Jump to content


Cap1 & CCA return


tamadus
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4905 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi guy's im new to these forums and im not sure if im posting in the right area.

My question is, can you approach creditors/dca's for a cca if the account has recently (within the past 12 months) been settled?

I had to borrow money off of a family member to make these settlements and since finding these forums i now wonder if these agreements were actually enforceable!

Any replies would be welcome or a nudge in the right direction if i have posted in the wrong section.

Thanks in advance,

BTK

 

I am sure somebody with a bit more knowledge will be along shortly.

 

I was under the impression that if the accounts have been settled, the creditor is not under any obligation to supply you with a copy of your credit agreement under section 77-79 of the cca 1974.

 

Perhaps a SAR would be more appropriate to send them:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

  • Replies 17.3k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

You can only ask for a cca under s 77-79 if the agreement is still in force

 

However you can do a SAR and specifically ask to see any agreements

 

dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Hi Hell.....

 

looks like we posted at almost the same time :)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Isn't the point though that unenforceable agreements are merely unenforceable and not invalid, so if they are paid off, the payments cannot be reclaimed?

depends if it was a secured loan or pawn agreement, where there was a security then you can recover monies paid in realisation of that security even if the agreement has been repaid

Link to post
Share on other sites

depends if it was a secured loan or pawn agreement, where there was a security then you can recover monies paid in realisation of that security even if the agreement has been repaid

 

 

I don't understand how they can drag their heels over Defaults though.

 

Especially when nothing was signed to begin with :-| No signing to AGREE to data being processed.

Link to post
Share on other sites

Hi Hell.....

 

looks like we posted at almost the same time :)

 

Dave

 

Ha ha ha two great minds think alike (well yours really):D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

Isn't the point though that unenforceable agreements are merely unenforceable and not invalid, so if they are paid off, the payments cannot be reclaimed?

 

The point here, though, (which I don't subscribe to, by the way) is that some feel that making payments under an unenforceable agreement was a mistake, (that's a mistake of fact) in which case they should be able to claim restitution and recover everything they've paid.

 

After all, if an agreement is unenforceable, it is unenforceable from inception. If you've made payments based on demands you believed were correctly made under an agreement that turns out to be unenforceable, there is, in theory at least, the possibility of reclaiming all that restitution back.

 

This isn't such a new concept, though, as look at the Bank Charges/PPI claims where recoveries have been made...

 

I don't understand how they can drag their heels over Defaults though.

 

Especially when nothing was signed to begin with :-| No signing to AGREE to data being processed.

 

The point being here, is that you can be in default of an agreement that isn't irredeemably unenforceable and the process of Default information under such circumstances would mean the Default is accurate under the terms of the DPA.

 

Of course, if the agreement is irredeemably unenforceable, they shouldn't be processing any data whatsoever. (A fact the ICO seems to have woken up to in more recent advice and complaint handling by that office)

 

Link to post
Share on other sites

Hi could someone clear something up for me in:

 

Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998

 

This highlights the effect of a invalid default notice and that the action should not of proceeded from what I gather.

 

So if the company terminated the account would this mean they should not of terminated and that they could then reinstate, issue a correct default notice to enforce the debt properly or am getting confused.

 

The reason i ask is then the company would be in a win win situation.

 

Milly XX

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

Link to post
Share on other sites

Hi could someone clear something up for me in:

 

Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998

 

This highlights the effect of a invalid default notice and that the action should not of proceeded from what I gather.

 

So if the company terminated the account would this mean they should not of terminated and that they could then reinstate, issue a correct default notice to enforce the debt properly or am getting confused.

 

The reason i ask is then the company would be in a win win situation.

 

Milly XX

 

NO...once terminated its final...to reinstate would take yo to agree to a new contract.......and you wouldnt be doing that would you :)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Hi folks,

 

just spotted a thread where someone is being advised the CCA doesnt apply to car hire purchase! (the finance company are attempting to take the car back without default notice/court action!)

 

I have chucked in my two penneth, but would like the learned ones here to have a ganders

 

Thread HERE

 

 

Cheersh

 

:)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

Link to post
Share on other sites

Hi I am new to this post,

 

Very long one at that:eek:.

 

Just need some advise. I have gone with a company (didn't know there was help to do it yourself as some of you have) and supplied 2 credit cards in regards to non compliant with CCA.

 

It is nearly 3 months since this process has started. I am at the stage where the credit card companies have defaulted me and are on the next stage of harassment, possible bailiffs even though the cards are in dispute.

 

I have a letter to be sent in regards to stopping the harassment by some law (drawn up by this company). The thing is the credit card companies have sent no required information since this started and after the procedures which have been mentioned in this post have been and past, various letters sent for copies of agreement etc.

 

Can the credit card people call in the bailiffs even though it is in dispute???

Can they default you, again even though it is dispute?????

What is the procedure if they don't come up with any evidence of an agreement, do they take me to court or do I take them to get the agreement made void??????

 

Your advice will be welcomed

Link to post
Share on other sites

Hi I am new to this post,

 

Very long one at that:eek:.

 

Just need some advise. I have gone with a company (didn't know there was help to do it yourself as some of you have) and supplied 2 credit cards in regards to non compliant with CCA.

 

It is nearly 3 months since this process has started. I am at the stage where the credit card companies have defaulted me and are on the next stage of harassment, possible bailiffs even though the cards are in dispute.

 

I have a letter to be sent in regards to stopping the harassment by some law (drawn up by this company). The thing is the credit card companies have sent no required information since this started and after the procedures which have been mentioned in this post have been and past, various letters sent for copies of agreement etc.

 

Can the credit card people call in the bailiffs even though it is in dispute???

Can they default you, again even though it is dispute?????

What is the procedure if they don't come up with any evidence of an agreement, do they take me to court or do I take them to get the agreement made void??????

 

Your advice will be welcomed

You mention that you have gone with a company to work for you on your CCA request prior to finding CAG.. have you paid them and then they have dumped you and just provided you with copies of ccas? what company have you requested your ccas from? have you signed an agreement with them?

It would be better for you to create your own individual thread so that you can get specific advise just for you, just look at where you will fit in best and post one up.

 

Have you or the company working for you advised the credit cards in question that they have failed to supply an enforceable agreement to date and therefore you have officially placed the account in dispute?

 

Have you or them then gone on to send the letter available on here stating that as the account is in dispute they are not allowed to refer to a dca or instruct bailiffs etc (No bailiffs cannot come to your home, there is no debt)

Any charges or negative entries on your credit file (suggest you get a copy of newest one) can be sorted out at a later date with help on here.

 

You are at the very beginning here, as I said you need your own thread, if you create one and then click on the triangle at the bottom of your posts and ask a mod to move your posts to date.

 

Any default notices sent to you keep the envelopes for the date and seek advice here.

 

I would suggest you check out my thread muffintop v mbna as there is a lot of good advise on there, also search for other peoples threads depending on what card your requesting cca from and subscribe.

 

Hope some of this is a help. I also think you need to decide if the company that is working for you is in fact coming up with something, pm me there details if you want and I can check them out, I can understand why you would go to them as its very scary but this is a brilliant site.

 

You sorta need to decide if your going to be doing the work or if your happy to leave it with them, but either way check what they have or havent done.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

Link to post
Share on other sites

Hi I am new to this post,

 

Very long one at that:eek:.

 

Just need some advise. I have gone with a company (didn't know there was help to do it yourself as some of you have) and supplied 2 credit cards in regards to non compliant with CCA.

 

It is nearly 3 months since this process has started. I am at the stage where the credit card companies have defaulted me and are on the next stage of harassment, possible bailiffs even though the cards are in dispute.

 

I have a letter to be sent in regards to stopping the harassment by some law (drawn up by this company). The thing is the credit card companies have sent no required information since this started and after the procedures which have been mentioned in this post have been and past, various letters sent for copies of agreement etc.

 

Can the credit card people call in the bailiffs even though it is in dispute???

Can they default you, again even though it is dispute?????

What is the procedure if they don't come up with any evidence of an agreement, do they take me to court or do I take them to get the agreement made void??????

 

Your advice will be welcomed

 

I hate to say this, as it's not what you want to hear right now, but I'm not surprised.

 

I can't talk for the company you've used, nor do I want to know which one it is, but most of these companies take you up the garden path and them leave you there, alone to carry the can.

 

The advice that I would give, though, is that you've done well to find CAG - welcome to the gang! You should start, before creating your own thread, by reading some of the basics to get an understanding of what you're embarking on. You'll find some useful links in my signature, for a start.

 

Once you've done that, have a read through some of the success stories - there are lots of them - I'm sure you'll find a sub-forum relating to the company you're having issues with, or you can just post in the general debt/legalities forums.

 

Once you're ready, after reading the background and process, then looking at some success stories, would it be advisable to start your own thread. Again, links my sig will tell you how to. Once that's done, you'll be able to get specific advice on your specific case.

 

Best of luck!

 

Edit: Ok, so my signature isn't showing, (why is that, Site Admin?) so here's a link to my profile with all those links I mentioned;

 

http://www.consumeractiongroup.co.uk/forum/member.php?u=153951

 

Edit 2: Forget that, Site Admin, the sig is showing now! :o)

 

Link to post
Share on other sites

Thanks for the replies.

 

Will start reading through first, see what's what.

 

In regards to the company I am with, I feel they have done well so far, I have been in constant contact with them, I have copies of all letters sent, all of which have not sent a signed agreement, as there is not one in place.

 

Have copies of the 14 then 21 days notice letters they have sent out and that its in dispute. I send all correspondences from the credit cards to them.

 

I have just signed a letter in regards to telephone harassment and the legislation connected to it for them to send to the credit card companies.

 

But to be honest they must be on this site, as it seems you can get all the advice possible on this great site.

 

Have paid the money, so I feel I will keep with them for now, but will read up and get some knowledge myself just in case they do a bunk and i have to carry on. As I say it has been nearly 3 months and they are still around.

 

They are going to send out a letter for me just in case bailiffs do come round, something to give them and call the police if required.

 

What is scary, is they say don't worry it will all be sorted, easy said than done:( when defaults and threats are still being sent.

Link to post
Share on other sites

In regards to the company I am with, I feel they have done well so far, I have been in constant contact with them, I have copies of all letters sent, all of which have not sent a signed agreement, as there is not one in place.

 

Have copies of the 14 then 21 days notice letters they have sent out and that its in dispute. I send all correspondences from the credit cards to them.

 

I have just signed a letter in regards to telephone harassment and the legislation connected to it for them to send to the credit card companies.

 

Did they not advise you not to sign anything that wil be sent to the OC? It is not unknown for OCs to cut & paste & lo & behold, they've 'found' a signed credit agreement. :mad: You should print or use dig. signature in all corresp.

 

But to be honest they must be on this site, as it seems you can get all the advice possible on this great site.

 

They won't be on this site - all advice here is given free by other members

They are going to send out a letter for me just in case bailiffs do come round, something to give them and call the police if required.

 

What is scary, is they say don't worry it will all be sorted, easy said than done:( when defaults and threats are still being sent.

 

Don't worry about the threats & defaults whu. The threats are just that - they cannot send baliffs round without having first obtained a CCJ in court & I am assuming that you haven't got that far? They will probably default you - it comes with the territory of not making payments & often regardless of whether the account is in dispute or not.

 

Do as already suggested - start a seperate thread for each creditor in the appropriate forum & you'll get the help & advice you require.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Hi

 

Sorry to intrude on the site but could with some help.

 

Royal Bank of Scotland CC - failed to send signed cca they sent a application form, then promptly sent the debt to intrium justitia who have bombarded me with phone calls. I found templates to stop the calls which they have and also sent a letter to both RBS and Intrium to state that application form does not conform to cca request. Sent those back week ago just waiting for there response.

If they cant provide the cca can i use this to get the default they registered on my credit file - i am more than willing to take this to court because of they way they have treated me and the problems it has caused me and my family.

 

Any help will be greatly appreciated.

Julie

Link to post
Share on other sites

I am seeing more and more people saying that they have got default notices and didnt received anything by post... im puzzled how they know they have got one, is it something the court would send out notification of or is it that they have checked their credit files?

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

Link to post
Share on other sites

It's on your credit files, muffintop. The courts don't send out default notices, it's down to the creditors which prob. explains why so many people don't receive them. ;)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Hi Mejules

 

First of all you will probably have a reply back from both companies stressing that they have complied, so don't hold your breath on a great result there (sorry:().

 

Your second point about the defaults - technically it is possible to get them removed if there is no agreement or if it is a dodgy one, but it is apparently a tough one to succeed at, regardless of the fact it possibly should not be there in the first place.

 

You could really do with starting a thread of your own, or if you have and you're not getting much help, then try posting a link on here.

 

The trouble is this is such a massive thread that by the morning your post will be on the last page and will be missed - if you have your own thread people can answer you without it getting mixed up with other queries, and they'll automatically subscribe when they post, so you should get ongoing help.

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Hi Lexis

 

How do I start my own thread to get the help?

 

The RBS card is in my husbands name - we sold our 1st property in 2004 we paid this card off in full and cancelled the card. it wasnt until we went to remortgage in June 08 that we discovered they had defaulted the account with a balance owing of approx 3000. We have SAR them but all they sent was a charges schedule not any statements etc. We found out just recently the couple who brought our property got it reposessed and aparently had nurmerous debts in several different names. We believe that RBS must have sent something to our old property and the couple who brought it used it. Thats why we SAR'd them hoping it would give us some information as to the activity etc.

This default is causing us lots a financial problems and we just want to know the best way to go about getting it removed, we know it involves alot of work but the debt isn't ours and we want rid.

Can i send RBS court papers if so where can i find the correct one?

 

Many Thanx for any help it is greatly appreciated.

Julie

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4905 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...