Cap1 & CCA return

[Seahorse]

I hear what you are saying Patrick, but unless the DPA is amended, unfair or not, the law is the law.

 

However, I have just had a copy of the Barclaycard T&Cs supposedly in force on the date I signed my application for. So if they insist on calling it an agreement, I'll just have to point out the paragraph where they specify that they may only share my data WHERE I HAVE AGREED TO DO SO. In other words, the tick box WASN'T about sharing data for marketing purposes. It WAS there to ask if it was OK to pass my data to the CRAs, as they are speciffically mentioned.

 

Oh, dear. Cake, and Eat It, anyone?

[patrickq1]

lol seahorse,,blade look for / search rory32 he will put you right on the questions you are asking

[Having_A_Knightmare]

Hi All

 

Ive been recommended to post this info on this thread if anybody can help.

 

i requested a CCA to HSBC (Metropolitain DC) for two account I have.

 

One is a Overdraft on a current account

 

The other one is for a credit card on the same application

 

 

They sent me this today. As you can see it is an application form with the bumf on the last page and the bank have not signed it. This was FEB 04

 

Is this CCA request yet again unenforcable.

 

Also do they need to send me a CCA request for my Current Account Overdraft.

 

Thanks

 

 

 

 

 

[Having_A_Knightmare]

Also has anybody got a copy of the

The Consumer Credit (Cancellations and Copies of Documents) Regulations 1983.

Cheers

Ro

[patrickq1]

just googled this page hope it helps

The Consumer Credit (Cancellations and Copies of Documents) Regulations - Google Search

[MoonHawk]

Although I agree with your setiments Patrick, I am with Seahorse on the fact that the law is the law (unless it is the government in the wrong ). You keep refering to rights. That is a bit nebulous. Unless your rights are specifically outlined in a law (this could be common law too) then you have none. Sorry but that is a fact.

 

Wescot do that Blade Does it contain all the terms or not? If it does it can be used by the court to enforce the agreement.

 

I have to go back to my Barclaycard one. Because all they sent me was a brand spanking newly printed T&C ... which had no date or anything on so could have been from anytime, and a totally unreadable application form. Now Cabot are following up. Although at present I am just ignoring them

 

Best Wishes

MoonHawk

[Having_A_Knightmare]

Thanks Patrick but they only go back to 1988 for some reason.

[MoonHawk]

Ive been recommended to post this info on this thread if anybody can help.

 

i requested a CCA to HSBC (Metropolitain DC) for two account I have.

 

One is a Overdraft on a current account

 

They sent me this today. As you can see it is an application form with the bumf on the last page and the bank have not signed it. This was FEB 04

 

Is this CCA request yet again unenforcable.

 

Also do they need to send me a CCA request for my Current Account Overdraft.

 

Hi ro55e30. To be honest with you I can not read the document so can not say. The resolution is too low.

 

However, if all the terms are there, then it is unexecuted at this point in time, but they can just sign it at which point it is executed. So IMHO it is not a good idea to try and fight it.

 

If you are spoiling for a fight (like our patrick here j/k) then you could request all interest and charges applied until it is executed be refunded. But I would not think it worthwhile.

 

Best Wishes

MoonHawk

[Having_A_Knightmare]

Hi Moonhawk

 

Thanks for the responce.

 

There is no terms on the agreement up to When I signed it.

 

The Terms are on the last page after the signature.

 

They could have been put in anytime.....This is what is confusing me.

 

RO

[pjdavies2000]

Hi Moonhawk,

 

If it is unexecuted, then is it possible that not only interest, but any Defaults or worse could be removed up until the point of execution?

 

Peter

[MoonHawk]

Thanks for the responce.

 

There is no terms on the agreement up to When I signed it.

 

The Terms are on the last page after the signature.

 

They could have been put in anytime.....This is what is confusing me.

YW. In my view they should have got you to initial each page and you could plead that you have net seen these pages before, but I think the applications for banks are a single large sheet and not separate, so you can be caught out there. This is

 

I don't think it is going to make that much of a difference and the court will in my opinion will probably enforce it . Even if it is not accepted as an agreement then under section 127(3). Sorry.

 

Also why do you need the 1983 copy? There is a copy of the OFT report on the amended version, which is up to date for April 2005.

 

If it is unexecuted, then is it possible that not only interest, but any Defaults or worse could be removed up until the point of execution?

Hi Peter.

Yes I belive there is a justified cause for that. But I am not sure how easy it would be.

 

Best Wishes

MoonHawk

[Having_A_Knightmare]

Hi MoonHawk

 

Thanks for the responce

 

I have just called my legal help line up and spoke to someone regarding this.

 

She said that the terms have to be before the signature because you are signing to them terms.

 

Therefor this agreement is unenforcable.

 

Any more opinions...

[pjdavies2000]

like anything - it's how confident you are to state your claim at court, to a judge, with the bank using a barrister to counter your claim!

 

Peter

[pjdavies2000]

Cheers MoonHawk,

 

Useful stuff to know!

 

Peter

[Having_A_Knightmare]

I know what you mean Peter.

Citi got a charging order on me last year and knowing what I know now I could have stopped it no probs.

The judge had the attitude "you owe the money so tough S@@T" and had the nerve to say we only have 5 mins for this hearing......Guilty instantly

 

Anyway hes in for a big shock because if Citi cannot produce my CCA and with other issues I am going to try and apeal to a circuit judge:p

[Having_A_Knightmare]

Yes I belive there is a justified cause for that. But I am not sure how easy it would be.

 

Theres quite a bit of info on the forum below

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/

[maybelline]

The Consumer Credit (Agreements) (Amendment) Regulations 2004

 

any use?

[patrickq1]

gggrrrr gggrrrr lemmeee aattt eemm gggrrrr lol

[patrickq1]

to late as usual may lol i done that one already

[MoonHawk]

I have just called my legal help line up and spoke to someone regarding this.

She said that the terms have to be before the signature because you are signing to them terms.

Therefor this agreement is unenforcable.

Such advice is dissapointing. To put it nicely , I do not think they are clear on the regulations.

 

quote from: both guide on Cancellable Agreements and Non-Cancellable Areements by the OFT:

 

Some terms must always be contained in the signature document as described under the heading ‘What the agreement must contain’. But any other term of the agreement can be recorded either in the signature document or in another document referred to in it.

 

There are prescribed terms that must be within the signature box and some on the same page. But the basic terms and conditions do not. You have to check your agreement's sig box and see if they comply (which I would bet they do).

 

I know what you mean Peter.

Citi got a charging order on me last year and knowing what I know now I could have stopped it no probs.

The judge had the attitude "you owe the money so tough S@@T" and had the nerve to say we only have 5 mins for this hearing......Guilty instantly

 

Anyway hes in for a big shock because if Citi cannot produce my CCA and with other issues I am going to try and apeal to a circuit judge:p

Go for it

 

Best Wishes

MoonHawk

[patrickq1]

i have a formula here from nat west bank its what they were charging me in 1992 oct..it states intrests formula:base + 4%.compound also acrued intrest but no percentage

[patrickq1]

did not have time to finish what does thr acrued intrest mean got me thick head on today

[maybelline]

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/108949-short-warning-thread.html

just had a look at this, very useful advice here:) I am taking my time and weighing up the situation:)

[Having_A_Knightmare]

Hi

 

Another thread that may be usefull is

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/105315-my-agreement-enforceable-useful.html

[patrickq1]

hi seahorse i sent you that form from barclays to be honest i have never seen one like that in my life i did not realise they done them like that all i have ever seen is just a short paragraph and thats it...if i had one of them i think you can imagine what i would do with toiletpaper