Cap1 & CCA return

[tamadus]

Hi folks,

 

Just a flying visit as I'll be back in later to catch up.

 

Thought you would all like to go visit the Number 10 petition site and sign this petition

 

We the undersigned petition the Prime Minister to Instruct the Office of Fair Trading to use their powers to compel banks and credit companies to automatically refund penalty charges.

 

I'll be back

[Guest The Terminator]

m55: Well look at your email again later and post back.This may be of help to you a friend at work whose another Mbusa hater showed me something that was very interesting.A pre-approved application form/agreement that he received some years ago.Now am I missing the plot here but how can you be pre-approved for credit if you haven't applied.Perhaps somebody could answer this.

[Guest The Terminator]

Hi folks,

 

I'll be back

 

Sorry that's my line:D

[tamadus]

Folk

 

A quick question for anyone - I'm trying to help a cagger - accepting the risk that a creditor can pull a fully executed agreement out of the bag 3 months or more after the 12 days and get a court permission to exercise his rights -

 

If the debt is part of a dmp (CCCS) and the creditor cannot respond to a CCA s77-79 - can the cagger pull the unenforceable debt out of the dmp?

 

Thanks

 

I already have stopped payments from a CCCS plan to one CCP that has failed to send anything other than an application form. The total into the plan will not change but that little bit will be spread over the remaining creditors.

[Seahorse]

m55: Well look at your email again later and post back.This may be of help to you a friend at work whose another Mbusa hater showed me something that was very interesting.A pre-approved application form/agreement that he received some years ago.Now am I missing the plot here but how can you be pre-approved for credit if you haven't applied.Perhaps somebody could answer this.

 

Something similar to my pre-approved application form that I shoved on here a day or two back, from Barclaycard?

[FANTASY CHARGES]

m55: Well look at your email again later and post back.This may be of help to you a friend at work whose another Mbusa hater showed me something that was very interesting.A pre-approved application form/agreement that he received some years ago.Now am I missing the plot here but how can you be pre-approved for credit if you haven't applied.Perhaps somebody could answer this.

 

so if you are pre-approved does this mean ???

 

1) that joe credit card has done random credit searches and found you as a good safe prospect to lend to

2) someone has "SOLD" YOUR DATA on

3) how has joe credit got this info ????

 

if you had on line access to say creditexpert any credit search would be logged

[Seahorse]

so if you are pre-approved does this mean ???

 

1) that joe credit card has done random credit searches and found you as a good safe prospect to lend to

 

Hardly. I was on £45 a week not long before hand and had more missed payments in my file than you could shake a stick at.

 

2) someone has "SOLD" YOUR DATA on

 

What a scandalous suggestion!!!!

 

3) how has joe credit got this info ????

 

NOW what are you suggesting??????

 

if you had on line access to say creditexpert any credit search would be logged

 

Seahorse

[m55dlc]

Term

 

Things are afoot re my non-mbna thingy. Being cagy and will email later. My insurance policy has gone up in value!

 

Kids and dinner, then I'll email you.

[Guest willowb]

Sorry that's my line:D

PMSL!!!!! :D

 

 

ahem....sorry, carry on...

 

Wxxx

[baileyboy]

In my case, I was sent a Pre-Approved Application form in place of a copy of the CCA. Begs the question - how can I have been pre-approved when it says in small print - subject to status?

 

Indicates that yes I can have a card, but... err. maybe not.:?

[FANTASY CHARGES]

Folk

 

A quick question for anyone - I'm trying to help a cagger - accepting the risk that a creditor can pull a fully executed agreement out of the bag 3 months or more after the 12 days and get a court permission to exercise his rights -

 

If the debt is part of a dmp (CCCS) and the creditor cannot respond to a CCA s77-79 - can the cagger pull the unenforceable debt out of the dmp?

 

Thanks

AS PER ...... THIS THREAD EARLIER

 

THE AMOUNT OF MONEY PAID IN STAYS THE SAME JUST MORE OF IT FOR THOSE IN THE POT "ACCORDING TO THE EARLIER POSTS ON THIS THREAD"

[zubo]

All

 

sincerely appreciate the comments

 

thanks

[Seahorse]

In my case, I was sent a Pre-Approved Application form in place of a copy of the CCA. Begs the question - how can I have been pre-approved when it says in small print - subject to status?

 

Indicates that yes I can have a card, but... err. maybe not.:?

 

Legally bound to have that on an application, pre approved or not. And I suppose your status would determine the credit limit. However, in Barclaycard's case, they seem to have been under the impression that the application itself WAS the agreement. Were their legal team asleep when all that was happening????

[Mike220359]

Has anyone got a link to SI 1983/1553, Consumer Credit (Agreements) regulations 1983. Or a copy I can download, mine's gone missing.

 

Mike

[m55dlc]

How certain are we that the T&C's supplied with a s78 request need to be the same as supplied with the original? Then, without the signed statement, these MUST mean non-compliance? Anybody want to refute that? I've got illegible T&C's and have been given another copy which predate them.....

[Smoothy]

The current T&C's referred to in your original agreement must be included under a sec78 request as they grant the creditor the power to change the T&C's over time. If they didnt prove that they had this ability and that you agreed with this by signing then how can they impose updated T&C's and expect the consumer to comply with them?

 

We all know that t&c's include a provision for the creditor to alter the t&c's as they see fit as long as they give notice. But, an executed agreement must include the t&c's at the time of signing. By sending the most current ones, how can they show that this provision was included in the version that you signed when the agreement was made?!

It may be a standard inclusion in most t&c's but standard doesnt make it a fact!

[m55dlc]

That is how I see it smoothy, but the T&C's supplied actually pre-date the ones supplied with the agreement. All I'm thinking here is how sure are we on this point?

[bfb]

that was the point I made re the s85 copy of the executed agreement - the original right to vary is always part of the up to date terms and conditions otherwise there is a total reliance on one side of the contract's view

[Smoothy]

I have tried to use this as an argument but as i can show no precedence its like talking to a wall. They are right theyve always said they are right and if i dont believe them then they will be prepared to receive court papers. Although tempted, I refrain from legal action because ego sum ignavus!!!

If there were difinitive evidence showing what the creditor must conform to, I for one would file straight away, as it is, I am in a stalemate situation that only a court can resolve.

[m55dlc]

Smoothy, don't worry, I'm going to get that precedent set (or unset as the case may be). AQ's due in a week and we're talking non-compliance of s78, therefore not allowed to pursue debt as defence stage 1. Stage 2 includes s85, stage 3 includes attacking copy sent, stage 4 involves ....... erm, probably paying!!

[Smoothy]

It would certainly be nice to know one way or the other. We all seem to interpret the CCA much the same way but some terms are slightly amibiguous and can be misinterpreted. What dates the case set for and where...I would be intrested in observing!

[FANTASY CHARGES]

I have tried to use this as an argument but as i can show no precedence its like talking to a wall. They are right theyve always said they are right and if i dont believe them then they will be prepared to receive court papers. Although tempted, I refrain from legal action because ego sum ignavus!!!

If there were difinitive evidence showing what the creditor must conform to, I for one would file straight away, as it is, I am in a stalemate situation that only a court can resolve.

 

 

why is it every time i mention that logically terms and conditions ought (legally) have to have a date at least something like 11/99 in the bottom corner --- i get ignored !!!

 

 

by comparison of the ever increasing % charge for cash ( the period when their was an annual fee etc ) we [the one that saved all the apparent crapp now aka "jewels"] can guestimate approx what PERIOD IT IS FROM

 

-------------------

 

REMEMBER LIKE FOULSHAMS ALMANAC ASK FOR THE ORIGINAL

 

TERMS AND CONDITIONS DO NOT ACCEPT IMPERSONATIONS

 

AND YOU WANT TO SEE THE BACK OF THE TERMS AND CONDITIONS

[m55dlc]

We're still at pre-AQ stage, but I've rattled the cage of the DCA and so they're pretty annoyed at me and will go to the nth degree I suspect.

[m55dlc]

Good point fantasy, but every set of T&C's I have seen do contain a date on them.... mm/yy, thats how I realised the T&C's are not the ones in force at time of signing

[FANTASY CHARGES]

Good point fantasy, but every set of T&C's I have seen do contain a date on them.... mm/yy, thats how I realised the T&C's are not the ones in force at time of signing

 

 

THEY DO NOT ALL CONTAIN CLUES