Cap1 & CCA return

[zubo]

Hi m55

 

Is all this cloak and dagger DCA bashing making you just a wee bit paranoid? :o

 

I made some of my very earliest posts in this thread and had more CCA knowledge and experience of court claims than most posters on this thread put together and from long before this site was even thought of!

 

As Lantana has indicated, this forum is public and any sensitive discussions can be kept to PM or email if required.

 

Regards, Pam

 

Welcome to the inquisition.

 

Agreed. Now can we chill out and get focus back onto the battle please.

[Peterbard]

Pam

 

Can you confirm the information that must be supplied by a lender for an OD?

 

thanks

 

 

Pam i know what has already been established i established it,on here a cuurent account is regulated by the fsa.

This is because their is no credit involved however ther are such things as multi agreements where part of the agreement may fall outside of the cca.

 

Now going back to the cca 1974 any sensible comments.

Peter

[InKogneeToh]

That's brilliant Pam, you've answered my question.

 

My next question is this: Where in the Act/Regs is this information?

 

Hi

 

Quote from OFT FAQs 29/04/05:

 

1.5 Are all bank overdrafts exempt?

 

The s74 determination in respect of bank overdrafts (see Q1.4) applies subject to the following conditions:

• the creditor must inform the OFT in writing of his general intention to enter into such agreements;

• the debtor must be informed, at or before the time an agreement is concluded, of the following:

o the credit limit (if any)

o the annual rate of interest and any charges applicable, and the conditions under which these may be varied

o the procedure for terminating the agreement;

• the above information must be confirmed in writing.

 

I haven't found the exact section of the regs. but will keep looking.

 

Regards, Pam

[pmhcfc]

Hi all you clever people on this thread...Just one question if you forgive me from not wanting to wade through this entire thread again... When do the new regulations come in re DCA's being fined if a complaint is investigated, and which body is doing the fining ?

[InKogneeToh]

Pam i know what has already been established i established it,on here a cuurent account is regulated by the fsa.

This is because their is no credit involved however ther are such things as multi agreements where part of the agreement may fall outside of the cca.

 

Now going back to the cca 1974 any sensible comments.

Peter

 

Hi

 

Yes, an OD + current account could be classed as a multi-part agreement but the part that is regulated is still exempt from the form and content regs. I don't see how calling it a multi-part agreement could change this exemption.

 

Also, I copied the s74 (4) section from the 1974 CCA as well - so which version are you copying from??

 

Regards, Pam

[InKogneeToh]

Hi

 

I have copied s74(4) from my own saved copy of the CCA but you can read this section in the link on this site:

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/27535-consumer-credit-act-1974-a.html

 

Regards, Pam

[InKogneeToh]

Hi Peter

 

I've just found where you're quoting from - the original version of the CCA - which does include subsection 1(b).

 

This was amended years ago!!

 

Regards, Pam

[zubo]

Just a quick question. When the amendments in The Consumer Credit Act 2006 come into force, will they apply to previous agreements or just to agreements made from now on?

 

sure someone will already have replied - they usually have an effective date in the future - ie for all agreements made after a future date - I remember quickly reading it but whether its mid 2007 or during 2008 - cant remember.... old age

[zubo]

I was aware of that, what the original point was the fines would make them go bankrupt.

 

And it is a fine for letting it go past the calendar month AND for each attempt to collect while in breach (somewhere in the hundreds of the CCA1974)

 

 

m - you been on the pop again??? my interpretation was just the single fine /prison sentance. not for multiple responses - I agree with meagain who seems to know what he/she is talking about - ie is ex-Finance company.

 

thanks

 

Z

[Guest The Terminator]

sure someone will already have replied - they usually have an effective date in the future - ie for all agreements made after a future date - I remember quickly reading it but whether its mid 2007 or during 2008 - cant remember.... old age

 

April 2007 and another part of the act comes into force in 2008

[Peterbard]

Hi Peter

 

I've just found where you're quoting from - the original version of the CCA - which does include subsection 1(b).

 

This was amended years ago!!

 

Regards, Pam

so i am

 

I will have to erase my old files oh well it was only a thought.

 

Peter

[zubo]

Hi

 

Perhaps if several members who have the same issues with each particular lender where to coordinate a collective complaint, they might take it more seriously.

 

Regards, Pam

 

I have a big issue with the regulators - both ICO and TS in their inability to meet their obligations and police effectively the law.

I will be starting new threads soon addressed to each so that they can freely comment and respond to questions and criticism.

Some of the questions I have are - who are they accountable to, how do they measure their effectiveness, what process do they follow in objectively responding to an individual complaint against a CCP and what remedy should that person expect from their actions.

I could go on - that is why I think we need to setup a thread and then invite the regulator to respond to questions on the thread...

 

comments???

 

Z

[The Lantana]

Zubo, great idea about ICO and TS threads. Regulators are a little on the back foot just now following the premium rate TV phone scandal (ICSTIS).

 

They clearly aren't getting the job done. It's increasingly becoming our role to 'watch the watchers'

 

Hooray, I've just become a 'Classic Account' customer!

 

Regards

 

Lantana

[bfb]

Would someone be so kind as to pm me a copy of the 1983 Copies of Agreements etc regulations or could it be put into the library section?

 

I am dealing with several sets of folks and like quoting chapter and verse in response to lies/disinformation - delete as appripriate

[Guest The Terminator]

Zubo, great idea about ICO and TS threads. Regulators are a little on the back foot just now following the premium rate TV phone scandal (ICSTIS).

 

They clearly aren't getting the job done. It's increasingly becoming our role to 'watch the watchers'

 

Hooray, I've just become a 'Classic Account' customer!

 

Regards

 

Lantana

 

Now I wonder if they are going to come down on the DCA'S who all use premium rate numbers which is against the OFT guidelines.

[Guest Battleaxe]

Oh my god! it's taken me nearly 5 days to read this bleedin thread !

 

 

my question tho since i have seen no mention on here (sorry if i have missed it frazzled brain) on the application form they sent my huband has put his date of birth as 3 days before he dated and signed the form making him 3 days old when he applied lol

 

is this worth pointing out to them or does this not have any baring on the matter at all??

 

 

Don't point it out them, they are lending to minors now. A fellow got off a speeding ticket on that same point. They entered the wrong date of birth, which made 12 hours old when he committed the offence. he got a statement from his mother regarding where he was at the time they claimed he committed the offence. So three days old, what a talented child being able to read write and talk.

[InKogneeToh]

Don't point it out them, they are lending to minors now. A fellow got off a speeding ticket on that same point. They entered the wrong date of birth, which made 12 hours old when he committed the offence. he got a statement from his mother regarding where he was at the time they claimed he committed the offence. So three days old, what a talented child being able to read write and talk.

 

Is this for real??

[elizabeth1]

Don't point it out them, they are lending to minors now. A fellow got off a speeding ticket on that same point. They entered the wrong date of birth, which made 12 hours old when he committed the offence. he got a statement from his mother regarding where he was at the time they claimed he committed the offence. So three days old, what a talented child being able to read write and talk.

 

 

that is funny

 

A few years ago my youngest son got a letter saying he'd not paid enough NI contributions and a bill saying he could pay it "voluntarily" - he was still at school and not even got a NI number etc.. as he was way too young!! How the devil letters like this even get printed and sent to people I shall never know!! Kind of knocks the 'trust' out of us deosn't it? To think these clowns are responsible for our future pensions etc.. and they bill children?

 

It's always been a standing joke of my sons when he save his money up -he says "it's for my pension - as the Gov't are gonna muck up again" he laughs

 

But it's actually sad to think they had a NI number against his name etc.. on this letter - totally different number to his real NI - so goodness only knows where the number they billed him with came from!!

[joneshousehold]

Was it this thread that Robert Udy of Capital One has been mentioned? It has just struck me that as they are based in Nottingham, it is clearly Robin Hood's alter ego - robs from the poor to give to the rich!

 

If you have always read the name as 'you-di' then you won't get the joke, you have to pronounce it like a very short udder. Sorry, if you have to explain a joke it isn't a good one. I'll get me coat!

[Guest Battleaxe]

I found the original paperwork titled Cashcard Account Agreement, when we opened our current account but for the life of me I cannot find the conditions that is supposed to be with it, and on the Agreement is no where which states they can share our information with CRA's or anyone else; only within the Group.

[JonCris]

I have been looking at this the last few days in my spare time after seeing the s85. I still cant find anything relevant to it.

 

AFAIK the ability to charge interest would be stated in the agreement. And under what circumstance. THe right to have interest reclaimed from the breach under an agreement would have to be taken up under each case from that agreement generally headed Responsibilities Under This Contract etc. Normally it only deals with legal fees etc.

 

The point of non-compliance on subsequent card issues with s85 is that there is NO agreement so the creditor cannot claim any payment

[Guest Battleaxe]

Mr Robert Udy is the name of Crap One's computer at Nottingham

[Mike220359]

No Professor Fate tonight, interesting.

[Mike220359]

As an extention of the input from Professor Fate and the replies therto.

 

If this person is MIB it does matter because this thread is there to argue around the CCA & give advice to those who are sticking their toe in the water. The mention of Stautory Demand and the 'B' word is enough to put aload of people off, who wouldn't be, if they are just starting to establish their rights.

 

For those who may have been affected by this persons input, please please Google 'stautory demand', the information that you gain by that cursory inquiry and the instructions that you gain should be nough to put your mind at rest. Remeber a Stat demand is just as dangerous to the filer as it is to the defendant if the former hasn't got all his facts right.

 

As for clicky, to some extent this thread is, its IS very exclusive because the arguments have developed and are at times very technical, unless you take the time to read over 200 pages. However, that doesn't make it any the more less informative.

 

As reagrds PF, he obviously has a IP address it may be interesting to see how that compares with the other 'commando raids on our gang'.

 

Kind regards,

 

Mike

[joneshousehold]

Mr Robert Udy is the name of Crap One's computer at Nottingham

 

At the risk of sounding very naive - is this true?

 

Have a laugh at my expense if you must but I was interested in why you say this