Cap1 & CCA return

[Guest The Terminator]

I see where you're coming from. I'm rattling my sabre, and as such warning them that it is coming. However, I personally (i.e. ME) am not making this threat, m55dlc is making this threat, I'm just threatening to threaten them with this. I'm well aware of where the law sits with regards to sending out these emails, and to what repercussions there may well be. And, the whole arguement regards ethics, whereas I am aware where the line is with regards to practices that are acceptable, and where an organisation oversteps that mark and goes above and beyond what is legal, ethical and right.

 

We may well not be able to beat them in individual cases, but we will not have our grievances swept aside. If we need to join forces to defeat them and get what is rightfully ours, then we should. We have a large CCP here that is flouting laws in a wholesale and continuing manner. I stopped having telephone conversations with these people as they do not make the slightest bit of difference. I get letters, and each and every one of them is in breach of acts of parliament and / or guidelines.

 

I'm sick of it, sick of them. I know they are retrospectively executing agreements as we speak with a rubber stamp.... where the hell is the legal system when you need it. We have a CCP falsifying documents on a wholescale basis to avoid court action.

 

Actually M55 I like the idea of a mass e-mail like one that blows all their servers up,erases everybody's account details and all the back-ups.But the best bit would be when the bigwigs log into the system the three minute warning starts then stops at the final second.Then a pop up appears with the message "What's it like being wound up like all of your customers".M55 your the IT expert go for it:)

[un1boy]

Who do we get to "press charges" against them then? The courts?

 

Have we any idea on the POC's?

 

Feel free to PM me if it's better....

[progenic7]

Hi all,

 

sorry to jump in half way through, but am i right in thinking that some companies out there maybe altering agreements if they are found to be incomplete ?

please tell me im wrong !

[m55dlc]

Hi all,

 

sorry to jump in half way through, but am i right in thinking that some companies out there maybe altering agreements if they are found to be incomplete ?

please tell me im wrong !

 

Someone a couple of pages back has an MBNA agreement the same as mine, but theirs has a rubber stamp signature and a date on it. I have mine before, they have theirs now. What we need is someone completely fresh to send in a s78 to MBNA to see if theirs now comes back with a signature.

[m55dlc]

Actually M55 I like the idea of a mass e-mail like one that blows all their servers up,erases everybody's account details and all the back-ups.But the best bit would be when the bigwigs log into the system the three minute warning starts then stops at the final second.Then a pop up appears with the message "What's it like being wound up like all of your customers".M55 your the IT expert go for it:)

 

I can give you a little .exe to run that will send out emails for you. You have a list of email addresses in one .txt file and the body of the email in another txt file and hey presto. It will send them out. We could get all of the MBNA email addresses, along with the Cap 1, Barclaycard etc and get loads of us to send them out. Imagine it, we have 30 people from this thread sending repeated emails to these buggers and crash their email servers........

[progenic7]

m55dlc

 

i did request my original agreement in my SAR which i adapted with the help of battleaxe and made very specific. Guess what they didnt comply and are in breach of the DPA, i am in the process of (possibly with a few others) of taking them to court for on compliance.

But i want my agreement as well as statements, its all a long winded process though huh.

we'll win in the end

[FANTASY CHARGES]

I can give you a little .exe to run that will send out emails for you. You have a list of email addresses in one .txt file and the body of the email in another txt file and hey presto. It will send them out. We could get all of the MBNA email addresses, along with the Cap 1, Barclaycard etc and get loads of us to send them out. Imagine it, we have 30 people from this thread sending repeated emails to these buggers and crash their email servers........

 

 

it's called denial of service

 

"Denial-of-service (DoS) attacks, where hackers overload networks with data in an effort to disable them, have risen 50%, a security report says."

 

 

Denial of service threatens everybody - vnunet.com

[m55dlc]

it's called denial of service

 

"Denial-of-service (DoS) attacks, where hackers overload networks with data in an effort to disable them, have risen 50%, a security report says."

 

Yes, and slightly the wrong side of legal....

[FANTASY CHARGES]

Consumer Action Group

 

This site is temporarily unavailable.

Please notify the System Administrator

 

2

I think the MIB's have just done a denial of service on us

 

 

lock em up !!!

[meagain]

Still, at least you won't have to worry about the debt collectors chasing you. With the fine you'd get for that you'd be made bankrupt

[zubo]

I can give you a little .exe to run that will send out emails for you. You have a list of email addresses in one .txt file and the body of the email in another txt file and hey presto. It will send them out. We could get all of the MBNA email addresses, along with the Cap 1, Barclaycard etc and get loads of us to send them out. Imagine it, we have 30 people from this thread sending repeated emails to these buggers and crash their email servers........

 

Nah, that is way tooooo tame,

 

lets beef this idea up a little....

 

convert your exe into a nice little web application, wrap a pretty website around it offering free cash of $100 to the first 10,000 free subscribers (but you lied because its unlimited) and watch the smoke come out of those sweet servers....

 

ok techsqweek over

 

Z:D

[TideTurner]

I'm sure we have an IP address for the offenders. Major DOS's involve pointing servers at specific sites via viruses (using proxy's and others IP addresses). Tune up the firewall and inform the culprits that the relevant authorities will be informed of their conduct. BTW, an IP address may be split between countries if the company to whom it was assigned has branches abroad, including USA. Normally, 10% of IP adresses are assigned abroad with Corporates.

 

Can my donation go towards nailing these b's please.

 

Tide

[m55dlc]

Anyway, the email thing is better than the IRA style bombing campaign the other side of my split personality keeps on trying to make me do. Now, where did I put that semtex

 

NB This is a joke post, it is meant as a joke and in no way can be misconstrued that I wish to cause damage and harm to people or property. Oh, and when the US spooks and MI5 read this as it contains the words semtex and IRA, I am joking.

[InKogneeToh]

Hi, sorry to interrupt, but didn't think my question needed a dedicated thread.

 

Does the Consumer Credit Act apply to bank accounts? i.e i owe Barclays 1000 (overdraft which they closed) and they have passed the debt to Scotcall, so i sent a CCA to them, is this in error?

 

Hi

 

The CCA does not cover the current account but an overdraft does fall under the CCA. However, overdrafts are exempt from the agreement regulations and so there is no regulated agreement drawn up as in the usual sense. The bank are only obliged to send you written notice of the OD limit, charges applicable and info. on how to cancel the arrangement. Therefore there would be no 'copy agreement' for them to send under s77/78. It would fall under the 'if any' part of those sections.

 

Regards, Pam

[InKogneeToh]

Oh b****r! The site keeps going down and I had to resubmit the post and now it's duplicated. Sorry!

[meagain]

Anyway, the email thing is better than the IRA style bombing campaign the other side of my split personality keeps on trying to make me do. Now, where did I put that semtex

 

NB This is a joke post, it is meant as a joke and in no way can be misconstrued that I wish to cause damage and harm to people or property. Oh, and when the US spooks and MI5 read this as it contains the words semtex and IRA, I am joking.

 

Step away from the DVD player. Put the Spooks series 1 box set down, I repeat ...

[InKogneeToh]

Hi, I want to request my credit agreements back, have had a look in the templates library and I apologise if I am asking something someone has most probably asked before, but is there a template letter for this? I want my letter to sound as professional as poss. Also I have to enclose a £1 fee is this right? I have reested two of them verbally but I can see that is going to be a complete waste of time. Have also sent SARs for most of these accounts too, am currently still waiting for them as well!

 

Thanx

 

Hi, and welcome to CAG

 

It is possible that your SAR may turn up copies of the agreements but I think you should also send the CCA request as well - just so they get the massage. The template you need is letter 'N' on the following link. Send it recorded delivery with a £1 P.O. or cheque.

 

Regards, Pam

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

[InKogneeToh]

I still have yet to get my CCA from cap one and think its about time that I filed a claim as they have now defaulted. Without having to re-read all of this thread can someone please let me have access to wording for the POC. Also is there anything that I need to do first before doing this. I have to admit that I have been flicking in and out of this thread but not been giving it my full attention and for that I apologise.

 

Any help here would be useful.

 

Tanz

 

Hi

 

Sorry no-one has responded to you yet and also apologies if I'm missing the point but what exactly do you want to claim - if it's about the creditor being in default of your CCA request, there is no civil recourse for this - it's a criminal offence but we haven't yet been able to find out which authority has the power to prosecute!

 

Can you give any more details as to what you want to achieve?

 

Regards, Pam

[zubo]

Hi

 

Sorry no-one has responded to you yet and also apologies if I'm missing the point but what exactly do you want to claim - if it's about the creditor being in default of your CCA request, there is no civil recourse for this - it's a criminal offence but we haven't yet been able to find out which authority has the power to prosecute!

 

Can you give any more details as to what you want to achieve?

 

Regards, Pam

 

Tanz

 

I'll second Pam's apology, we have been too busy having a light hearted bit of fun.

 

Pam - as I read it - Tanz simply wants the Court to order the CCP to supply the fully executed agreement and put an end to his uncertaintity. Not unreasonable.

I recall reading a thread where someone has been to court to get the Bank to satisfy his SAR request. The Court did not think that they could do that but they can and did. The Cagger put in a nominal claim for £30 to achieve it.

Could we not do similar, but include in the claim that if the CCP did not meet the Order then the Court declare that the agreement and any associated contract be voided and the CCP would need to Consolidate from the date of commencement of the unexecuted agreement.

It would appear to be the next logical step.

 

Comments?

 

Z

[InKogneeToh]

Hi Guys-

The following is my letter to MBUSA...I welcome your views:)

 

 

"Mr. Gavin Theobald

Customer Advocates Office Manager

Insurance Services Department

MBNA Europe Bank Limited

Chester Business Park

Chester

CH4 9YR

 

Dear Mr. Theobald,

 

REQUEST UNDER THE CONSUMER CREDIT ACT 1974

 

Thank you for your response to my letter dated 13 December 2006. Unfortunately this does not fulfill your obligations under the above request for a number of reasons. I therefore I must inform you that MBNA are still to comply with my original request, as specified under section 78 of the Consumer Credit Act 1974.

 

There are a number of issues with the document you have provided to me, primarily (but not limited to) the fact that this is a torn off section of an application form, not an agreement, it does not have all the prescribed items present, it contains a large proportion of illegible text due to the quality of the copy and does not contain a copy of the applicable terms and conditions.

 

May I also remind you, that you must supply me with the signed true and certified copy of the default that you state was sent to me, showing my address and proof of posting, a default that you have unlawfully registered against me with the Credit Reference Agencies.

 

You are now required to remove any data relating to me (The Data Subject) that you have supplied to any Credit Reference Agencies in its entirety. This request is made in accordance with the Consumer Credit Act 1974 (Sections 77 – 79). This is not correct - s77-79 makes no stipulations regarding data.

 

In addition I have already served MBNA with Statutory Notices to cease and desist from disclosing my personal data pursuant to Sections 10 and 12 The Data Protection Act 1998.

 

For the avoidance of doubt, I enclose a further Statutory Notice pursuant to Sections 10 and 12 of The Data Protection Act 1998 – Data Subject Notice.

Take notice, that I have withdrawn my consent from MBNA Europe Bank Limited to process my data. Therefore, I demand that you (MBNA) cease to disclose any data to any third party including, but not restricted to, Equifax plc, Experian Ltd, Callcredit plc and;

Instruct Equifax plc, Experian Ltd and Callcredit plc to remove all data pertaining to your records on me, to the extent that no data entry in relation to MBNA Europe Bank Limited will exist on my credit files.

 

Furthermore, I intend to issue legal action against MBNA for the mis-selling of my Payment Protection Insurance and associated Unlawful Penalty Charges plus compounded interest Please take notice that I will petition the Court to have the Unwarranted, Unjustified Default removed from my Credit Reference Agency Credit file if you fail to remove it.

 

I hope that I have made my position clear and expect a written confirmation from you acknowledging the contents of this letter within 5 working days, as per the requirements of section 15.3 of The Banking Code.

 

Yours sincerely,"

 

I sent the above letter one month ago and have not even received an acknowledgement, let alone a reply. Therefore, it looks as though MBNA are either lying in the long grass again, or they are ignoring me!?

 

Next step?

 

TS have suggested that I CC all my letters and send them again...what do you guys think.

 

The situation is begining to get personal with the MBNA charmers

 

Love AC

 

Hi

 

I have made a comment in your text above.

 

Also this whole issue regarding consent to process is a tricky one, with the ICO taking the view that if a creditor has a financial relationship with you then he can process relevant data under the DPA as it falls within the scope of the 'legitimate interest' criteria.

 

Also, if an agreement turns out to be unenforceable without a court order or even totally unenforceable, that does not mean that the debt does not exist - therefore it is arguable that some of the data is accurate. However, if no copy of an actual agreement of any kind is produced then the creditor would have to prove that there was a debt to begin with. IMO this whole thing turns on what the courts would rule on the status of an application form that is being put forward as an agreement.

 

Regards, Pam

[InKogneeToh]

Tanz

 

I'll second Pam's apology, we have been too busy having a light hearted bit of fun.

 

Pam - as I read it - Tanz simply wants the Court to order the CCP to supply the fully executed agreement and put an end to his uncertaintity. Not unreasonable.

I recall reading a thread where someone has been to court to get the Bank to satisfy his SAR request. The Court did not think that they could do that but they can and did. The Cagger put in a nominal claim for £30 to achieve it.

Could we not do similar, but include in the claim that if the CCP did not meet the Order then the Court declare that the agreement and any associated contract be voided and the CCP would need to Consolidate from the date of commencement of the unexecuted agreement.

It would appear to be the next logical step.

 

Comments?

 

Z

 

Oh right - thanks for that Zubo. I was having a blond moment! Yes, I agree that we should take court action if we want the creditors to fulfil their obligations and that the courts 'should' be able to declare the agreement void if they can't produce any executed document. However I know from experience that judges are a strange breed and you are really entering a lottery when you make a claim.

 

At least in a small claim there isn't too much of a costs risk so it's probably worth going for it - if only to cause the creditors some of the grief they like to inflict on us!

 

Regards, Pam

[elizabeth1]

Tanz

 

I'll second Pam's apology, we have been too busy having a light hearted bit of fun.

 

Pam - as I read it - Tanz simply wants the Court to order the CCP to supply the fully executed agreement and put an end to his uncertaintity. Not unreasonable.

I recall reading a thread where someone has been to court to get the Bank to satisfy his SAR request. The Court did not think that they could do that but they can and did. The Cagger put in a nominal claim for £30 to achieve it.

Could we not do similar, but include in the claim that if the CCP did not meet the Order then the Court declare that the agreement and any associated contract be voided and the CCP would need to Consolidate from the date of commencement of the unexecuted agreement.

It would appear to be the next logical step.

 

Comments?

 

Z

Zubo - I read that thread too - but I can't remember who it was - is it something to do with Surlybonds thread? just a thought I wish I could remember where I'd read that!! Sorry Tanz - will try look in the morning for you see if I can find where I read it.

[Guest Battleaxe]

Surlybonds certainly has done some work on this, I guess you are going to hunt for this, as I can't find it in my printouts, but I know I have a lot of it priinted off in case I needed for reference.

 

Darn Surlybonds heading off to his new found island in the Caribbean

[SteveH2508]

Hi

 

Sorry no-one has responded to you yet and also apologies if I'm missing the point but what exactly do you want to claim - if it's about the creditor being in default of your CCA request, there is no civil recourse for this - it's a criminal offence but we haven't yet been able to find out which authority has the power to prosecute!

 

Trading Standards are the authority who may prosecute CRIMINAL offences under CCA. They can only advise on civil remedies. Whether they choose to prosecute is entirely a matter for them. It will vary hugely between different authorities. HTH

[un1boy]

Trading Standards are the authority who may prosecute CRIMINAL offences under CCA. They can only advise on civil remedies. Whether they choose to prosecute is entirely a matter for them. It will vary hugely between different authorities. HTH

 

Hi, what is HTH?

 

Also, I referred a case to TS whom said that the agreement may be unenfocable because of having no presribed terms, but that I had to take leagl action.

 

Also, the OFT said that they don't deal with it, only TS.

 

I have contacted the Chief Constable of my local force and depending on his response, I will contact my MP.

 

It's scandalous that no one knows who it is that deals with these breaches - and it goes to show that these banks can get away with breaking the law!

 

We would not get away with committing a criminal offence, would we?