Jump to content


  • Tweets

  • Posts

    • They didn't turn up because they knew they would lose so they saved the cost of sending a brief saving them a couple of hundred pounds at least. But still a big relief for you now that it's all over . So congratulations plus you can enjoy your trip that much more. 
    • I will try again...................... Even at my age there is quite clearly a PCN envelope by the windscreen wipers on your car on some of the photos.  But as I said in the IPC letter, that is not the dispute. The dispute is that CPM sent you the second PCN on the 28 th day of the issue date of the first PCN. It should not have been sent until the day AFTER the original PCN was issued. Therefore they broke the Act, they breached the IPC Code of Conduct and their agreement with the DVLA. It is something that the IPC cannot ignore since to do so will bring the ICO down on them and the DVLA should ban CPM from getting data from them once they know if the ICO do nothing. The minimum I expect is that your PCN will be cancelled. But it is up to you. I have given you the details, you have copies of both PCNs sent to you on the sar  with all  the relevant dates. 
    • Apply for an HM Armed Forces Veteran Card   An HM Armed Forces Veteran Card is a way to prove that you served in the UK armed forces. The card can make it quicker and easier to apply for support as a veteran. It’s free to apply. You can currently only apply for a Veteran Card if you have a UK address. Veterans who do not have a UK address will be able to apply later this year. READ MORE HERE: Apply for an HM Armed Forces Veteran Card - GOV.UK WWW.GOV.UK Apply for an armed forces veteran card to prove that you served in the UK armed forces.
    • The Private Parking Code of Parking has been postponed as the poor dears are frightened that thew will all go out of business once it becomes Law. We all wish but nothing could be further from the truth so doubtless most of them will have to change their ways if they don't want to be removed as approved parking companies. Thank you for still retaining and producing the original PCN which, no surprise, fails to comply with the Protection of Freedoms Act 2012 Schedule 4. [It even states the vehicle "breeched" the terms  when it was the driver that allegedly breached the terms}. It fails to specify the Parking Period and whilst it does show the arrival and departure ANPR times on the photographs [that I cannot read] they do not include how long you actually parked nor was it specified on the Notice  [photos don't count]. So that means that you spent even less time parked though it would help had you not blocked out the dates and times, so good if you could please include them on your next  post. Pofa  asks the driver to pay the charge S( [2][b] which your PCN doesn't though they do ask the keeper to pay.and they have missed out theses words in parentheses S9[2][f] ii)  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; All of those errors mean that the cannot transfer the charge from the driver to the keeper. Only the driver is now responsible . What a rubbish Claim Form -doesn't even give the date of the event which it should.  
    • it doesn't matter what you are being charged or if you missed the discount period. you ain't paying anyway..... if this ever gets before a judge. then the ins and out of POFA2012 or any IPC/BPA guidelines might come into play. until then i go get on with your life. you are spending far too much time on a speculative invoice scan scheme  its almost as if you believe these are fines and enforceable in a criminal court and you could have bailiffs at your door any minute.    
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Cap1 & CCA return


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

Thread Locked

because no one has posted on it for the last 4954 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

Am I right in thinking that a loan agreement should state the interest rate and not just the APR? I have received a copy of a loan agreement originally from Abbey and it has the APR on it, but no Interest rate is stated. I believe the interest rate is the prescribed term and not the APR, but just need some confirmation of this. Many thanks, Magda

 

Subsection 3

C, Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement.

 

APR "just looks good"

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

Could someone please check if this CCA is enforceable - thanks!

 

 

cca2mintenlarged.jpg

 

 

cca2frommint.jpg

 

 

ccamintenlarged110209-1.jpg

 

 

There are a few differences between image 1 and images 2 & 3, ie credit limit, APR, default charges etc

The differences between the documents are as follows

Post 1, is the original CCA, stating I had a credit limit of £2500, Post 2, obviously from a later date, states my credit limit is £5200. Post 1 states the apr variable is 1.24%, post 2 states it is 1.805%. Post 3, which was attached to Post 2, states the Default charges as £12 and I have already successfully recaimed charges back to 2003, where they refunded me the old charge of £20.00. Post 1 makes no reference to default charges at all - is this a requisite of a correct CCA? Does it matter if the Terms & Conditions are not those provided at the time the card was taken out?

 

 

I would love someones opinion on if this is enforceable or not. I think not, but need to know if I should put this into dispute or not?

Mrs P:-)

Link to post
Share on other sites

Am I right in thinking that a loan agreement should state the interest rate and not just the APR? I have received a copy of a loan agreement originally from Abbey and it has the APR on it, but no Interest rate is stated. I believe the interest rate is the prescribed term and not the APR, but just need some confirmation of this. Many thanks, Magda

 

 

Hi

 

The interest rate is a prescribed term on credit agreementsdated before april 7th 2007 (exept fixed sum).

 

The APR is required on all agreements.

 

After april 2007 the interest rate is required to be on all types of agreement.

 

Although the APR is not a prescribed tem it can be used to challenge the agreement under section 127(1) which is still active.

 

Regards

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Hi

 

The interest rate is a prescribed term on credit agreementsdated before april 7th 2007 (exept fixed sum).

 

The APR is required on all agreements.

 

After april 2007 the interest rate is required to be on all types of agreement.

 

Although the APR is not a prescribed tem it can be used to challenge the agreement under section 127(1) which is still active.

 

Regards

Peter

 

hi peter

an agreement signed in june 2006. would it be subject to the 1974 regs or the 2006 regs:confused:

 

thnx for info earlier (very useful)

Edited by cab1ne
update
Link to post
Share on other sites

hi peter

an agreement signed in june 2006. would it be subject to the 1974 regs or the 2006 regs:confused:

 

thnx for info earlier (very useful)

 

Hi

 

The 2006 act suplimented and ammended the earlier act.

 

It added some sections and repealed others, some of these changes are still in the proccess of being introduced.

 

The prescribed terms were not repealed until April 7 2007.

 

So they would still have to be on your agreement if the creditor wished a court to enforce.

 

Regards

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

thnx peter

 

now i'll just have to sit down and try to draft up a letter to the creditor, put it to them that i weould consider an out of court settlement, and if they dont want to go down that road they can take me to court.(im pretty confident i will win)

Link to post
Share on other sites

Can any one point me in the right direction for an interest/APR calculator so that I can check the figures on my #14086 post. I have now corrected the attachment not to show personal details.:o

 

Thank you.:)

I'm not a legal expert. Any help or advice I offer is based upon experience gained from this fantastic forum.

Link to post
Share on other sites

Hi

 

The interest rate is a prescribed term on credit agreementsdated before april 7th 2007 (exept fixed sum).

 

The APR is required on all agreements.

 

After april 2007 the interest rate is required to be on all types of agreement.

 

Although the APR is not a prescribed tem it can be used to challenge the agreement under section 127(1) which is still active.

 

Regards

Peter

 

Hi Peter, oh well, in that case, my agreement probably is enforceable then. It was for a personal loan (Abbey) taken out in 2000. It does show the APR, so I guess from what you say, in this situation, that would be all that is required. Thanks, Magda

Link to post
Share on other sites

Hi

 

Is the agreement on here?

The prescribed terms for a credit card are; total credit ,repayment detailsand amounts and interest rates

If it is a fixed sume they are total credit and repayment details.

Thes must be on the agreement together with yur signature to conform with section 127(3)

 

if the APR is wrong missing or missquoted on either, then the agreement can still be challenged,

 

Regards

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Hi

 

Is the agreement on here?

The prescribed terms for a credit card are; total credit ,repayment detailsand amounts and interest rates

If it is a fixed sume they are total credit and repayment details.

Thes must be on the agreement together with yur signature to conform with section 127(3)

 

if the APR is wrong missing or missquoted on either, then the agreement can still be challenged,

 

Regards

Peter

 

Hi Peter, don't think I would be able to scan it in, as the copy isn't very good quality, but I can just about read it. It is a loan for £10,000 and it looks as though there is PPI for £2053.78 making a total amount of £12053.78. The repayments are 48 x £251.12 with an APR of 9.9 %. Apparently we still owe around £552.36 on the loan, which is probably all the charges and interest they have been slapping on over the years. Many thanks for your help Peter, Magda

Link to post
Share on other sites

Hi, Just looked at the agreement again and the £2053 is the interest being charged (can't see any of it very clearly) making a total loan amount of £12053.78, so it seems that the APR is correct by the look of things. I think I will ask for a break down of the balance still outstanding and see what charges etc were added. Thanks, Magda

Link to post
Share on other sites

Could someone please check if this CCA is enforceable - thanks!

 

 

cca2mintenlarged.jpg

 

 

cca2frommint.jpg

 

 

ccamintenlarged110209-1.jpg

 

 

There are a few differences between image 1 and images 2 & 3, ie credit limit, APR, default charges etc

The differences between the documents are as follows

Post 1, is the original CCA, stating I had a credit limit of £2500, Post 2, obviously from a later date, states my credit limit is £5200. Post 1 states the apr variable is 1.24%, post 2 states it is 1.805%. Post 3, which was attached to Post 2, states the Default charges as £12 and I have already successfully recaimed charges back to 2003, where they refunded me the old charge of £20.00. Post 1 makes no reference to default charges at all - is this a requisite of a correct CCA? Does it matter if the Terms & Conditions are not those provided at the time the card was taken out?

 

 

I would love someones opinion on if this is enforceable or not. I think not, but need to know if I should put this into dispute or not?

Mrs P:-)

 

bump

Link to post
Share on other sites

It looks OK to me phatram - it has the prescribed terms and you rsignature on the same page so woul dbe enforceable in court.

 

The first pic is the original from 2002, the other 2 pics are obviously from much later (current default charges, different credit limit etc). Does Pic 1 contain all the necessary T&Cs?

 

It states,

"This is a Credit Agreement regulated by The Consumer Credit Act 1974. Sign it only if you wish to be legally bound by its terms"

Problem is,I don't know what those terms were, so how can I check it's valid?

Edited by phatram
Link to post
Share on other sites

bump
POST 14105

 

 

Hi Steven I am still waiting for a reply since January concerning mine from RBS and considering mine and phatrams were taken out not too far apart cannot understand the 'differences' as to no logo, ,no annual rate stated[just APR] the same monthly rate or cash as purchases APR different???

CAN instead of CANNOT in the legal rights section. After all these should be standard yes???

 

mintccapic.jpg

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

GE MONEY: WON £266.00

Link to post
Share on other sites

POST 14105

 

 

Hi Steven I am still waiting for a reply since January concerning mine from RBS and considering mine and phatrams were taken out not too far apart cannot understand the 'differences' as to no logo, ,no annual rate stated[just APR] the same monthly rate or cash as purchases APR different???

CAN instead of CANNOT in the legal rights section. After all these should be standard yes???

 

mintccapic.jpg

 

Both yours and Phatrams Agreements look enforceable as they appear to have all of the prescribed terms and have your signature. From looking at the agreements yours was 2000 and Phatrams 2002, so the agreements could be slightly different because of that. If they haven't provided the t&c's referred to, then they haven't fully complied with your cca request, but the agreement could probably still be enforced, as far as I am aware, in court.

 

Magda

Link to post
Share on other sites

Hi magna wonder why Mint are ignoring me? I requested a view of the original and the t&c's referred to. No calls, no letters and its been 6 weeks.

 

To mislead a consumer as to their protection under the 'rights' section is wrong as the agreement is then completely one sided. It says they CAN enforce an agreement against me if they do not meet their requiremnts WITHOUT a court order. It must be CANNOT as in all others.

 

Milly X

 

Milly X

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

GE MONEY: WON £266.00

Link to post
Share on other sites

Hi magna wonder why Mint are ignoring me? I requested a view of the original and the t&c's referred to. No calls, no letters and its been 6 weeks.

 

To mislead a consumer as to their protection under the 'rights' section is wrong as the agreement is then completely one sided. It says they CAN enforce an agreement against me if they do not meet their requiremnts WITHOUT a court order. It must be CANNOT as in all others.

 

Milly X

 

Milly X

 

Hi Milly,

did you take this account out online? I only ask as I had this account from around the same time, but have never seen anything like the document you've posted up - I applied by post though, so wondered if that was why?

 

Mint refuse to send me anything other than T&Cs and won't discuss it any further!

Link to post
Share on other sites

Hi

My husband has a credit card with AA Mastercard

Can someone look at the 'agreement' and tell me if this is enforceable or not?

I have posted it on the Halifax and Bank of Scotland forum under 'AA Mastercard' but I have not had any responses yet

Cheers

Gill5blue

Link to post
Share on other sites

I too have a mint CCA which looks identical to Phatrams agreement.

 

I have noticed that in the Your Right to Cancel box

 

1. Once you have signed this agreement you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by mint.

 

and also in Declaration and authorisation

 

2. I apply for a Mint card to be issued to me. I accept and agree to be bound by the general conditions applying to the card as set out separately.

 

Now surely they cant send you your cancellation rights by separate post!!!

 

And in 2 they admit that the conditions are setout separately - in other words they are admitting breaking the 4 corners rule

 

Opinions required please.

Link to post
Share on other sites

I too have a mint CCA which looks identical to Phatrams agreement.

 

I have noticed that in the Your Right to Cancel box

 

1. Once you have signed this agreement you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by mint.

 

and also in Declaration and authorisation

 

2. I apply for a Mint card to be issued to me. I accept and agree to be bound by the general conditions applying to the card as set out separately.

 

Now surely they cant send you your cancellation rights by separate post!!!

 

And in 2 they admit that the conditions are setout separately - in other words they are admitting breaking the 4 corners rule

 

Opinions required please.

 

The general conditions do not have to be in the "four corners of the agreement" - that only applies to the actual prescribed terms and in actual fact the prescribed terms actually just need to be in the signature document, which can span more than one page (usually there would be something to link these pages such as page numbers). Although T&C's should be provided as part of a cca request, I do not believe, provided the agreement contains all of the prescribed terms and your signature, that a judge would consider the debt unenforceable. Magda

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4954 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...