRA reports at that time and I only noticed it way after that period.

[gamequeen88]

i hope it's true, i have 4 already.

[the main man]

i hope it's true, i have 4 already.

 

Random messages??

[patrickq1]

THE REPUGNANT RULE, IMO an application that would involve a construction of waiver to a rule of law,FOIa ,THE DATA PROTECTION ACT it is clearly inconsistent with the manifest intent of the lawmaking body and to subvert the HAMAN RIGHTS CHARTER or repugnant to the context of the same rule of law Indeed using their argument, it is debatable whether processing during the lifetime of the contract even,could be classed as fair [[ie it is unlawful]and therefore should not be permitted under Schedule 1 of the Act,and also entering peter arguement that our laws are being mis interpretated ,To paragraph (b), I can only presume that x has not applied to HM Secretary of State for an order allowing you an exclusion, which leaves x with the only remaining possibility of requesting an exemption under paragraph (a).

 

So, we must turn to the exemptions permitted in paragraph (a) to find where xs’ Data Controller may invoke his perceived exemption to the Data Protection Act, namely, those listed in paragraphs 1 to 4 of Schedule 2. I have reproduced these exemption paragraphs, in full, below:

 

“1. The data subject has given his consent to the processing.

2. The processing is necessary-

(a) for the performance of a contract to which the data subject is a party, or

(b) for the taking of steps at the request of the data subject with a view to entering into a contract.

3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

4. The processing is necessary in order to protect the vital interests of the data subject.”

patrickq1

 

[patrickq1]

in other words THE REPUGNANT RULE will stand up against the terms and conditions where we find that we have to sign this contract with the waiver of our rights to DATA PROCESSING and the passing of this to other parties

[vinegarvera]

Wow good news! (I Think?)

[Having_A_Knightmare]

Hi

Could someone please look at my thread below as I am still not sure about the banks responce.

 

Note

I havenot had a copy of original T&C

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/109294-rbs-responce-cca-something.html

 

Thanks

 

RO

[kog]

Just been having a read of this post, and noticed the following

(3) This section does not apply to a small agreement.

 

Small agreements are those under £25k, which is what most credit card agreements are, under £25k

 

 

 

 

85 Duty on issue of new credit-tokens

 

(1) Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement(if any) and of any document referred to in it.

 

(2) If the creditor fails to comply with this section-

 

(a) he is not entitled, while the default continues, to enforce the agreement; and

 

(b) if the default continues for one month he commits an offence.

 

(3) This section does not apply to a small agreement.

[Peterbard]

HI

I think you will find that the definition of a small agreement according to the CCA is one under £50(section 17).

Maybe you are getting mixed up with the current limit of £25k which applies to a regulated agreement under the cca untill april 2008 when it is lifted for none business purposes.

Best regrds

Peter

[JonCris]

Correct Peter & Credit Cards are certainly not small agreements

[kog]

Yes Peter you are right just been reading this

 

(2) A consumer credit agreement is a personal credit agreement by which the creditor provides the debtor with credit not exceeding , 5,000 , 25,000.

[kennyparkroad]

is that 5000 excluding the interest?

 

or can they offer you £5000 on a loan for example and that can still count?

[Peterbard]

Hi A consumer credit agreement regulated by the CCA 1974 is an agreement which th creditor gives the debtor credit up to the value of £25K.

A consumer hire agreement regulated under the same act allows for a total repayment value of upto £25K

 

Not sure where the £5K comes in

 

Thes amounts as i stated are due to change when the transitional period of the 2006 CCA expires in apriil 2008 and the upper limit is removed but only for normal agreements not for business ones.

 

Regards

Peter

[conar686]

Can someone give me a second opinion, the only thing I think is missing is the total amount of credit over the term of the loan, not sure if this is a prescribed term or not. The T&Cs look look OK and don't provide any more info so won't bore you with them

 

http://i189.photobucket.com/albums/z61/conar686/Finance/MumsAgreement001.jpg

[Peterbard]

Can someone give me a second opinion, the only thing I think is missing is the total amount of credit over the term of the loan, not sure if this is a prescribed term or not. The T&Cs look look OK and don't provide any more info so won't bore you with them

 

http://i189.photobucket.com/albums/z61/conar686/Finance/MumsAgreement001.jpg

HI

This is a fixed sum creditor debtor agreement for unrestriced use the prescribed terms for this type of agreement are

The total amount of credit whichis given as £11969.09

The repayment amount and intervals which are also provided.

I calculate the total charge for credit as being £3536.43

And the Apr as being within the allowed leeway at 7.95%(7.9 quoted)

 

The agreement is missing several of the required terms as specified in the regulations although all the prescribed terms are there so you would not be able to go for automatic unenforceablity under section 127(3).

 

The Total charge for credit is one of the required terms and would make the agreement enforceable only by order of the court.

 

Best regards

Peter

[conar686]

The agreement is missing several of the required terms as specified in the regulations although all the prescribed terms are there so you would not be able to go for automatic unenforceablity under section 127(3).

 

Ok Thanks Peter, What required terms are missing

[Peterbard]

HI

These are the ones in schedule 1 of the 1983/1553 regulations.

 

Regards

Peter

[conar686]

Peter - Sent you a mail asking for a copy of these regs

[shooter001]

Could someone give me an opinion on this MBNA agreement if its enforceable.

 

 

 

 

 

It refers to terms and conditions outside the agreement in a booklet and also states cancelation rights will be sent in the post which wasnt sent. They also state in their letter "customers are sent a copy of the credit agreement in the form of a credit card mailer to which the credit card is attached. This serves as your copy of the credit agreement for the purpose of the consumer credit act 1974."

 

regards

 

craig.

[Peterbard]

Ok Thanks Peter, What required terms are missing

Hi

Please see my posting here for what is required on an agreement

 

http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability-9.html#post1105458

 

Best regards

Peter

[reallymadwoman]

Could someone have a look at the agreement posted here :- http://www.consumeractiongroup.co.uk/forum/show-post/post-1106054.html and give me an opinion on enforceability etc.

 

Thanks for your help.

[maybelline]

BBC NEWS | Programmes | Click | When the net is watching you

 

 

data processing stuff - search engines

[Peterbard]

Could someone have a look at the agreement posted here :- http://www.consumeractiongroup.co.uk/forum/show-post/post-1106054.html and give me an opinion on enforceability etc.

 

Thanks for your help.

 

Hi

Sorry about the delay i have had a quick look at tyour agreement and the prescribed terms sem to ne there however i cannot make out the financial detailsso I could not check the APR.if you would like to send them to me i will.

Remember when calculating this apr that you didn't make the first payment until 3 months into the agreement this will reduce the APR.

As regards cancellation details this agreement was made before the onset of the distance marketing agreements and would i am afraid not be a cancellable agreement under the Act unles their were prior face to face contact with the creditor /supplier.

As per the issuace of an unrequested credit token this is an offence under section 51(1) of the act and the OFT have actually been known to prosecute for this rememer they have to prove you applied for a card and if they can't they are summerarily guilty of the offence,this is quite a handy bargaining chip.

 

best Regards

 

Peter

[Stornoway]

http://www.consumeractiongroup.co.uk/forum/general-debt/112768-help-my-personal-loan.html#post1107978

 

Sorry to ask but could someone possibly have a look at my loanm agreement to check enforceability. Its a "together" loan and the barstewards want to increase the interest rate from 8% to 13% simply because i have refinanced my mortgage.

 

Many thanks in hope and anticipation .......

 

nrcktogetherloanpg1.jpg - Image - Photobucket - Video and Image Hosting

 

nrcktogetherloanpg2.jpg - Image - Photobucket - Video and Image Hosting

[Peterbard]

Hi

We seem to have had a spate of creditors sending T and C,s back from section 77 requests this is unacceptable despite what the TS have been saying recently. The following letter may be of use.

 

Dear Creditor (who is trying to hide the fact that you don’t have an enforceable agreement.)

 

Re: Your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

I note that you have replied to the above by sending a copy of your companies Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify:

 

On the 29th of December 2006 in response query Ian McCartney MP replied to a letter in his then role as minister for the department of Trade and Industry he stated this, “Mr Bardsley describes a situation in which he was sent a copy of a company’s standard Terms and Conditions when requesting a copy of a signed agreement form. Just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement”

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.”

This refers to statutory instruments made under the heading Copies of document regulations and in this case in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, what is being overlooked is the part highlighted, this again asserts that all other details of the agreement should be presented in the form and containing all sections required by the regulations.

 

The requirements of the agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

 

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues.

 

Best Regards

 

Peter