Cap1 & CCA return

[AnimalMagic]

Someone's started a thread over in the mortgage forum specifically about s140

[AnimalMagic]

My Lloyds account does not have this restriction, and no charges for anything, provided you maintain any credit balance. Not sure if still available, as was 07 when I took account out.

tedney

 

I might well investigate this then. They are a local bank for me... Thanks for that.

[Desperate Daniella]

Sorry, I didn't know about the charges or the £1000 balance. That seems a lot!!

 

Like you, I'm involved in litigation and it costs a lot of money, and it all adds to the stress. I've been there with noisy neighbours in the past and it makes life unbearable. Years ago you could call the police round and they'd come and shout at them, but sadly no more.

 

How normal people are supposed to live in this country with excessive charges for everything is completely beyond me now.

[Poor-Credit Borrower]

AnimalMagic,

Firstly, if you or your wife were (significantly) ill at the time you can claim exceptional circumstances, and if you have any missed payments on your Credit File you can put in a notice of correction saying that illness prevented some payments which would otherwise have been regular.

 

There are other bank accounts for those that take on anyone too, e.g. a Flex account for Nationwide (which I have) in which you're not allowed an overdraft and you cannot get a cheque book, but you do get a facility for direct debits or SOs. Be careful that a DD or SO doesn't take you overdrawn - for obvious reasons. There is also a Step Account for one of the major banks but I've forgotten which one.

 

Now, I have a question and I hope this is the right thread. Have a secured loan with GE Money dated late April 2007, but in my opinion it was given irresponsibly and there may possibly be a defect in the handwritten agreement. Think, for example, that the broker had asked me to say I earned more than I actually do (think it was probably "self-cert"). Do you think I could at least investigate whether or not it is a fully executable agreement? Obviously I have been making the required monthly payments as it is secured.

Edited April 22, 2010 by Poor-Credit Borrower
grammatical

[Poor-Credit Borrower]

P.S. with the Nationwide, there is no minimum balance required as long as your account is in credit. I have just over £5 in there at the moment! It's not the bank that my wages get paid into, by the way, and I only keep it open so that my sister can pay me back money she owes me, as it's one of the few banks it's convenient for her to get to. But that is another story!

[Mightyacorn]

Hi AnimalMagic,

 

Like you I had a perfect credit rating for 30 years and like many people here a lot of what then went wrong was due to circumstances beyond my control.

 

I know that some people have been putting forward the irresponsible lending argument but I'm not certain how anyone has been getting on. It would be good to know if anyone has actually won on this.

 

You can get a bank account. The Co-operative Bank take anyone apparently - people who have been bankrupt, people on charging orders, anything I believe. You'd have to ask them, but from what I've read here they are very good about opening accounts for people with bad credit ratings. I gather you don't get a cheque book, there is no overdraft facility, and I don't think they've got that many branches, but you do get a debit card so can pay your bills like that or draw cash on it. Hopefully they'll be able to help you.

 

DD

 

And Halifax too, no charges, no overdraft facilities, no minimum balance just a Visa Electron card, and you can apply on line.

[Desperate Daniella]

One thing to watch though when choosing your new bank:

 

If you are challenging a credit agreement, make sure your new bank has no connection with it. These days they are all under groups, and many of these groups have the right to offset and get funds from one bank in the group for another.

 

So if you have an issue with Bank of Scotland, don't go for Halifax, for example. Other banks may be affiliated with store cards. You'll need to check to see who is in each group, because you don't want to open your new account and find that another member of their gang can help themselves to your money.

[lexis200]

One thing to watch though when choosing your new bank:

 

If you are challenging a credit agreement, make sure your new bank has no connection with it. These days they are all under groups, and many of these groups have the right to offset and get funds from one bank in the group for another.

 

So if you have an issue with Bank of Scotland, don't go for Halifax, for example. Other banks may be affiliated with store cards. You'll need to check to see who is in each group, because you don't want to open your new account and find that another member of their gang can help themselves to your money.

 

Hmm, ok.

 

I need a bank not affiliated with Halifax, BOS, Lloyds, Cap1, Egg, RBS, Goldfish, MBNA, Citi or the Co-op. Have I limited myself a little?

[tedney]

 

I need a bank not affiliated with Halifax, BOS, Lloyds, Cap1, Egg, RBS, Goldfish, MBNA, Citi or the Co-op. Have I limited myself a little?

 

Perhaps we could start a "family tree" between us, identifying connections between all banks and DCA's:idea:

[enoughisenough]

I am also with Nationwide after getting fed up with Barclays nabbing money from my account for an unenforceable credit card, putting into the red and charging me for that. I reckon Barclays have helped themselves to 2K + of may cash since i got my charges refunded just before the stay came in.

 

Nationwide won't charge you. But it's a nightmare trying to get things paid as they only give you a cash card. They said I could have chip and pin after six months of regular payment but when I asked they didn't tell me they would do a credit search and then declined it. WTF is wrong with giving me a chip and pin? It's a nightmare when you've done a big shop and it comes over what you are carrying in cash.

[Dotty50]

Hmm, ok.

 

I need a bank not affiliated with Halifax, BOS, Lloyds, Cap1, Egg, RBS, Goldfish, MBNA, Citi or the Co-op. Have I limited myself a little?

 

Probably!

 

What cards are affiliated to Nationwide?

 

Family tree sounds like a very good idea to me.

[Desperate Daniella]

And don't touch Barclays either, Lexis, as they own Goldfish.

[Desperate Daniella]

I do think a family tree is a good idea though. I'd start a thread, but I think it needs to be done differently with a list under each bank of their affiliated companies, and maybe a list which could be updated every time a new DCA is heard of in relation to each bank, because clearly they all move the accounts around a large number of different DCAs.

[alisindebt]

Great idea! Maybe also add in the typical behaviour/profile of the DCAs, so people can know what to expect!

[Desperate Daniella]

That's an even better idea:

 

Moorcroft - easily seen off.

 

AIC - :eek: but can still be seen off.

[Desperate Daniella]

I've hit the red triangle asking if the site team can set one up.

[lexis200]

That's an even better idea:

 

Moorcroft - easily seen off.

 

AIC - :eek: but can still be seen off.

 

I love playing with moorcroft - they shout so loudly but then slink off so quickly when you say 'boo'

[Kate987123]

I love playing with moorcroft - they shout so loudly but then slink off so quickly when you say 'boo'

 

So glad to hear this - am currently dealing with Moorcroft so hopefully they will back down soon

[lexis200]

Probably!

 

What cards are affiliated to Nationwide?

 

Family tree sounds like a very good idea to me.

 

And don't touch Barclays either, Lexis, as they own Goldfish.

 

You'd think really they'd want all of us as customers as clearly we make them a ton in charges etc (obviously before we tell them they've had their lot:D)

 

I like the idea of adding in who has been contacted by what DCA on behalf of what OC. That would be handy for us, but also invaluable to newbies. If I'd been able to see a list of DCA's along with an outline of how they normally act (ie generally easy to get rid off/requires a bit of work/likely to take you to court) when I started I think it would have taken a fair bit of stress away.

 

Obviously a quick search does show what people have found with various DCA's, but a catch-all thread would be handy.

 

The only problem I can see is that we all say something along the lines of 'Moorcroft are nothing to worry about and will run away as soon as you show you know what you're on about', and then they turn round and decide to play hard ball with someone who's not expecting it.

 

If it's simply done as a series of personal experiences though I would think it'd be ok. Something along the lines of:

 

DCA - Blair, Oliver and Scott

Original Creditor - Bank of Scotland

Harassment - phone, although they did back off after a few times telling them not to call

Letters - have sent normal demands, Notice of Intended Prosecutions and threats of doorstep callers and bailiffs.

Easy to deal with? - they are persistent but seem toothless. Do not appear to follow through with threats, especially when confronted (ie. silence after CPR letter sent). May disappear for a while then turn up again to start fresh!

 

What do you think?

[tedney]

If it's simply done as a series of personal experiences though I would think it'd be ok. Something along the lines of:

 

DCA - Blair, Oliver and Scott

Original Creditor - Bank of Scotland

Harassment - phone, although they did back off after a few times telling them not to call

Letters - have sent normal demands, Notice of Intended Prosecutions and threats of doorstep callers and bailiffs.

Easy to deal with? - they are persistent but seem toothless. Do not appear to follow through with threats, especially when confronted (ie. silence after CPR letter sent). May disappear for a while then turn up again to start fresh!

 

What do you think?

How about OC, list of linked banks/cards etc. then a checklist for significant events, e.g. DN from OC, Faulty/Could be Faulty/? Passed to DCA afte x days, Linked DCA?(part of same group), Passed to Solicitor, linked S or not) etc etc.

Just my initial thoughts

t

[lexis200]

Sounds good to me:)

[roygoodbeat]

Many thanks for peoples help an earlier page.

 

Had my allocation Hearing on Tusday. The opposition solicitors have stated that they have no other information to give me. So in other words,

 

1) No copy of the default notice or proof of postage, only a template of this without the details filled in

2) Only an illegible front copy of an application form/ consumer credit agreement- No original, only a microfiche copy

3) Reconstructed CCA of both the said original and current terms

4) Another version of the T&C's, without my name and address (Exactly the same wording as the reconstructed original) of what would have appeared on the reverse

 

Although it was not mentioned, they have a copy of the Waksman ruling to hand. The case is now going through a fast track (Under 5k) and I have to submit a new defence within 21 days. The DJ allowed me to amend my original embarassed defence to take into consideration that no other documents will be forewith.

 

Any advice would be appreciated!

 

1) This is a front copy of the said agreement, which clearly states application form, but is almost illegible in places.

 

http://i663.photobucket.com/albums/u.../agreement.jpg

 

2) They have supplied a reconstructed credit agreement, not a copy of the original. They have supplied two versions, this one here and another. The other does not have my name and address on, but it has been given to me based on what would have appeared on the reverse.

Page 1:

http://i663.photobucket.com/albums/u...onstrcted1.jpg

Page 2:

http://i663.photobucket.com/albums/u...onstrcted2.jpg

Page 3:

http://i663.photobucket.com/albums/u...onstrcted3.jpg

Page 4:

http://i663.photobucket.com/albums/u...onstrcted4.jpg

Page 5:

http://i663.photobucket.com/albums/u...onstrcted5.jpg

Page 6:

http://i663.photobucket.com/albums/u...onstrcted6.jpg

 

Prior to the hearing I made CPR request but they did not send this. Prior to putting any my defence I request all the info under CPR 31.6, which they failed to respond.

 

Copy of last letter before I went to the allocation hearing:

 

Dear Sir/Madam,

I refer to your letter dated 8 th February 2010, received today 11th February, the contents of which have been noted. In response to your comments and my recent requests, I would like to remind you of the following.

1) I respectfully request that you provide me by return a copy all parts of the credit agreement which bears my signature. The copy that you have sent is illegible and does not contain the original terms and conditions. I must stress this request is

NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure

Rules ( Pre action protocols and Part 31.16) and therefore an illegible front copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances. Despite my request for this, you continue to ignore this request which was made under Civil Procedure Rules. You have not sent a copy of the reverse side of the original application form or any other document that may be referred to. I require a clear copy of both front and back, along with any other documents referred to. I also require confirmation that you have the original document.

 

2) I have requested full copies of all documents that you intend to rely on court which you have appeared not to send everything. I also require confirmation of which documentation you intend to rely on in court in pursuant to the Civil Procedure Rules (CPR 18 & CPR 31.14). You have not responded to this request.

 

3) I requested a copy of the default notice, along with proof of postage. You have failed to send this. I require a copy of this, along with proof of postage.

 

I must draw your attention to Civil Procedure Rules part 31.16(3)©&(D) which gives the court the power to order you to disclose this information to me. The disclosure of these documents will allow me to consider any claim I may have against your organisation. You are preventing me from making a defence and you are frustrating proceedings.

 

If you fail to comply with my request I will be left no option but to make an application to the Court for an order made under the provisions of CPR 31.16 ordering you to disclose the documents which I have requested.

 

I need help with a defence. Any ideas or advice? Thanks.

[lexis200]

Sorry Roy, can't help with a defence, but with what you've written I'd lay money on someone coming up with something cracking for you. They really are chancing their arm with this one aren't they??!

[Desperate Daniella]

I agree with Lexis. I'm sure someone will come up with a good defence for you.

 

DD

[Desperate Daniella]

Hi Kate,

 

Moorcroft could turn nasty, any DCA could, but from reading experiences on this forum if you have an unenforceable agreement or no agreement they will tend to send you three letters and then send you back to where you came from.

 

The really nasty ones are the ones who come up with out-and-out lies to try to get you to pay.

 

Most of them don't know a thing about the CCA 1974 so quoting that at them usually helps, although one bright girl who was shouting at me said, "What's that got to do with it?" I wrote to the company in question suggesting that further staff training could be in order, and got a most apologetic letter back saying that it was "so unusual for one of their staff to behave like that".

 

DD