Cap1 & CCA return

[trojanska]

please can you tell me where i stand with this

 

 

 

i know this is my credit agreement no arguement there but does`nt it have to have their signature to make it binding? also,there`s a bit in the corner that says that it will be binding after 60 days etc,if they have`nt dated it when did it become binding? thank you for your help xx

[Josie8]

please can you tell me where i stand with this

 

 

 

i know this is my credit agreement no arguement there but does`nt it have to have their signature to make it binding? also,there`s a bit in the corner that says that it will be binding after 60 days etc,if they have`nt dated it when did it become binding? thank you for your help xx

 

 

Ok all prescribed terms are present however it doesn't have their signature or stamp on so it isn't executed. As its pre implementation of the Consumer Credit Act 2006 it falls into transitional rules and I think (but will have to check) that it is now uneforceable as it cannot be executed according to those rules. I will check and if my advice is any different I will get back to you. It therefore does not fulfill criteria of s.61(1) and is under s.27 unenforceable without the permission of the court (as you have signed it).

 

They also haven't enclosed a copy of the terms and conditions or a statement of account which again makes it improperly executed.

[noomill060]

Check section 1.8 of these OFT FAQs

 

Consumer Credit (Agreements) Regulations 1983 as amended by the 2004 Amendment Regulations

[noomill060]

These are in relation to the 2004 amendments rather than the 2006 Act.

 

Sorry if I confused the issue.

[Jeff2000]

Finally got a full reply to my s.78 request to Barclaycard a while back.

 

(Another photoscan of my application form, and this time - a photoscan of the original T&Cs from 1999.)

 

As ive said previously, on examination the Credit limit on T&Cs differs from the acual credit limit. This is a Prescribed Term so the agreement is unenforeable without a court order, but s.127(3) would preclude any court from issuing one. This has been confirmed by Trading Standards.

 

Wrote back to Adrian Ruffhead pointing this out and included a Data Protection Act s.10 notice to remove default.

 

Eventually I got a response from Adrian Whalley. A big NO.

 

Today I got a letter from Sonia Simmonds -Court Orders and Disclosures manager refering me to s.15 and s.15(1) of my T&Cs. These refer to sharing of data with CRAs.

 

Interestingly, though (and in response to my repayment request for unlawful charges) around £230 has been removed from my alleged debt. about 20% of that asked for), her letter makes no mention at all of the unenforceabillity or otherwise of the credit agreement and she says that collection recovery has been suspended for one month "to allow me time to discuss repayment"

 

(There has been no "recovery action", save for two final demands from Wescot in April)

 

I draw my own conclusion that recovery has been suspended and that no mention is made of the legal enforceabillity of the agreement. Any thoughts from you guys?

 

On another point, a S.A.R - (Subject Access Request) for data from 1985/86 was ignored and I have started a small claim for enforcement of this.

 

A complaint to the Information Commissioners Office has also been made.

 

 

Hi,

 

 

I've had similar letters from Barclaycard.

 

I've responded by outlining their shortcomings and informing them that all payments will cease until I receive a fully executed agreement which includes all of the prescribed terms. I also included a copy of the letter from Ian McCartney MP.

 

I still await their reply!

 

 

Regards, Jeff.

[noomill060]

I detect a little desparation and panic begining to set in with Barclaycard with domestic poultry coming home to roost, straws being located for clutching at, paddles being sought and navigational charts of Sh!te Creek being unfolded.

[noomill060]

If anyone does get a copy of their T&Cs, check your original credit limit against that stated on them.

 

Mine say that it will either be: £350 £500 £1000 £1500 or £2500

 

It was none of these.

[Josie8]

I detect a little desparation and panic begining to set in with Barclaycard with domestic poultry coming home to roost, straws being located for clutching at, paddles being sought and navigational charts of Sh!te Creek being unfolded.

 

Lovely thought isn't it ............. :D

[un1boy]

Any comments on whether an agreement is calssed as an agreement if it's over 2 pageS?

 

Also, what about if they have supplied am online prointout of terms that say they were valid at the time, even thouhg the agreement says that the terms are enclosesd.

 

Please can someone comment? Thanks.

[un1boy]

Oh my god -hoe funny is this?

 

HSBC have sent me an agreeemnt with no prescribed terms and I have not heard from them for over a year (since I entered my request). They have not sent the terms and conditons and the OFT et are also investigating. Their CEO and otcustomer relations top managers have been ignoring me sinec February 2007.

 

I get a letter from them today telling me to pay the full balance in full in 24 hours (the letter is dated 18th July 2007, I got it today - 21st July 2007).

 

It's so fiunny because thye can't enforce it, they are threatening me with extra costs on top - about £193.00.

 

I've also entered my N1 in for them on Friday. I can't wait to see their reply to my letter -I'm sending a copy of theirs to trading standards, the oft and the court.

 

I REALLY want them to take me to court now, my defence will be so so water tight!!! haha - they really are stupid, aren't they?

[miss muppet]

Hi everyone, thought you might like to see this, Abbey's reply to daughter which must have come by stagecoach, wasen't too successful posting up their "agreement/application" but think they have dug themselves a hole with this - what do you think:D

[Peterbard]

Any comments on whether an agreement is calssed as an agreement if it's over 2 pageS?

 

Also, what about if they have supplied am online prointout of terms that say they were valid at the time, even thouhg the agreement says that the terms are enclosesd.

 

Please can someone comment? Thanks.

HI Uni

Yes an agreement can spread over a number of pages the sections of schedule 1 3-19 and some of schedule 5 have to be shown together though as a solid block this is not ammended by the 1482 this bit contains the prescribed terms.

 

To meet the criterea of a trrue copy they would have to be part of the agreement not a seperate sheet however delivered

 

Regards

 

Peter

[clearmydebts]

Hello All,

I need some help please...

Do these satisfy the CCA or is it just a precontract and as such not worth holding my breathe?

 

 

 

thanks for all replies

[Peterbard]

HI

Just been browsing.

Wanted to make a couple of points.

Failure to suply the items required in a 77-79 request will not make the agreement unenforceable. It wil just render the agreement in default after 12 working days. This is a request for an agreement that has already been executed it os post contracuual. So none issuance of T and Cs or even the incorrect ones won't do the trick.

 

If however all the pre-contractual form and content is not on the true copy of the agreement then it is enforceable only by order of the court. If the agreement is executed before 6th April 2007 and the missing or incorrect items includes any one of the prescribed terms then the agreement would be unenforceable virtue of secton 127(3).

If you could prove that no cancellation documents were sent (on a cancelable agreement)as per section 63 then it would be unenforceable under section127(4).

[gill5blue]

Hi all

can i ask, Citi have stated that they do not have to supply me with my Consumer Credit Agreement ,

are they correct?,

if so, what is the point of asking?

or do they have to supply?

and what would my next move be, they have gone beyond 12 and 30 days

gill

[Peterbard]

Hello All,

I need some help please...

Do these satisfy the CCA or is it just a precontract and as such not worth holding my breathe?

 

 

 

thanks for all replies

HI

 

The inclusion of inducemnts to take up the agreement on the actual agreement itself is a strict no-no according to the both the ageement and the advertisment regulations. There is no chance IMO of theis being regarded as a properly executed regulated agreement so if i was you i would thank them for the true copy advise them that it would be unenforceable and send thema bill for all your charges.

 

 

Best regards

Peter

[Peterbard]

Hi all

can i ask, Citi have stated that they do not have to supply me with my Consumer Credit Agreement ,

are they correct?,

if so, what is the point of asking?

or do they have to supply?

and what would my next move be, they have gone beyond 12 and 30 days

gill

 

hi

Did they say why they were of this opinion.

 

Petr

[rich2568]

HI

If you could prove that no cancellation documents were sent (on a cancelable agreement)i to as per section 63 then it would be unenforceable under section127(4).

 

However some running credit accounts are non- cancellable aren`t they- so there will be no issue of any cancellation rights anyway- correct me if you will?

[Peterbard]

HI

 

With respect that is why i said on a canellable agreement.

Yes only a CCa agreement that was executed after face to face contact and signed away from the creditors premissesis is cancellable but the creditor may voluntarrilly give cancellation rights.

If the agreement is post October 2004 then it may be cancellable under the distance marketing directive if there was no cantact at all. But this would not help with unenforceability as the DMD is not included in the 127(4) statement.

 

BestRegards

Peter

 

Best regards

 

Peter

[janequeenie]

hi,

 

just wanted a question answering please.

if an agreement was clearly unforcable due to the fact that the creditor could not find the agreement. and if the account was showing a large amount still owed.

 

what can you actually claim back from the creditor.

 

thanks

[mfpa]

if an agreement was clearly unforcable due to the fact that the creditor could not find the agreement. and if the account was showing a large amount still owed.

 

what can you actually claim back from the creditor.

My understanding (from reading various posts on this forum) is that you could claim back all interest charged plus any account charges/default charges plus your SAR or CCA request fees.

 

Has anybody reading actually managed to do this?

[gill5blue]

Quote:

Originally Posted by gill5blue

Hi all

can i ask, Citi have stated that they do not have to supply me with my Consumer Credit Agreement ,

are they correct?,

if so, what is the point of asking?

or do they have to supply?

and what would my next move be, they have gone beyond 12 and 30 days

gill

 

hi

Did they say why they were of this opinion.

 

Petr

Hi Pete

this is the letter I recieved from them

Gill

[janequeenie]

mfpa is that in addition to writing the debt off ?

[mfpa]

Love the bit about the 1974 Act requiring they provide you with something defined by the 1983 regulation, gill5blue.

[mfpa]

mfpa is that in addition to writing the debt off ?

it seems to be in addition to the debt being legally unenforceable.

 

I am no expert, though.