Cap1 & CCA return

[Poor-Credit Borrower]

Edited March 25, 2010 by Poor-Credit Borrower
An error with the text

[diddydicky]

I have just realised that when you said I didn't "sign an agreement", you said it with a 'wink' emoticon as if to say in the eyes of the law there is no signed agreement?!

 

if i were you i would edit post 16891-perhaps replace the text with a smilie

[Having_A_Knightmare]

Hi All

Does anybody know the exact date that a default notice went from 7 to 14 days.

Cheers

HAK

[Chalkitup]

Hi All

Does anybody know the exact date that a default notice went from 7 to 14 days.

Cheers

HAK

 

 

Hello HAK,

I copied this from a thread a few months ago…

Also as of 1st October 2006 (came into force on 19/12/08 - see consumer credit (enforcement, default and termination notices) regulations 1983 (s1 1983/1561) section 3(d) then look down further to the notes at the bottom and date in force para 3) the period of notice to remedy the breach was increased from 7 days to 14 days from the date of service of the default notice. The CCA quite clearly states that the creditor shall not take action such as mentioned in s87 (1) before the date so specified or before those 14 days has elapsed.

 

Hope it helps ….

 

Onwards and Upwards

 

Chalkitup

[babydoll0141917]

thats great then i hav a DN from Halifax ..dated 21st jan 08..asking me to pay by the 29th jan

[diddydicky]

thats great then i hav a DN from Halifax ..dated 21st jan 08..asking me to pay by the 29th jan

 

bless!

[jakmgb]

no, this refers (as it says in the first two lines of text on both documents, to what the creditor may provide in response to a s77/79 request

 

which it totally different from enforcing the agreement in court

 

notwithstanding which -i doubt that there is any need for bankruptcy or IVA but start a new thread and tell us your probs and we will try to help you

 

remember its always darkest just before dawn!

 

Thanks; happy that they do not have enough to enforce in court and happy ignoring attempts by Westcot (who have just offered 25%discount on 10K CC debt with RBS). Been at it for nearly 1 year now with the CAG letters since work started drying up . Girlfriends HSBC credit card 11K has now been referred to 'Moorcroft precourt division' after reconstituted CA sent by bank. Both accounts opened 10 years ago (complimentary with current accounts so not actually applied for). Is it just a case of cat and mouse with DCAs now?

[diddydicky]

Thanks; happy that they do not have enough to enforce in court and happy ignoring attempts by Westcot (who have just offered 25%discount on 10K CC debt with RBS). Been at it for nearly 1 year now with the CAG letters since work started drying up . Girlfriends HSBC credit card 11K has now been referred to 'Moorcroft precourt division' after reconstituted CA sent by bank. Both accounts opened 10 years ago (complimentary with current accounts so not actually applied for). Is it just a case of cat and mouse with DCAs now?

 

more like rat and mouse

[Poor-Credit Borrower]

I wanted to post this deliberately in a different, but vaguely relevant, thread. What does anyone think of the Debt Elimination company, First Step Finance, actually joining or being a guest of CAG and posting messages themselves in the First Step Finance thread of this forum? They have also offered for people on the forum to e-mail them directly from their user profile (but I can't see quite how to do this anyway).

Any other experiences from those who have gone with FSF for a debt solution, rather than a traditional debt management company?

Please post these in the relevant FSF thread though.

PCB

[pt2537]

I wanted to post this deliberately in a different, but vaguely relevant, thread. What does anyone think of the Debt Elimination company, First Step Finance, actually joining or being a guest of CAG and posting messages themselves in the First Step Finance thread of this forum? They have also offered for people on the forum to e-mail them directly from their user profile (but I can't see quite how to do this anyway).

Any other experiences from those who have gone with FSF for a debt solution, rather than a traditional debt management company?

Please post these in the relevant FSF thread though.

PCB

if they are advertising on the forum then they are in breach of the site rules

 

If i find out they have an account and havent informed Admin first then it will be banned with immediate effect

[diddydicky]

i think your post may get cagbotted anytime soon!

[the main man]

--

Edited March 29, 2010 by the main man

[Poor-Credit Borrower]

Diddydicky, is your recent post directed at me? Does cagbotted mean moving to a different thread or being deleted altogether?

[Desperate Daniella]

Hi PCB,

 

I'm sure other DD will answer that as your question is to him, but I thought your post would be cagbotted because it might have been seen as a possible 'testimonial' for FSF, although I went to the thread and from the horrors you and others have experienced it's clear that you are not saying anything of the kind.

 

I certainly don't think from what I have read that FSF should be approaching anyone by asking them to email directly and then be persuaded to work with this company who, from all accounts, take lots of money from people to go into their 'pot' and then seem to do nothing for months while all that money is accruing interest for FSF.

 

I didn't comment on the thread because Sequenci who is on the site team is already there, but I really can't see that this company can do anything for you that you can't do for yourself for free.

 

These companies arose when people were challenging bank charges and had some success - but so did people who challenged the charges themselves. People on this forum can advise on whether an agreement is enforceable.

 

We have seen from the Carey case that these CMCs were too mean to pay for top barristers so if your cases go to to Court it's very unlikely that you'll get much help from FSF in my opinion. In the meantime, they are paying just £1 a month to the creditors which people can do themselves if they want to, and people are still being chased by phone calls from creditors.

 

I wouldn't touch them with a bargepole, but that is just my opinion.

 

Daniella (so as not to confuse things. )

[Desperate Daniella]

Sorry, in answer to your question, Cagbotted means having a post removed if it breaches site rules.

[Poor-Credit Borrower]

Hi Daniella

 

Nice to hear from you, and thanks. In terms of your last sentence I'm sure your opinion is at least as valuable as anyone else's

 

However, in my particular case, I have already paid at least £1120 to FSF and it's getting to the point that if there's just a slim chance of getting any of that back if I do cancel my standing order, and hence arrangement, with them it will make it more difficult to cancel it. But perhaps companies like FSF are relying on their customers thinking that way. I think only about £40 has gone to creditors so far, which really annoys me...

 

By the way, FSF are an off-shoot of a company that did have some success in reclaiming some bank charges back for me. That company is called First Step Legal (formerly Licit Legal). But as you have said, I could have done all this myself though I wasn't a subscriber to CAG at that time (early 2007).

 

BTW the initials of my real name, not my user name on this forum, are also DD (just to add to the confusion!)

[Desperate Daniella]

Hi PCB,

 

One of the reasons I didn't comment on the thread is I just don't know what you should do here. I'd worked out what you have already paid them which is a staggering amount but I'm not clear what they are going to do with the money and when.

 

When I sent off for my agreements before I joined CAG I was so naive. I thought the card companies would admit if they didn't have an agreement and write the debt off. Doh!!! But, as I said, that was before I joined CAG and had just heard that you could challenge credit agreements and get debts written off.

 

I sent my requests for the agreements in 2008. So far I have had either nothing supplied at all, bits of agreements, agreements sayings t&cs were on the back when clearly they couldn't have been, and one totally unenforceable agreement. In other words, I have no closure on any of them, and they keep getting passed from one DCA to the other. DCAs of course are never told the history of the account by the card company, so you just have to keep sending the same letters back and forth.

 

I can't see FSF doing anything to get you closure either, so perhaps you should ask them how long they think it is going to take them to get a final result, and if they don't get a final result, how much of your money they are going to return to you. Also, for how many months you will be paying into this pot.

 

After six years without a payment the debt will become statute barred BUT ONLY if you have made no payments to the account in that time, so every month that you, or FSF on your behalf, pay that £1 means that six years starts from the last payment. So in theory, FSF can keep taking monthly payments ad infinitum.

 

I know this is slightly off topic for this thread, but we have some very good people subbed here and I think their input will be useful about how to deal with your situation with FSF.

 

One final thing: if you do decide to stop your standing order, get a new debit card and number. I saw your concern about FSF helping themselves. This might not happen, but better to err on the side of caution.

 

Daniella

[Poor-Credit Borrower]

Hi Daniella,

 

I thought there was a time limit, say 40 days, for the creditor to provide a satisfactory executed agreement. If one of them is totally unenforceable then presumably you can regard it as "written off"? Bits of agreements are not satisfactory either, and they have had plenty of time to supply the full agreement.

 

Going back to FSF, one creditor has supplied a valid agreement, but FSF are now querying the payment protection insurance. This should be a separate thing though, and the DCA of this creditor have said that the PPI is with a separate company and not part of the debt itself. Rightly or wrongly, I have just made a token payment of £12 to the DCA towards the creditor account from my debit card. They said that FSF have not paid anything at all since the DCA started administering it in July last year.

 

The DCA, the creditor itself and a major credit card provider who I owe money to have al suggested using the CCCS to pay my debts and they said the original creditor would accept a reasonable amount based on my current disposable income. They said that FSF are just trying to get debts written off where there is often no chance of doing so, and while this is going on FSF are obviously receiving money from me.

 

Two small "payday" loans have been written off, but one of them seemed a rather amateurish company anyway.

 

I don't think I can cancel the standing order payment due on the 1st April, because I won't have any alternative arrangment in place for about a month. And some might start serious proceedings in that time...

 

Thanks again,

PCB

[diddydicky]

Diddydicky, is your recent post directed at me? Does cagbotted mean moving to a different thread or being deleted altogether?

 

both - i think it was the link the site would have been worried about, not you

 

isee they have noticed it

[Poor-Credit Borrower]

My post is still there DD (meaning diddydicky), if you look on the page immediately previous to this, page 845. If it's the one dated yesterday at 16:52 you're referring to.

[diddydicky]

My post is still there DD (meaning diddydicky), if you look on the page immediately previous to this, page 845. If it's the one dated yesterday at 16:52 you're referring to.

 

yep- the site team have dealt with the matter you raised

[MAGDA]

Could someone give me their opinion on these CA's please. I think the loan one is probably enforceable, doesn't have the Interest rate, just the APR, but looking at a post from Peterbard on this subject, I don't think this was a requirement back then. The other two are application forms, but the accompanying t&cs (will post these as well shortly) for the personal reserve do not state an interest rate either - this was signed 1998.

 

These aren't my accounts, just looking at them for someone as a favour, so don't want to advise them to think they are unenforceable when they aren't. The second image is the wrong way up, will change that and re-post:rolleyes:

 

thanks for any help. Magda

 

http://img402.imageshack.us/img402/8407/ms3f.jpg

http://img532.imageshack.us/img532/4063/ms2g.jpg

http://img408.imageshack.us/img408/2205/ms1x.jpg

[Desperate Daniella]

Hi PCB,

 

Yes, there is a limit but the banks/card companies all ignore it. They should write off an unenforceable agreement, but they don't -they just pass it backwards and forwards between DCAs. You can write to them and point all this out, and they will just ignore you, and carry on regardless.

 

I never took out PPI, but if the amount charged is included in the total the DCA is claiming it is obviously part of the debt. Others will advise on mis-sold PPI, but you can challenge that yourself.

 

If this DCA has a valid credit agreement, why are you paying them? Surely this money should be coming out of the FSF pot? Especially if FSF are likely to be getting the mis-sold PPI refunded.

 

I really think you have to ask FSF the questions I suggested above.

 

You may well have agreements which are enforceable as the DCA and the other creditors say - but there again they might not be. Have you got threads for each of them? If so, post the links and I'll have a look.

 

Daniella

[cupcake68]

Could someone give me their opinion on these CA's please. I think the loan one is probably enforceable, doesn't have the Interest rate, just the APR, but looking at a post from Peterbard on this subject, I don't think this was a requirement back then. The other two are application forms, but the accompanying t&cs (will post these as well shortly) for the personal reserve do not state an interest rate either - this was signed 1998.

 

These aren't my accounts, just looking at them for someone as a favour, so don't want to advise them to think they are unenforceable when they aren't. The second image is the wrong way up, will change that and re-post:rolleyes:

 

thanks for any help. Magda

 

http://img402.imageshack.us/img402/8407/ms3f.jpg

http://img532.imageshack.us/img532/4063/ms2g.jpg

http://img408.imageshack.us/img408/2205/ms1x.jpg

 

Hi Magda

 

Not sure if it will help but here is a link to my thread re m and s reserve account.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/197653-cupcake68-m.html

 

Cupcake

[MAGDA]

Hi Magda

 

Not sure if it will help but here is a link to my thread re m and s reserve account.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/197653-cupcake68-m.html

 

Cupcake

 

Thanks cupcake, will take a look.

 

Magda