Cap1 & CCA return

[un1boy]

But aren't they enforced under local council bye laws ? That seems to be how it works as every area has a different address to send payment to. I also understand the money generated goes into local council coffers and notinto central government.

 

I guess.

 

The actual ability to issue one and (interestingly) what should be included in one is actually in the RTA 1991! I checked, but mine complies with the act!

 

Isn't weird how the issuers of parking penalties can issue one in the correct form, yet, credit livense holders cannot seem to issue credit agreements worth thousands correctly?

[Seahorse]

I KNEW there would be a point to the apparently off topic content of your post.

[tamadus]

I KNEW there would be a point to the apparently off topic content of your post.

 

We can take a while but we always get there

[ladybird17]

go to work Tam

[tamadus]

go to work Tam

 

Let me finish my coffee please Birdie, now go back to bed and stop being a slavedriver

[ladybird17]

back to bed? This is the best part of the day, lovely blue sky tinged with orange, no phones ringing, sun filtering through the trees. What more can a girl ask for........apart from a little kedgeree with some hot, thickly buttered home made bread.

[tamadus]

If I had time this morning I'd stop in for breakfast

 

See you all later I have a 200 mile drive to work now

[joesoap]

Up early today, or working? I'm off on the hoy for two days. One needs a rest from these thousands of posts.

[Seahorse]

Check your mail later Tam. 2 more new toys to play with.

 

Sent.

[The Phantom]

Employing a DCA or any other form of collection agency is also considered enforcement. The ONLY way they can enforce it is if they get a court order saying it can be enforced. Any other method will be considered as another offence.

 

The term enforcement actually refers to enforcing the contract and it's T&C. That will include trying to enforce payment under the standards T&C. Ergo they need court permission.

 

I am in a dispute with MBNA over an Alliance & Leicester CC. This debt has been in dispute over unlawful charges, s85 and non submittal of a copy agreement s77/78 for a while, but they continued to send letters and have just sold the debt as well whilst in default and the agreement being unenforceable. I reported it to TS, but it looks that will amount to nothing.

I think all these laws written on paper are useless if nobody sticks to them and nobody bothers to enforce them either.

Very furstrating. I have of course stopped all payments and told them why.

(No reaction form them so far apart from a letter saying they will look into my complaint....what complaint ?)

[Seahorse]

Sometimes it's just nice to know that, should they have the balls to take the final leap, you can wave their transgressions under the judge's nose and say, look how the buggers have been carrying on m'lud.

 

Do they really think they can get away with this behaviour and still stand a chance in court????

[JonCris]

 

Yes Un1 it is 6 months from the time that the debtor was made aware of the breach. That is the timescale in which you have to prosecute via a Magistrates Court.

 

Your correct, the Human Rights Act does not apply to private companies and of course that includes the CRA's, FOS & the FSA!!!

However, it would apply in the case of the OFT who are a government body.

 

It is about time that we all seriously considered making a mass complaint to the OFT.

 

The last time I spoke to my local TS fair trading officer, I stated that many consumers are in the same position as me and that because a consumer has to make a complaint about a S78 breach it has to be through their local TS office it would give an unclear statistic about the seriousness of the matter/breaches. She informed me that if ones complaint goes through Consumer Direct, the OFT's consumer arm, then a log of the complaints are made?

 

I am sure that this is probably correct, but surely a mass complaint to the OFT itself would have a significant impact.

 

I will leave you all with the thought...Our Human Rights and the OFT!

 

Love AC

 

The Human Rights Act applies to public authorities, including bodies which carry out public functions. It does not generally apply to disputes with a private individual or company, unless it is carrying out a public function

[jalex_uk]

deleted

[TANZARELLI]

Hi folks stumbled accross this, not sure if its of any use but posting it for info:

 

CMS Cameron McKenna LLP - United Kingdom - Update On The Consumer Credit Act 2006 (16/04/2007 15:21:35) from Mondaq

[The Phantom]

Why don't you just go to the courts and ask for an injunction against the Banks recording your information with the CRAs while you are pursuing the S85 claim. They are only able to record credit information because you gave them permission under the Agreement. If they are not entitled to enforce the Agreement because they are in Default, then they are not allowed to record information with the CRAs either.

 

Would you not be perfectly entitled to ask the Court to issue an injunction ordering them to remove your record entirely from the CRAs and cease recording any new information until the case has been heard? If they then carried on recording information they would be in Contempt of Court - very very serious.

 

I know - they have defaulted me with CRAs and sold the debt whilst not only in dispute but unenforceable. It is MBNa - I think they are under the impression law does not apply to them. (well, that's how they behave anyway)

As TS doesn't seem to be too worried about this conduct (and I know I am not the only one who has complaints going against MBNA for breaches of the CCA) one wonders whether any form of court action would have any effect

One does start to wonder sometimes:mad:

[ian1969uk]

Nicole, so what if they've sold the debt.

 

The DCA won't have any more grounds to pursue you for any outstanding amount if there is no credit agreement. You can also now ask the DCA for a credit agreement and a deed of assignment.

 

This doesn't stop you pursuing section 85 or the charges, though. You also need to report their conduct to the Office of Fair Trading.

[The Phantom]

Nicole, so what if they've sold the debt.

 

The DCA won't have any more grounds to pursue you for any outstanding amount if there is no credit agreement. You can also now ask the DCA for a credit agreement and a deed of assignment.

 

This doesn't stop you pursuing section 85 or the charges, though. You also need to report their conduct to the Office of Fair Trading.

 

Oh, it doesn't trouble me too much that they have sold it as such, it is just the nerve to ignore legislation by doing so that gets up my nose.

The DCA (LINK Financial) has not made any contact as yet and nothing more from MBNA apart from a letter saying they are looking into my complaint and will get back to me

I have complained to OFT in writing, but have heard nothing back as yet

Maybe they don't reply, on their website it states they won't handle individuals complaints, so they may just have logged it on a database ?

[ian1969uk]

Just a quick question, are people complaining to the OFT or to Consumer Direct (part of the OFT for individual consumers). I'd have thought it better to go through CD as they will pass information onto Trading Standards if necessary.

[The Phantom]

Speaking for myself only, I phoned my local TS office only to be automatically re-directed to Consumer Direct who in turn took the details and passed it back to TS

Then I also wrote to the OFT

[elizabeth1]

There is also the ICO to send complaints to and the FOS - SOONER OR LATER THESE COMPANIES ARE GOING TO HAVE TO STOP DOING THIS HORRIBLE STUFF and start treating their customers like Human beings!!!

[un1boy]

 

The Human Rights Act applies to public authorities, including bodies which carry out public functions. It does not generally apply to disputes with a private individual or company, unless it is carrying out a public function

 

interesting JonCris - could we argue that the CRA'a carry out a public function?

[davefirewalker]

Anyone care to glance at this on the "other " CCA thread

 

I think I'm Screwed.....

 

http://www.consumeractiongroup.co.uk/forum/post-753131.html

 

Dave

[JonCris]

 

interesting JonCris - could we argue that the CRA'a carry out a public function?

 

That's my understanding

[JonCris]

Anyone care to glance at this on the "other " CCA thread

 

I think I'm Screwed.....

 

http://www.consumeractiongroup.co.uk/forum/post-753131.html

 

Dave

 

Unless I haven't spotted it it's meaningless as it doesn't appear to have the borrowers (you) signature. If so it could have been produced yesterday.

 

Did you request a 'true' copy. If so & it doesn't have your signature it isn't a 'true' copy therefore worthless

[davefirewalker]

erased my sig for security reasons

 

Dave