Cap1 & CCA return

[car2403]

In preparation for my "big go" at them (barclaycard), and to try and get some sort of response from them I sent them a "Go away and never bother me again" letter hoping it might hit a nerve.........

 

Is that one of those infamous, "copyright davefirewalker" letters?

 

methinks they must realise something is afoot (and its not 12" )

 

LOL! Dave, you're a proper nutter, you are!

[IIIUMINATI]

goldlady

get your phone company to ban the calls BT do it free

[The Lantana]

He Guy's I need some help on this one. B3rty, I've seen your posts and this seems to be a variation on the CCA avoidance theme.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/134049-hsbc-avoiding-cca-lantana.html#post1413520

 

All help greatly appreciated.

 

Regards

 

 

Lantana

[patrickq1]

is it not a case of the first is an aplication as an invitation to contract, so the standard terms and conditions would not and could not apply in my opinion only

patrickq1

[davefirewalker]

Is that one of those infamous, "copyright davefirewalker" letters?

 

 

 

LOL! Dave, you're a proper nutter, you are!

 

 

yup it was.......and yup I am

 

dave

[conar686]

Is the following CCA enforceable

 

http://i189.photobucket.com/albums/z61/conar686/HFC93211.jpg

http://i189.photobucket.com/albums/z61/conar686/HFC93212.jpg

http://i189.photobucket.com/albums/z61/conar686/HFC93213.jpg

http://i189.photobucket.com/albums/z61/conar686/HFC93214.jpg

[ncf355]

Hmm

Unless someone else comes up with something, looks ok to me - all prescribed terms in there so its going to be improperly executed at worst (/best depending on your POV)

 

Cant see anything missing in required terms that immediately springs to mind and the sig page seems to link well to the rest of the pages

 

Anyone else ?

[car2403]

Is the following CCA enforceable

 

http://i189.photobucket.com/albums/z61/conar686/HFC93211.jpg

http://i189.photobucket.com/albums/z61/conar686/HFC93212.jpg

http://i189.photobucket.com/albums/z61/conar686/HFC93213.jpg

http://i189.photobucket.com/albums/z61/conar686/HFC93214.jpg

 

Does page 1 have "Page 1 of 4" at the bottom? It might have been missed on the scan. If it does, I'd say it's enforceable. If it doesn't, they'll have a job showing the prescribed terms are part of the same document, which can make it unenforceable.

[B3rty]

That thought went through my head but I just assumed that this hadn't copied , however the signature is on 2 of 4 and I feel you would have a hard job arguing this in court as the document does tend to flow and link.

[car2403]

That thought went through my head but I just assumed that this hadn't copied , however the signature is on 2 of 4 and I feel you would have a hard job arguing this in court as the document does tend to flow and link.

 

If they can't show page 1 is linked to page 2, as the other pages are, there's an argument it isn't the same document. This could all come apart when they turn up to court with the original and they are linked, however...

[caught_up]

I need to send a CCA request for my Debenhams card. But, now it has been passes to Aktiv Kapital so, should I send the request directly to GE capital or to Aktiv Kapital??

[patrickq1]

all i can input to this is if it was hamilton finance and signed on their trade premises they would have your name typed in at the top of page one or your full name and address,i have a household finance agreement in front of me and that was printed in sept last year they did it all in front of me and the missus,the name and address was at the top and not what you have their (the customer)?

patrickq1

[Jeff2000]

I need to send a CCA request for my Debenhams card. But, now it has been passes to Aktiv Kapital so, should I send the request directly to GE capital or to Aktiv Kapital??

 

 

 

Hello,

 

 

Do Aktiv claim to now own this debt or are they acting on behalf of Debenhams?

 

If Debenhams still own the account, then send your CCA request to them!

 

However, if another party now own the account, then send your CCA request that particular company!

 

Hope this helps a bit.

 

 

Good luck, Jeff.

[car2403]

Hello,

 

 

Do Aktiv claim to now own this debt or are they acting on behalf of Debenhams?

 

If Debenhams still own the account, then send your CCA request to them!

 

However, if another party now own the account, then send your CCA request that particular company!

 

Hope this helps a bit.

 

 

Good luck, Jeff.

 

Agreed.

 

Some of these companies hide behind the law and don't tell you what type of assignment has taken place - the best place to start, IMHO, is to CCA the DCA as they are either going to reply themselves or they have a contractrual duty to forward your request to the OC. (Plus the fact they can't continue to collect while in default of the request)

[bathgatebuyer]

Dear all,

 

2 pages that were returned from the Halifax as my supposed CCA. The red blotches mask someone else's writing masquerading as my own (the Halifax insist this is the form I completed when applying for the card - so presumably the will also acknowledge that it is an application and not an agreement), and the second page was provided after the second time I write to them saying, "Oi, where's my terms and conditions then".

 

Would be happy to hear everyone's opinions on this as I'm taking them to court over mis-sold PPI, but if the supposed CCA is invalid..............

 

http://i197.photobucket.com/albums/aa77/bathgatebuyer/SupposedCCAfromHalifaxforwebsite.jpg?t=1205080562

http://i197.photobucket.com/albums/aa77/bathgatebuyer/HalifaxCCAsupposedlypart2.jpg?t=1205080579

[B3rty]

I would say you have a good case as the two pages dont appear to be linked in any way and if you had to argue this case in court you could use the fact that they supplied the prescribed terms as an after thought and that if they were linked and part of the document these would have been provided as part of the original CCA request

[car2403]

The red blotches mask someone else's writing masquerading as my own

 

What exactly are you alleging here?

[Jeff2000]

Dear all,

 

2 pages that were returned from the Halifax as my supposed CCA. The red blotches mask someone else's writing masquerading as my own (the Halifax insist this is the form I completed when applying for the card - so presumably the will also acknowledge that it is an application and not an agreement), and the second page was provided after the second time I write to them saying, "Oi, where's my terms and conditions then".

 

Would be happy to hear everyone's opinions on this as I'm taking them to court over mis-sold PPI, but if the supposed CCA is invalid..............

 

http://i197.photobucket.com/albums/aa77/bathgatebuyer/SupposedCCAfromHalifaxforwebsite.jpg?t=1205080562

http://i197.photobucket.com/albums/aa77/bathgatebuyer/HalifaxCCAsupposedlypart2.jpg?t=1205080579

 

 

 

Hi,

 

 

Is the signature yours?

 

Where did you apply at?

 

 

Jeff.

[Scrappy01]

Hi Everyone. I have had a copy of a credit agreement sent to me that I'm sure is reconstructed. I don't really want to say why openly on here but I will PM if details are needed. Its not a photocopy or a micro-fiched copy, well it doesn't have any obvious signs of being. It also doesn't have any signatures or dates and it doesn't look like they have been covered up.

 

Where would I stand on this in challenging the agreement?

[car2403]

Hi Everyone. I have had a copy of a credit agreement sent to me that I'm sure is reconstructed. I don't really want to say why openly on here but I will PM if details are needed. Its not a photocopy or a micro-fiched copy, well it doesn't have any obvious signs of being. It also doesn't have any signatures or dates and it doesn't look like they have been covered up.

 

Where would I stand on this in challenging the agreement?

 

There's no need to challenge an agreement without a signature - just quote s.127(3) at them and leave it at that.

[Scrappy01]

There's no need to challenge an agreement without a signature - just quote s.127(3) at them and leave it at that.

 

Hi Chris

 

I noticed that the agreement has the APR quoted but not the interest rate. I know the CCA states that interest is a perscribed term. Does this also add to making the agreement unenforcable without a court order?

[car2403]

Hi Chris

 

I noticed that the agreement has the APR quoted but not the interest rate. I know the CCA states that interest is a perscribed term. Does this also add to making the agreement unenforcable without a court order?

 

APR was a prescribed terms after the 2004 agreement regulations - the OFT want it on agreements to allow punters to compare loans like with like.

 

The 1983 regs don't mention APR, so to me, APR is different to rate of interest - otherwise, why would the OFT introduce it in 2004 when it was enacted in s.60s/s.61 since 1974?

[Scrappy01]

APR was a prescribed terms after the 2004 agreement regulations - the OFT want it on agreements to allow punters to compare loans like with like.

 

The 1983 regs don't mention APR, so to me, APR is different to rate of interest - otherwise, why would the OFT introduce it in 2004 when it was enacted in s.60s/s.61 since 1974?

 

The agreement is meant to be from 2001...... Do you think my assumption would be correct that without the interest rate on there the agreement is unenforcable without a court order?

 

I just want someone elses slant on it before writing back. Obviously they have already sent me this supposed agreement and so they have already stated this to be THE agreeement so any further amendments (were I to point it out) could be frowned upon?

[car2403]

The agreement is meant to be from 2001...... Do you think my assumption would be correct that without the interest rate on there the agreement is unenforcable without a court order?

 

I just want someone elses slant on it before writing back. Obviously they have already sent me this supposed agreement and so they have already stated this to be THE agreeement so any further amendments (were I to point it out) could be frowned upon?

 

Er, if the interest rate is missing, (presuming the Court agrees with us that the APR isn't the interest rate) that's a missing prescribed term, so the agreement is irrevocably unenforceable.

[Scrappy01]

Er, if the interest rate is missing, (presuming the Court agrees with us that the APR isn't the interest rate) that's a missing prescribed term, so the agreement is irrevocably unenforceable.

 

Great! Thanks for your advice. I'm going to put it in my letter regarding the interest rate and see want I get back from them. I can only but try...... I may try with a second agreement I have that is missing the interest rate too.