Cap1 & CCA return

[foolishgirl]

in short how do i know if once recieved my CCA is enforcable or unenforcable?

 

 

It has to contain the prescribed terms as described in the CCA 1974 & Regs:

http://www.consumerforums.com/resources/templates-library/57-statutes/176-consumer-credit-act-1974-and-related-regulations-.html

 

It should also be properly executed.

 

You may find this thread useful:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

If you have any doubts when you get your CCA, post it up, minus the personal details, & I'm sure someone will look it over

[cds]

Easy scan it on to the relevant forum and let us have a look at it

 

cds

[bash83845]

thanks to much for the speedy replies foolishgirl and cds, much appreciated!

 

where would you both reccoment putting a copy of the CCA when i get it? which section? for forum is so big i feel i need a satnav to find my way around

[cds]

Lloyds Bank - The Consumer Forums

 

cds

[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?

 

Thanks NWJ, FG and VS, for all the replies to this question - much appreciated:)

[Stubie]

Is your head spinning yet?

Big time!!!!

That said, I'm hooked, on page 203 now and still can't put it down, will this be published when its finished, it has to be a best seller.

[lexis200]

Edited April 28, 2009 by lexis200
answered elsewhere so didn't want to clog this thread up!

[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

[Stubie]

I'm still reading my way through this mammoth thread (up to page 231 now). I will read it all (promise) but I need some info now. Appologies if this is covering old ground.

 

Did anyone ever find the relevant legislation that confirmed that an individual could not profit from the proceeds of a criminal act. Thinking particularly about s85 non compliance and recovery of costs & charges retrospectively.

 

Thanks

 

Stubie

[MAGDA]

Hi, can anyone tell me when the requirement to show Total charge for credit was introduced. I have a 2003 loan, with just the amount of the loan shown, apr and monthly interest rate. No total charge for credit - the total amount of the loan (with interest) isn't shown) Magda

Edited May 3, 2009 by MAGDA

[sequest]

Stay on Unenforeable Agreements - see attachment on my thread:

http://www.consumeractiongroup.co.uk/forum/legal-issues/163968-rbs-loan-ppi-court-10.html#post2148766

[Spiros386]

First Post so excuse my ignorance if any. I have an Egg Credit card and after looking at a number of companies who proclaim to have all the answers I have decided to go it alone with the help of the forum if possible. Just looking for a quick overview of the process. I have requested a copy of my agreement although not formerly, through eggs secure message service. If my agreement is unenforceable and I subsequently challenge and place the account in dispute do I stop paying or continue to pay. At the moment I pay the minimum each month. I understand 14 days to reply plus 30 days for statements etc. Is this when the account goes into dispute if I have a case and then what happens after that. From a general point of view is there a number of key steps which I need to follow just so I can get it clear in my own mind. I have seen a number of template letters which are very helpful and I will use in a formal request for my CCA.

 

Thanks in advance.

[foolishgirl]

Hi Spiros - welcome to CAG

 

You are unlikely to get a copy of your credit agreement unless you stipulate you are applying under s77-79 of CCA1974 & enclose £1.00 PO. Use the template from CAG, do not sign (print or use dig. signature) & send Rec. Del. They have 12+2 days to produce, after which you need to write to them to formally put the account in dispute.

 

The statements are requested as part of a SAR. It costs £10.00 (again send PO etc) They have 40 days to respond. The template is here:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-.html

 

If you need further help, you would be better posting your query in the Egg forum, this thread is very long & it may get lost here.

[car2403]

Poor Credit Borrowers off-topic posts moved to their thread;

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195895-debt-elimination-debt-reduction.html

[citizenB]

Hi, can anyone tell me when the requirement to show Total charge for credit was introduced. I have a 2003 loan, with just the amount of the loan shown, apr and monthly interest rate. No total charge for credit - the total amount of the loan (with interest) isn't shown) Magda

 

Magda, you might find the answer on pt's thread on EGG where this was first debated.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

 

HTH

[rob20042513]

Hello,

 

I'm new on here and i must say there has been some fantastic information on here both factual and debatable!!!! but bloody great stuff.

 

The question I have does anybody know if i can recall information back from the halifax in 2004 to check my so called agreement, as they defaulted me when i was a student very naive back then and did not really know much about the law and my rights.

 

The account above has a default on my credit file which is satisfied back from 2004, is it to late to dig up old ground as i cant remember ever recieing a default notice etc.............

 

thanks

[Poor-Credit Borrower]

Hello,

 

The short answer is that anything within six years is not "old ground" for credit purposes and remains on one's file. It goes towards your advantage that it *was* satisfied in 2004, but still remains as a previous default.

 

Do, however, submit your own Notice of Correction with an explanation of why you "defaulted" and state, by all means, that you were naive in your student days (and you can pile it on that you lived on very little money, etc etc). Experian, or any other recognised credit bureau, should have a note on their website how to do this.

 

To answer your original question, you should be able to get the info from halifax, but it might be difficult without an account number (though still possible). You mentioned "factual", I can't guarantee that my advice will be 100% that, but it's the best I know!!

Edited May 13, 2009 by Poor-Credit Borrower
serious typo I had originally written "six months"!!

[rob20042513]

thanks pcb,

 

To put a twist on this if my mind serves me correctly, i defaulted because i went over my overdraft and charges were applied which i could not afford to repay back!!!

 

Could i subject access request halifax for those charges and claim them back and also state a case that i would have been able to pay back what was overdrawn accept the charges and that my account was not fairly assessed at the time.

 

any ideas!!!!!!!!!

 

thanks again

[foolishgirl]

Hi rob, welcome to CAG

 

Re. the Halifax account, if it was a current account, it is not subject to a credit agreement; if it is in respect of a credit account (card or loan) & if the account was satisfied & then closed or teminated, you cannot obtain an agreement.

 

However that does not prevent you claiming any unlawful charges. To begin the process you need to send a SAR, cost £10, send PO & Rec. Del. This should produce the statements that will enable you to work out the amount of your claim. Be aware that claims on bank charges are currently stayed but you should still submit you claim & get in the queue.

 

The template for a SAR is here:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-.html

[Stubie]

I'm still reading through this thread so appologies if this has been covered.

 

There are many loan agreements (e.g. Wilson Vs. SOS and Walker Vs. SPPL) where the ruling was found on the basis of interest being charged on fees or unavoidable expenses.

 

In a credit card scenario, whereby the creditor charges an annual fee (E.g. Cap 1, Amex) should these fixed charges be immune to interest?

 

What would be the implications of such interest charges in respect of the overall account validity?

 

Stubie

[Poor-Credit Borrower]

Hi Rob, your recent question has now been answered by foolishgirl. I don't think I can add anything to her advice.

 

Stubie, I'm not really in a position to answer your query, but am sure some others can!

 

PCB

[rob20042513]

Thanks foolish girl and pcb!!!!

 

Thats halifax sorted!!! letter off in post tomorrow.

 

Another question to pick your talents and brains over, can i do the same to orange plc as i have a ccj with them but cant remember ever receiving a default notice etc??? again this has been satisfied and was done in 2005!!

 

thanks

[foolishgirl]

can i do the same to orange plc as i have a ccj with them but cant remember ever receiving a default notice etc???

 

 

Are you talking about an orange phone contract? If so, these are slightly different & you should post up in the Telecoms forum for specific advice.

[NITERIDER17]

I have a loan with Lloyds taken out in Jan 2007 for 20k, unsecured. What are my first steps to finding out if its unenforceable?

 

Should I go through solicitors?

 

Can I get a stencil letter for the agreement request?

 

Help !!! Much appreciated!

[rob20042513]

Ok will check that out!!! yes orange contract

 

Also I had a overdraft with lloyds over 7 years ago which is within the overdraft limit!!! however after all this time and they aint even on my credit file they are starting to pursue the amount against me, the facts are:

 

1. I dont live at that address any longer (not for 7 years now)

2. I dont use that account not for 6-7 years ago

3. The bank is not showing on my credit file

4. They have never rang me

5. cant even remember the account really so long ago

 

My question what can i do or should do???

 

advice please, thanks:confused: