Cap1 & CCA return

[phatram]

Hi all, i am new to this and don't know where to start, i have a credit card and loan, both now in a managed loan with HSBC, i have phoned them and asked them to send me copies of the original copies of the agreements, but this is now the 3rd week that i am waiting.

 

What do i do now, i didn't send a CCA but i phoned them and they said that they would send them to me, but i still haven't received them.

 

Any help and advice for be valuable.

 

Many thanks

 

Kelly

Hi,

I would CCA and SAR them. They wont send you anything if you ask nicely.

[Peterbard]

HI

 

Yes you need to send two a section 77 for your loan and a section 78 for your credit card. They will cost £1 each send them recorded deliverythey should respond within 14 days.

As Phatram says you can also send a request uner the 1998 DPA this will cost you a tenner but you willl only have to send one request dont forget to put both account numbers on the letter and also record this one, there are template requst letters on here

 

Good Luck

 

Peter

[car2403]

Hi Peter, welcome back to the forums again - I hope you're feeling better now.

[andrew1]

Hi Peter, welcome back to the forums again - I hope you're feeling better now.

 

here here.

[Muffintop]

hmm interesting we all need to bottom this out then dont we as most of our template letters are stating this point whilst in default cannot .....

[car2403]

hmm interesting we all need to bottom this out then dont we as most of our template letters are stating this point whilst in default cannot .....

 

In theory, they shouldn't.

 

In theory, the World was flat.

[dad]

Hi

 

This has come up in a case i was involved in.The creditor had successfuly convinced the judge that the agreement was enforceable after some weeks of the usual arguments.

The debtor had ceased payments on the account sometime earlier and was under the impression that whilst the creditor was in default due to none issuace of copy, no payments were due.

The judge simply asked where it says this within the act? and pointed out that if an agreement is enforceable it is totally enforceable not just from a particular date and all monies payable on it were due as stated.

 

You may have noticed that the new regs (2006) about copy agreement requirements actually mentions that whilst the creditor is in default they can not charge interest so perhaps there has been some limited attempt to rectify what IMO was an oversite in the orriginal drafting of the act.

 

Regards

Peter

 

Peter,

 

I had a similar experience at a CMC, I used the speech of Lord Nichols I posted above. The DJ agreed I had an interesting and arguable point. Sadly the Creditor bottled it and settled at the doors of the trial.

 

Dad

[phatram]

Could someone take a look at the following thread and give me some advice please?

http://www.consumeractiongroup.co.uk/forum/legal-issues/122431-me-mbna-abbey-mbna-23.html#post1998183

[williamzz]

I would appreciate some more opinions on the enforceability of my CCA from Mint, ta!

 

http://www.consumeractiongroup.co.uk/forum/general/184621-mint-cca-2nd-opinion.html

[Peterbard]

here here.

 

HI

 

NIce to be back.

Had a bit of a rough tim 4 months in intensive care.

 

Had to put my Credit Union work on hold but i am getting ther .Nice to see the same faces had some nice emails waiting for me when I got home from Caggers and some successes (5 in total ) cheeres me up no end.

 

Might take me a bit to get upto speed seems to be a lot of new info to digest.

 

Affraid my spelliog hasn't inproved.

 

CHeers Peter

[andrew1]

HI

 

 

 

Affraid my spelliog hasn't inproved.

 

 

 

We can forgive you for that Good to see you. Didn't realise you were in Intensive care ( Don't anyone abbreviate the I and the C you get Information Commissioner - wouldn't want Peter confused now would we - that's the programmers in this forum trying to be efficient!)) sorry to hear that, still, you have plenty awaiting your knowledge and experience so good on you, you are very brave to want a second helping!

[Needabreak]

Well I'm up to page 311 and it's taken days to even get there. I suspect it will be many more before I fully catch up. It's like a Novel as the plot unwinds. I'm looking forward to some good news hopefully as I read through and not too much bad news. I know I can jump forward, but that would be like reading the last page of a murder mystery book!

 

You guy's have given me a little hope and light at the end of my very long tunnel.

 

Catch you later, only another 8,000 or so posts to go

[Desperate Daniella]

Hi Peter,

 

I joined in December and reading your posts has given me so much information and help.

 

Thank you.

 

Daniella

[ncf355]

May I add my "Welcome back" Peter, I wish you the best of health

 

[noomill060]

Yay! Peters back!

 

Welcome home!

[foolishgirl]

So good to see your absence was just temporary Peter.

 

Welcome back, hope you're feeling better.

[Guest dvdriley]

I think I must have come on board during Peters abscene, heard alot about you, so welcome back!!!!

[angry cat]

Welcome Back Peter!

 

Love

AC x

[phatram]

Welcome back Peter.

Mr and Mrs P:)

[cab1ne]

would a default notice that is served upon an agreement automatically be invalid/unlawful due to the said agreement being unenforcable:confused:

[what_todo]

hello this in a copy of a post in

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/184723-cca-request-lowell-financial.html#post2004325

 

 

a letter has came today from Lowell financial.

 

it reads

 

""following your request to be provided a copy of the original credit agreement in respect of the CAA i can confirm our client Crap One has requested that your agreement be retrieved from archive

 

Once your agreement is rerived you will be required to repay the outstanding bal in full. if deemed necessary we may initiate legal proceedings which cloud see your outstanding go higher.

 

in a attempt to resolve this matter i offer you a settlement of £xyz to close this file"

 

as per my 1st post, there have until 27/02/09 and today being 26/02/09 they have 1 posting day left.

 

once my post as been and gone time's up and this so call debt is fully enforceable.

 

the letter in post 1 will be post on Monday

should i also send a copy to credit expert?

[lexis200]

Hello all:)

 

I've been reading a thread and the poster could really do with a bit of DN knowledge - particularly how to deal with it when it's been terminated on an ineffective DN.

 

The poster had a CCJ awarded against them without even knowing they were meant to be in court, so is now trying to deal with this, but really could do with some help.

 

If anyone can pop in that'd be great.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/185537-ccj-set-aside-help.html

 

Thanks:)

[underdog13]

hello this in a copy of a post in

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/184723-cca-request-lowell-financial.html#post2004325

 

 

a letter has came today from Lowell financial.

 

it reads

 

""following your request to be provided a copy of the original credit agreement in respect of the CAA i can confirm our client Crap One has requested that your agreement be retrieved from archive

 

Once your agreement is rerived you will be required to repay the outstanding bal in full. if deemed necessary we may initiate legal proceedings which cloud see your outstanding go higher.

 

in a attempt to resolve this matter i offer you a settlement of £xyz to close this file"

 

as per my 1st post, there have until 27/02/09 and today being 26/02/09 they have 1 posting day left.

 

once my post as been and gone time's up and this so call debt is fully enforceable.

 

the letter in post 1 will be post on Monday

should i also send a copy to credit expert?

 

A friend of mine got the exact same letter from Lowells. The next letter stated that no agreement could be produced owing to the age of the account and the file was being closed - hope you get the same result:-) Oh, and from what I have heard about Cap 1, they are not terrbily good at coming up with enforceable agreements, to say the least!

[Peterbard]

HI

 

Has anyone had experiance of challenging PPI that has been automatically renewed after the orriginal term has expired.

My son got a debit on his barclaycard for £100 for PPI renewall,when i challenged it for him the said they had sent a letter and given a 14 day cancellation period which had now expired.

I pointedout that FSA now recomends a 30 day period, he had not authorised the payment, and the policy was of no use to him but to no avail.

I will of course get it back for him in the usual way, but i wondered if we could use the section 59 "entering into a prospective agreement is void" to validate a claim.

Perhaps it would be of use in reclaiming past debited ppi's and interest theron.

 

Peter

[Peterbard]

would a default notice that is served upon an agreement automatically be invalid/unlawful due to the said agreement being unenforcable:confused:

 

Hi

A default notice issued under section 87 of the act has to be issued before the creditor can commence action in court.

You would then put your case forward and say that the agreement was improperly executed and unenforceable.

 

This is not to be confused with the notice placed on your credit file they can be issued independantly of the section 87 notice.

 

Regards

Peter