Cap1 & CCA return

[noomill060]

magda- ask them to quote the section of the Consumer Credit Act which states that a signature and a reference to another document is sufficient to permit a court to make an enforcement order.

[noomill060]

magda- if you can take a pic of it, or scan it- dont forget to remove your name and address from it before putting it up here.

 

Have you any had any charges on this card?

 

If so- you can use this to show the Default Notice to be void and stop them in their tracks.

[MAGDA]

Hi again, thanx a lot for the replies, have scanned it in, not sure if you will be able to read it or if I have done it correctly, but here goes, (by the way, there weren't any terms of conditions attached/enclosed) This was basically it. Magda

[Having_A_Knightmare]

Good Application form

 

Does it have any prescribed term on

 

HAK

[MAGDA]

nothing at all, just something about payment protection if you require it, and the rest is just personal details

magda

[MAGDA]

sorry, it's a bit small isn't it! the info is on the form is mostly just what I filled in, i.e. name and address etc, income, dob, that kind of thing, then additional card holder and the payment protection thing, then my signature, I really appreciate all the comments today, it really is a massive help, so thanks again

Magda

[Having_A_Knightmare]

Is there any thing on there aboyt APR, Or credit Limit

[MAGDA]

No,nothing at all, that final paragraph after 'safeguard your payments' is just saying that you confirm you wish to apply for an mbna credit card that is it, although it does say I have received a copy of and agree to be bound by the mbna terms and conditions, although I hadn't received these

[MAGDA]

nothing at all about any APR or anything else

[Having_A_Knightmare]

Well If that the case its unenforcable in a Court of Law.

 

No need to worry.

 

Just send them something like this back

 

Alte to suite

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the 26th July 2007.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

You had until 6th August 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else. I would also like to note that as from the 6th September 2007 it becomes a criminal offence.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

[MAGDA]

thanks so much for that - will get a letter off to them tomorrow. It's fantastic to have this forum, otherwise we would be completely stuck, and I certainly need all the help I can get! Thanks for all the replies,

 

Magda

[MAGDA]

Actually, just one more question, doesn't it matter that is says it is a consumer credit agreement at the top of the application form, I picked up a credit card application at the supermarket earlier, and they now seem to have the application on one side, i.e. all the personal info like the copy of the form I posted and then, terms and conditions on the back which needs to also be signed. Just worried that they will say their form was in this format and that in actual fact the copy I have had covers their obligation as far as the CCA is concerned. Sorry to be a pain!

Magda

[car2403]

That heading is one of the form requirements, but it must contain the prescribed terms otherwise it isn't a regulated agreement regardless of the heading.

[lindyhop]

Hi

 

Question

 

have secured loan. checking through the paperwork i note that although the loan has fixed term rates ie 1% under the norm, that the interest rate i am being charged at is infact the norm! or have i got it wrong.

 

current normal rate 6.75% - 1% should then mean my interest is 5.75%, but the paperwork states i have been charged 6.75 from August. the fixed term rate is not up until next year!

 

can anyone explain this to me?

 

thanks

[MAGDA]

Thanks for that. Was just a bit worried because 1st Credit's solicitor pointed out the 'Consumer Credit Agreement' wording today, and said that if I wanted to defend their claim then to go ahead, but the form they sent (posted on the forum today) was all they needed to take court action, so it's nice to know that they are basically talking rubbish. I will get that letter off tomorrow re: Having a Nightmare (thanks ) and hopefully that will give them something to think about!

Magda

[car2403]

Thanks for that. Was just a bit worried because 1st Credit's solicitor pointed out the 'Consumer Credit Agreement' wording today, and said that if I wanted to defend their claim then to go ahead, but the form they sent (posted on the forum today) was all they needed to take court action, so it's nice to know that they are basically talking rubbish. I will get that letter off tomorrow re: Having a Nightmare (thanks ) and hopefully that will give them something to think about!

Magda

 

Well, Magda, therein lies the lesson, I think!

 

There is definately more expert Consumer Law advice to be had on CAG than most Solicitors have in their whole body, from what I've seen!

 

Just because they are big, bad "Solicitors", doesn't mean everything they say should be gold plated and used to flog you because you don't have as much knowledge as they do!

 

Welcome to the CAG self-empowerment school! You've just learnt your first lesson and there will probably be many more to come... Here's hoping that you end up a CAG success story like many others that have gone before you!

[MAGDA]

Yes, I think you are right. It's really easy to be intimidated by these companies and their solicitors because they seem to know all the facts. Since reading the comments on these forums though, including your own, have realised that isn't always the case. One thing I would like to say is I think I have (unintentionally) been guilty of 'highjacking' threads, which I really haven't meant to do. I now realise I should be posting a new thread! This is the first time I have used any forum, so apologies for that. YOU have all been so helpful and I will keep you posted on the outcome of this. Magda

[Peterbard]

Hi

 

Question

 

have secured loan. checking through the paperwork i note that although the loan has fixed term rates ie 1% under the norm, that the interest rate i am being charged at is infact the norm! or have i got it wrong.

 

current normal rate 6.75% - 1% should then mean my interest is 5.75%, but the paperwork states i have been charged 6.75 from August. the fixed term rate is not up until next year!

 

can anyone explain this to me?

 

thanks

 

HI

If the agreement says it will track at 1% under base rate it will probably be a tracker mortgage fixed at that rate under the current level for a set period.

This differs on a straight forward fixed rate in that it does not have to stick to a specific figure but will vary with the base rate.

 

Best regards

peter

[MAGDA]

That's very interesting B3rty. I did wonder if they were actual solicitors or not, and now I know. The 'solicitor' I spoke to on the phone who is apparently handling the case (they intend to take court action in the hope of getting a charge on our property) didn't seem particularly knowledgeable and kept pointing out the fact that the application form states at the top 'This is a consumer credit agreement'. LSC certainly don't seem to be a very reputable from what you say and from my own dealings with them. One worry I do have is if LSC proceed with their claim despite not being able to produce the actual CCA, and I defend it, would a court actually take any notice of my defence re: CCA, or would they allow LSC to proceed with their claim? Thanks

Magda

[car2403]

Magda, what the Court does or doesn't do isn't in question - they can't override the Consumer Credit Act and you will have a complete Defence to any claim seeking enforcement, based on what you say.

 

I'd be surprised if it did get to Court. I'd be even more surprised if they are allowed to enforce the agreement given the Defence you would have constructed. (with CAG's help!) I would be even more surprised if you lost and had to appeal, as no Judge wants his opinion appealed against when he is clearly wrong!

 

It might happen, in that some Judge's side with Creditors against Debtors, for one reason or another - so it is possible, but not probable.

 

Stick with us, kid, and you'll be fine!

 

 

I actually notice that your feelings have changed now (from the tone of your posts) and you're sounding more confident. Well done for challenging them on their opinion!

[MAGDA]

I'm going to get the letter off today as suggested by Having a Knightmare. I do feel a lot better about all of this now as knowledge is a very powerful weapon and there is certainly plenty of that on this site. I will keep you posted on any outcome and it's nice to know if I need any futher help, then I can ask. Thanks again for all the help.

Magda

[B3rty]

Magda

 

I am taking on LSC (1st Credit) right now and have put in a defence based on lack of production of a CCA....we wait to see what they can produce and have 28 days to do so......knowing that they are just processing court claims because 99% of these dont get challenged makes me feel good because they won't want to go to court unless they have the CCA but will bluff me along the way

 

Its a poker game where the more they bluff the less likely it is they will produce a CCA and last one to back down wins

[MAGDA]

Good luck B3rty - let's hope we both get the outcome we wish! I'm sure everything will be fine in the end, as you say, they do try to call your bluff and hope that you will back down. The problem is they pick on a lot of very vulnerable people, such as the elderly, who simply go along with whatever these companie say, so it's good that some people are starting to think differently about this kind of thing. Did they send you the Application Form as well by the way, passing it off as the actual CCA?

[Vulture_Bank]

interesting little thread here

 

http://fds.oup.com/www.oup.co.uk/pdf/0-19-928436-9.pdf

 

 

and a link to the new thread just started on CAG

 

 

http://www.consumeractiongroup.co.uk/forum/cabot/122201-more-secrets-about-assignment.html

[pt2537]

FAO peterbard

 

can you please take a look at this thread please http://www.consumeractiongroup.co.uk/forum/general-debt/122355-welcome-finance-shall-i.html

 

i run the figures through dualcalc and there are some discrepancies with the figures that coime back

 

also welcome are pressuring the OP to sign a new agreement

 

thnks

 

paul