Cap1 & CCA return

[MAGDA]

Many thanks for the reply. Very much appreciated

 

We had no cancellation details posted or delivered to us. We were just given the 4th page of an agreement (unexecuted agreement) with the "You will have for a short time a right to cancel" notice at the top.

 

British gas delivered the "goods" 3 days later on the 8th of April 04 .... and they had finished installing everything 8 days after the initial loan agreement was signed. To be honest, had I of had a bit longer to muse, I would have probably gone done the route of getting the original boiler fixed, and not committed us to £5000 worth of debit. T'was all very quick .... and my brain at the time was not! :grin:

 

The debt is now being dealt with by a DCA / solicitors called Howard Cohen. A CCJ has already been granted, and they've taken a charging order out against the property (I never received a copy of that by the way .... even though I'm mortgaged on the house). The debt was in my wifes name.

 

So is it correct to assume it's too late to go down the CCA route? If not, who should I send the request to? First National Tricity or Howard Cohen?

 

I'm in the process of writing to British Gas now regarding the bills/boiler and it not being fit for purpose. So touch wood!

 

 

 

 

Have now drained the tank by the way .... not a spider in sight !

 

...... which is now leaving me wondering whether we have something bigger up in the dark eating them all !!! Might be a case for Mulder and Scully

 

 

 

Thanks for your time

 

 

Nyhm

 

Perhaps you have a BG Engineer still lurking up there somewhere, must be a bit peckish by now...

 

As far as the CCJ is concerned you could apply to have the judgement set aside, but not sure what happens in a case where a charge has already been placed on the property. Might be a good idea to start a thread on this and hopefully then you can find out exactly what your options are. I would definitely ask for a copy of the CCA anyway for future reference also if they installed the boiler that quickly, surely you weren't given the correct period of time in which to be able to cancel the agreement anyway? Good luck with the complaint to BG.

 

Magda

[Nyhm]

Perhaps you have a BG Engineer still lurking up there somewhere, must be a bit peckish by now...

 

 

 

lol !!! He could well be still up there!

 

 

Have started a new thread here .. http://www.consumeractiongroup.co.uk/forum/general/195291-consumer-credit-act-agreements.html#post2115383

 

 

And thanks for your advice Magda

[paulwlton]

Just spotted solicitors advertising a no win no fee policy.

 

Cock up or Conspiracy? One Man who Fought Back | Fair Judgement News

[questioning]

Just spotted solicitors advertising a no win no fee policy.

 

Cock up or Conspiracy? One Man who Fought Back | Fair Judgement News

 

They've pinched your news for their news section.

You're getting so damn famous!

Edited April 22, 2009 by questioning
deleted a word

[underdog13]

They've pinched your news for their news section.

You're getting so damn famous!

 

That was a bit cheeky - I'm assuming they didn't have your permission, Paul?

 

There was an interesting bit about credit card cheques and increased limits though;

April 17, 2009

Sending unsolicited credit card cheques or increasing credit limits could make entire loan unenforceable.

 

Have you recently received a letter through the post from your lender offering you increased credit limits or providing you with credit card cheques you never asked for? If so, and if your original loan agreement was taken out before April 2007 you may well find that the agreement is unenforceable.

 

It is an increasingly common and odious practise to encourage us borrowers to spend more at this penny pinching time of recession, when we should, on the contrary be consolidating, not increasing, our debt. But where the banks are breaking the law is by not sending out a fresh credit agreement for the customer to sign agreeing to the increased limit or the cheques. This is a requirement set out in the Consumer Credit Act but as with many rules and regulations surrounding the Act, is routinely flouted by the lender.

 

This irresponsible lending echoes the mistakes made by banks eager to make a profit by lending to sub-prime borrowers in the boom years - a practise that is widely accepted as the cause of the Credit Crunch. Lenders are only deepening this crisis by attempting to get potentially vulnerable consumers to dig themselves into an even deeper pit of debt. Research shows that many consumers believe that since the lender has offered a new more generous credit limit without this being requested, then it must be affordable and within their means

 

Savvy borrowers should challenge their loan agreements through a non fee paying Claims Management Company like Fair Judgement as soon as they receive unsolicited credit card cheques or an increase on their credit limit.

 

 

 

Hmmm, wonder how much merit that approach has? What do our legal eagles think?

[paulwlton]

That was a bit cheeky - I'm assuming they didn't have your permission, Paul?

 

Nope.

 

 

[underdog13]

That was a bit cheeky - I'm assuming they didn't have your permission, Paul?

 

Nope.

 

 

 

Thought so - cheeky b's:cool:

[questioning]

 

Thought so - cheeky b's:cool:

 

I see that its a cheek but do they have to ask for permission?, if they do what can you do about the fact that they didn't.

Just wondering...

[underdog13]

I'm not sure if they do need permission once a story is in the public domain, so to speak. Would have thought it at least polite to try to contact someone though if you are using their name in your promotional material....

 

Cheeky b's or not, though, I notice they are a no-win-no-fee company and do not take a percentage of any commission. I've been looking for one of these for ages - does anyone have any experience of Fair Judgement or any other company that they can recommend?

 

I can't make any headway with my creds and the level of harrassment is getting ridiculous now; I've written 10 letters this week alone and another four have arrived today that require a response. Think a solicitor's letter would bear more weight than a letter from a debtor - especially if they start making noises about a harrassment counterclaim.

[Stubie]

Hi All,

I started reading this thread a couple of weeks ago. Im on post 2980 and catching up fast - see you in 2011!!!!:lol:

[Having_A_Knightmare]

You will like this one.

 

Other half took out a loan 69 months ago for £15000.

She has been paying just under 300 quid a month

 

So payed just over £20500

 

Worked out that £15000 at 9.5% APR over 69 months is £19586 so basically paid loan of and they owe her over a grand and ther is still 15 monthly payments due.

 

On the credit agreement they have put total amount payable is just over £25K....

 

Going bank tomomorow and going to go ape!!!

 

If they do not play ball is there anything in the CCA that says I can get me money back...or can I threaten them with Court action.

 

One last thing this account has never missed a payment

 

HAK

 

This is now on this thread

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195950-you-have-got-look.html#post2123002

[Alphageek]

I'd be grateful if you'd all take a look at this thread for me please.

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/195593-tesco-personal-finance-loan.html

[underdog13]

By what margin would the figures quoted in a fixed sum loan have to be mis-stated to make the loan unenforceable?

 

What sum/percentage would be considered deminus?

[paulwlton]

Hi All,

I started reading this thread a couple of weeks ago. Im on post 2980 and catching up fast - see you in 2011!!!!:lol:

 

Is your head spinning yet?

[NWJ]

As I understand it - you are either the right side of the regs or the wrong side - so in absolute terms there is no de minimis - not sure a judge would see it that way - however I think de-minimis applies to loan more than credit cards.

[foolishgirl]

By what margin would the figures quoted in a fixed sum loan have to be mis-stated to make the loan unenforceable?

 

What sum/percentage would be considered deminus?

 

It's the interest calculation that is permitted to be de minimis, enforceability would depend what other figures were incorrect. I think approx 1% either way is the current accepted figure on the interest calculation.

[Peterbard]

It's the interest calculation that is permitted to be de minimis, enforceability would depend what other figures were incorrect. I think approx 1% either way is the current accepted figure on the interest calculation.

 

 

Hi

I haven'yt seen the allowaable cariation figure for interest, the perameters for APR are set as 1% below or .1% above the stated figure according to the regs and i suppose that this would also indirectly affect the leeway on the interst as the rate,as it could be assertained by recoving the other items frome the TCC.

 

Peter

[Viscount Stair]

In the case of the APR in an agreement, there is a statutory margin of error allowed, which (I think) varies according to when it was signed. Peter Bard is the unchallengable expert on that.

 

In the case of a DN, Woodchester v Swayne implied that there might be a de minimis margin for the arrears amount but that the error in that case was clearly not de minimis. That case involved an error of about a third over, but no threshold was indicated, so there could be a grey area.

 

Rankine was based in part that there was a wide margin of error and that the possibility of charges etc being disallowed was not sufficient grounds for challenge of a DN. However, that is not necessarily consistent with Woodchester, which would trump Rankine (Court of Appeal beats High Court).

[NWJ]

there are three Court of Appeal cases which have said de-minimis does not apply in cases where there is a breach of a prescribed term - now off to work but if anybody would like a copy just let me know

[Viscount Stair]

My bad.

 

Woodchester only applies to Default Notices and we are talking about agreements.

 

"Not in the slightest mis-stated" is the rule for the prescribed terms themselves.

 

Not quite as poetic (or as drastic) as "... if thou cut'st more or less than a just pound, be it but so much as makes it light or heavy in the substance, or the division of the twentieth part of one poor scruple, nay, if the scale do turn but in the estimation of a hair, thou diest and all thy goods are confiscate" but the principle (for the prescribed terms, at least) is much the same.

[Having_A_Knightmare]

So were does it actual say if the APR is dramatical incorrect the agreement is unenforcable..

 

HAK

[Viscount Stair]

 

Clearly, I have long since got confused about what the original question was.

 

I'll get my coat.

[foolishgirl]

 

Clearly, I have long since got confused about what the original question was.

 

I'll get my coat.

 

Think I'll join you - Portia

[Peterbard]

So were does it actual say if the APR is dramatical incorrect the agreement is unenforcable..

 

HAK

 

Hi Hak

 

The interst is only a prescribed term on a running account credit agreement and is variable (usually)

On a running account credit agreement the interst is charged on the debit ballance a month after the transaction takes place so any error in the execution of the agreement would not be apparrent untill a month later so improper execution cannot be proven.

It would be different of course if it were a fixed sum agrement because all of the repayments and other terms are set at the execution of the agreement but as i said unfortunately interst is not a prescribed term on a fixed sum agreement.

 

Peter

[bash83845]

Sorry to ask a question that has no doubt been asked a few hundred times before but ive tired trading through all 15,000+ posts and my head is going to explode ha ha

 

in short how do i know if once recieved my CCA is enforcable or unenforcable? i fulfill everything else on ammount still owing and time it was taken out, i will be writing to black horse tomorrow to ask for the credit agreement but if they do reply with a copy of it what do i need to be looking out for that would make it un0enforcable and what do i need to do after its been identified as unenforcable?

 

many many thanks

 

martin