Cap1 & CCA return

[Enron]

If you check the definitions, APR is not a definition of interest.

 

APR: Definition and additional resources from BNET

[MAVERICKMAN]

Check this out on Wikipedia: Annual percentage rate - Wikipedia, the free encyclopedia

[Scrappy01]

Check this out on Wikipedia: Annual percentage rate - Wikipedia, the free encyclopedia

 

I found this too. Very enlightening!!!!

[bathgatebuyer]

What exactly are you alleging here?

 

I originally asked for the CCA as I wanted to see what commitments I had made in terms of PPI cover on this account (which didn't pay out at a fairly desperate time). After some prodding (and after passing the statutory time period), they sent this. The signature is mine - as it has been on all correspondence with them - yet none of the other handwriting on the account is. There are inaccuracies in it such as profession and names being incorrectly spelt. I have asked the Halifax openly who completed this, when and why. I have sent this away to a handwriting expert who agrees that theis is not my handwriting. So, someone completed this form either at the time of the original application or recently when I have chased up the CCA. I am 95% certain that there is something malicious going on here. The other 5% is willing to believe someone in their organisation made an honest error of judgement in this.

 

Nonetheless, I'm not too sure what to do next - am I right in believing that I cannot raise this in court, and that I have to wait for them to pursue me for monies and ultimately reach the court stage?

[car2403]

I originally asked for the CCA as I wanted to see what commitments I had made in terms of PPI cover on this account (which didn't pay out at a fairly desperate time). After some prodding (and after passing the statutory time period), they sent this. The signature is mine - as it has been on all correspondence with them - yet none of the other handwriting on the account is. There are inaccuracies in it such as profession and names being incorrectly spelt. I have asked the Halifax openly who completed this, when and why. I have sent this away to a handwriting expert who agrees that theis is not my handwriting. So, someone completed this form either at the time of the original application or recently when I have chased up the CCA. I am 95% certain that there is something malicious going on here. The other 5% is willing to believe someone in their organisation made an honest error of judgement in this.

 

Nonetheless, I'm not too sure what to do next - am I right in believing that I cannot raise this in court, and that I have to wait for them to pursue me for monies and ultimately reach the court stage?

 

IMHO, I can't see what difference it will make - if the agreement contains the prescribed terms and your signature, it will be enforceable against you. Bringing in to question whether the rest is legitimate or not doesn't really add to your case.

 

You can push the issue by making an application to the Court for a declaration that the agreement is unenforceable - the response to that is almost guaranteed to be an attempt to enforce the agreement, so it's worth considering your options before taking that action.

[bathgatebuyer]

It doesn't appear to contain the prescribed terms - although the issue I'm taking them to court over is the mis-selling of PPI. The 'replication' of the CCA and my signature on it is an issue that I may take further via an alternative route.

 

If the court decide it's enforceable, that's not too big an issue as the balance is manageable and should be paid off within the next 4 or 5 months anyway, although at the time I made my claim unsuccessful claim on my PPI it was at £12,500! The PPI is the main issue for me in this.

[bfb]

the credit limit definition does not meet the 1983 regulations

the paper is not signed by the Halifax and the paper signed by you does not contain any of the prescribed conditions

this crowd are 100% useless

[car2403]

the credit limit definition does not meet the 1983 regulations

the paper is not signed by the Halifax and the paper signed by you does not contain any of the prescribed conditions

this crowd are 100% useless

 

You'll find that this has all been discussed in replies, if you look hard enough.

 

[bfb]

"You'll find that this has all been discussed in replies, if you look hard enough"

 

I hope not to be taking the reply above the wrong way but it seems unhelpful in addition to the replies I have taken these matters to court to satisfactory conclusion several times so have the benefit of that recent experience

[patrickq1]

Legibility of notices and copy documents and wording of prescribed Forms

2.-

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

[car2403]

"You'll find that this has all been discussed in replies, if you look hard enough"

 

I hope not to be taking the reply above the wrong way but it seems unhelpful in addition to the replies I have taken these matters to court to satisfactory conclusion several times so have the benefit of that recent experience

 

Perhaps you are? It's all about sharing experiences, as each case is unique, so feel free to share yours.

 

What I am saying is that the advice you have given has already been discussed - if you disagree with any, by all means put your point forward and the forum will respond.

 

"Unhelpful" is your opinion, to which you're entitled, but that doesn't mean I can't share mine too.

 

Happy to continue this, by PM rather than in open forum, as we aren't adding value to the thread now, if you prefer.

[Having_A_Knightmare]

Hi

 

In the CCA1974 under section 78 it asks for 15 new pence.

What doc is it in where it says £1.00.

 

Also is there a more modern version of section 60

[Scrappy01]

Hi

 

In the CCA1974 under section 78 it asks for 15 new pence.

What doc is it in where it says £1.00.

 

Also is there a more modern version of section 60

 

I also need a more upto date version of section 60, so I know what the prescribed terms actually are, for this APR/interest argument I mentioned earlier in this post.

 

I think both are in the 1983 updated act but I can't find a copy!!!!!

[mfpa]

In the CCA1974 under section 78 it asks for 15 new pence.

What doc is it in where it says £1.00.

 

Statutory Instrument 1998 No. 997

The Consumer Credit (Further Increase of Monetary Amounts) Order 1998

[MAGDA]

Hi all, In 2000 we applied for credit in a store (store card was subsequently issued). I have recently requested a copy of the agreement form GE Capital who are still handling the account. However, the document they supplied is an application form, completed by an employee instore. It contains credit limit and account number, amount of deposit we paid and cancellation rights, but no APR or repayment details. It is pretty much just an application form. I have written a letter to GE informing them of this and they wrote back to say they were investigating the matter. However, in the meantime, GE has passed the account to Lewis Debt Recovery, who say that regardless of whether the agreement contains the prescribed terms or not, if we spent on the account then it is enforceable. Which of course is rubbish. I just wanted to check though that I am right in stating that this agreement if it doesn't contain all prescribed terms is unenforceable. does it make any difference that it was completed instore and that a deposit was shown to be paid at the time? I have read on here that Lewis are pretty litigious and a thoroughly nasty crowd - nothing like the other DCAs then! Thanks , Magda

[car2403]

Hi all, In 2000 we applied for credit in a store (store card was subsequently issued). I have recently requested a copy of the agreement form GE Capital who are still handling the account. However, the document they supplied is an application form, completed by an employee instore. It contains credit limit and account number, amount of deposit we paid and cancellation rights, but no APR or repayment details. It is pretty much just an application form. I have written a letter to GE informing them of this and they wrote back to say they were investigating the matter. However, in the meantime, GE has passed the account to Lewis Debt Recovery, who say that regardless of whether the agreement contains the prescribed terms or not, if we spent on the account then it is enforceable. Which of course is rubbish. I just wanted to check though that I am right in stating that this agreement if it doesn't contain all prescribed terms is unenforceable. does it make any difference that it was completed instore and that a deposit was shown to be paid at the time? I have read on here that Lewis are pretty litigious and a thoroughly nasty crowd - nothing like the other DCAs then! Thanks , Magda

 

I've actually found the opposite - you just need to manage them correctly;

 

http://www.consumeractiongroup.co.uk/forum/other-stores/110148-car2403-ge-capial-bank.html

 

[Scrappy01]

I found this too. Very enlightening!!!!

 

car2403 can you help me? A few posts ago we talked about interest rate missing from agreements but APR being shown instead. Do you have an updated s60 from the 1983 regs or more clarification of the percribed terms particularly the interest rate?

 

I need to get my letter done in the next couple of days, and I'm a bit stuck, and they are expecting another payment at the end of next week, so they inform me!!!! I've spent ages looking for the 1983 regs but they seem hard to find.

[Goldlady]

GE passed our account to Lewis after they withdrew their court claim (thanks to a superb defence, with a little help from my friends;)). I had one letter from Lewis saying they would accept our £1 a month (which GE had refused and responded by issuing court proceedings) - I ignored that letter and have never heard another thing - that was about four months ago:D

[MAVERICKMAN]

Hi

 

In the CCA1974 under section 78 it asks for 15 new pence.

What doc is it in where it says £1.00.

 

Also is there a more modern version of section 60

 

Try this link for CCA 1974 s.78: Consumer Credit Act 1974 (c. 39) - Statute Law Database

[Having_A_Knightmare]

Try this link for CCA 1974 s.78: Consumer Credit Act 1974 (c. 39) - Statute Law Database

 

 

Cheers for that.

 

 

Where does it actually say the perscribed terms are.

 

Credit limit

When payable

intrest rate.

 

HAK

[MAGDA]

I don't know how co-operative Lewis are going to be yet, or otherwise, as I previously dealt with GE direct, it is only since requesting the CCA that they have passed the account to lewis. My issue here is that GE do not have a valid CCA and yet they have passed the account to a third party, and they all appear to be ignoring the fact that the debt is unenforceable. The account is in dispute (no cca) so surely it should not have changed hands.

[noomill060]

s.60

[Having_A_Knightmare]

I mean in todays language if you know what I mean

 

HAK

[MAVERICKMAN]

I mean in todays language if you know what I mean

 

HAK

 

Check this out: http://www.competition-commission.org.uk/inquiries/current/homecredit/working_paper_legal_framework.pdf

[MAVERICKMAN]

I also need a more upto date version of section 60, so I know what the prescribed terms actually are, for this APR/interest argument I mentioned earlier in this post.

 

I think both are in the 1983 updated act but I can't find a copy!!!!!

 

I have a copy:

2.Consumer Credit (Agreements) Regulations 1983.pdf