Cap1 & CCA return

[angel49]

Thank you all for the replies, I shall defend the claim as planned.

CL Finance now have the debt as it was assigned and it is they who are taking me to court,is it worth me reminding them that I'm still awaiting a true copy of the final document?

[rory32]

is it worth me reminding them that I'm still awaiting a true copy of the final document?

There is no harm in it.

[angel49]

Thanks Rory,

Letter going out tomorrow.

[ncf355]

Folks,

 

is there a limit to the number of SAR's you can make to one company in a given time period?

 

I put 1 in January, now taking legal action and the company just state in their defence they supplied the data last year?

[un1boy]

Folks,

 

is there a limit to the number of S.A.R - (Subject Access Request)'s you can make to one company in a given time period?

 

I put 1 in January, now taking legal action and the company just state in their defence they supplied the data last year?

 

Nope, as far as I am aware you can do as many as you like. Although, you could argue that if say you claosed an account and then had no contact with the company and did a sar that there would be little point doing another one.

[monopoly23]

Hi I got a CCA agreement from Lloyds the other day, and these are the results from the checker site.

 

Can anyone tell me whether it's enforceable from the amounts shown?

 

The bits that are blank or have zeros in are because it tells you not to enter anything if the exact wording isnt shown.

Thanks

 

Im putting up the agreement from Lloyds that these checker results are from. It is written word for word, typos and all. Ive left out the last two pages and just done a summary.

The checker shows it to be unenforceable but what do you all think?

Big loan CCA.doc

Agreement assesment.doc

[un1boy]

Im putting up the agreement from Lloyds that these checker results are from. It is written word for word, typos and all. Ive left out the last two pages and just done a summary.

The checker shows it to be unenforceable but what do you all think?

 

Checker site?

 

Can I have a link please??

[TANZARELLI]

Checker site?

 

Can I have a link please??

 

Yeah I was wondering about that.

 

Could I have a link too please?

 

Tanz

[TANZARELLI]

https://www.financialagreementsolutions.co.uk/usr/basicchecker.aspx

 

Is this it?

[Peterbard]

Hi

It does say agreement doesn't it.

And even if it didn't i would say thank your for your agreement knowing the court would throw it out. If you sign a form and it says this is an agreement then that is what it is ,it may not be properly executed it may not even be covered by the cca but that is for us to show and the more sloppy they are in handing out these mikey mouse copy agreement the easier it is for us to show they are unenforceable.

So as far as i am concerned if they send me cow back and say it is a copy of my agreement as requested i wil say thank you for the agreement and see you in court.

A common missconception is that they have to send a correctly executed copy of the agrreement on a section 77- request . They don't they just have to send a true copy of the executed agreement you signed it is up to you to decide whther it is correctly executed if they have sent a copy of the document you have signed they have fulfilled their request.

 

Also let us not forget that an agrement can be used to apply for a loan it happens when you sign the agreement and the creditor signs it later if he doesn't approve he doesn't signgn no ageement ,no signature,aplication refused.

 

Another thing the term application for crdit means to apply for credit.

You are not asking for a quotation which you could under the CCA.

Granted you should know that you are signing a binding agreement and the agreement should adhere to all the reqired form and terms but you are still asking for credit if not what?

 

Best regards

Peter

 

Peter

 

Bet regards

Peter

[monopoly23]

Hi Peter. If that's a response to my question, I really don't have a clue what you're saying about it (dense day today)

If they have to send a true copy of the document I signed, then this isn't it, is it?

 

PS. I dont mean to sound rude or anything like that, it's just that I really dont get it!

[un1boy]

Hi Peter. If that's a response to my question, I really don't have a clue what you're saying about it (dense day today)

If they have to send a true copy of the document I signed, then this isn't it, is it?

 

PS. I dont mean to sound rude or anything like that, it's just that I really dont get it!

 

Monopoly, did they send you a document with your signature on it - whether it was an application form, or an unenforcable agreement or not?

 

If they did then they have satisified their obligations under sec 78 and you should accept it. You can then take them to court to get it ruled unenforcable.

[Peterbard]

Im putting up the agreement from Lloyds that these checker results are from. It is written word for word, typos and all. Ive left out the last two pages and just done a summary.

The checker shows it to be unenforceable but what do you all think?

HI

 

The APR is 7.78%

The TAP seems to be incorrect in the assessment it should be £2,549.49

Thus the total charge for credit should be 2549.16- 1825.16 =£724.33

The total interest would be the same as the tcc as there are no set up fees etc

Why has it changed your payments form 49.99to49.98?

This is why it is coming out wrong and unenforceable. if the data you entered is correct it isn't not onthe maths anyway.

Peter

[Peterbard]

Hi Peter. If that's a response to my question, I really don't have a clue what you're saying about it (dense day today)

If they have to send a true copy of the document I signed, then this isn't it, is it?

 

PS. I dont mean to sound rude or anything like that, it's just that I really dont get it!

Sory no it was a response to rory my fault forgot the quote button.

your responxe is the next posting.

As regrds

the previous response i was just reiterating that an executed agreement meely has to have both signatures and if that is what you signed and that is what they sent thent hey have complied.

It does not have to be an properly executed agreement.

 

Petr

[monopoly23]

Uniboy-no they did not send me anything with my signature on or even a ticked box from internet application.

 

Peter - it comes out as £49.98 instead of £49.99 because of the 0.1% interest difference that I pointed out before. But you said that was allowed anyway. 51 monthly payments at 1p less = 51p difference.

[paulwlton]

If an agreement is to be terminated by the creditor then i assume the default notice must contain reference to this as per section 87(a)

 

87.

Need for default notice.

— (1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a)

to terminate the agreement, or

 

(b)

to demand earlier payment of any sum, or

 

©

to recover possession of any goods or land, or

 

(d)

to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

 

(e)

to enforce any security.

 

 

(2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

 

(3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

 

(4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

 

Paul

[Perseus]

Nope, as far as I am aware you can do as many as you like. Although, you could argue that if say you claosed an account and then had no contact with the company and did a S.A.R - (Subject Access Request) that there would be little point doing another one.

I believe that if you have an account open, the data controller can refuse to supply data if it has already received a request within a month previous.

As Un1 states, if the account is closed, and no financial changes, balance outstanding etc - they are not obliged to provided another.

 

If, for example (which is I think where you're going) you are trying to receive pre-6 year info, then send one, but ensure that you make it clear thats what you're after. Also, quote that the limitations act does not apply to personal data, and if they state they don'y have any further - ask for the method, date, time, method of disposal and by which staff member the data was destroyed. See what you get back.

JMO

[Peterbard]

Uniboy-no they did not send me anything with my signature on or even a ticked box from internet application.

 

Peter - it comes out as £49.98 instead of £49.99 because of the 0.1% interest difference that I pointed out before. But you said that was allowed anyway. 51 monthly payments at 1p less = 51p difference.

Hi

 

That is in the APR not the repaymtents how much did you pay 49.99 or 49.98 thatis the staring point together with the amount of credit if you entered 49.99 it should have worked out the APR ont hat figure not the other way around. 51p is enough to alter the figures on the TCC for which i don't think there is any tollerence and interest (Not APR)

 

Regads

Peer

[un1boy]

If they state they don'y have any further - ask for the method, date, time, method of disposal and by which staff member the data was destroyed. See what you get back.

JMO

 

Hi,

 

Do they have to supply that information?

[monopoly23]

Hi Peter. We have been paying £49.99 which is 0.1% over what we should have been paying according to the checker.

[paulwlton]

https://www.financialagreementsolutions.co.uk/usr/basicchecker.aspx

 

I think Tanz HAS just posted this.

 

Paul

[Perseus]

Hi,

 

Do they have to supply that information?

To ensure that the Data Controller (DC) is securely maintaining your data (including any that is allegedly no longer available) you have a right under DPA to ask how it is being disposed of. I remember someone quoting a letter from the ICO (I will trawl my saved quotes to see who it was), stating that if the data is being disposed of (from any media type) the subject has a right to know in what manner the disposal is carried out, ensuring the utmost security of any information that may be retrievable.

As the DC has overall responsibility, he/she should provide info on how, when, why, by whom, and allegedly a certificate showing how the disposal was carried ou (schredding, magnetic destruction, file deletion, burn etc) it's part of his specific responsibilities.

 

HTH

[un1boy]

To ensure that the Data Controller (DC) is securely maintaining your data (including any that is allegedly no longer available) you have a right under Data Protection Act to ask how it is being disposed of. I remember someone quoting a letter from the Information Commissioners Office (I will trawl my saved quotes to see who it was), stating that if the data is being disposed of (from any media type) the subject has a right to know in what manner the disposal is carried out, ensuring the utmost security of any information that may be retrievable.

As the DC has overall responsibility, he/she should provide info on how, when, why, by whom, and allegedly a certificate showing how the disposal was carried ou (schredding, magnetic destruction, file deletion, burn etc) it's part of his specific responsibilities.

 

HTH

 

Nice one, thanks!!

[ian1969uk]

Monopoly, did they send you a document with your signature on it - whether it was an application form, or an unenforcable agreement or not?

 

If they did then they have satisified their obligations under sec 78 and you should accept it. You can then take them to court to get it ruled unenforcable.

 

I wouldn't take them to court, just write to them and say you won't be paying. It's up to them to show the court it is enforceable, not the debtor to instigate the action to show it isn't.

[un1boy]

I wouldn't take them to court, just write to them and say you won't be paying. It's up to them to show the court it is enforceable, not the debtor to instigate the action to show it isn't.

 

Fair enough. I am having to take mine to court though because they are still processing a default- I haven't paid them since August 2006 and they haven't asked me for payment either. Granted, they haven't told me it's unenforcable either.