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Cap1 & CCA return


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Thank you so much. I really have no clue when it comes to this type of thing. :confused: Could someone please have a look at the attachments and see if they think that any are unenforceable?

 

Thanks

 

 

[ATTACH]6777[/ATTACH]

 

[ATTACH]6778[/ATTACH]

 

[ATTACH]6779[/ATTACH]

 

[ATTACH]6781[/ATTACH]

 

[ATTACH]6782[/ATTACH]

 

Hi Pudsey 7,

Re the Nemo Agreement, under Key Information it states "You may also have to pay other charges in accordance with clause 3.4"

 

3.4 You may also have to pay other charges if we provide certain services in accordance with out tariff of service fees published from time to time.

 

Were you given a Tariff of Service fees document? the agreement does relate to it

 

Not sure of my dates yet and relevant parts of the amended act, but I thought charges had to be clear. The £50 for the default charge was certainly made clear!

 

NAB

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

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Legally minded Caggers, Please look at my short thread, particularly the last post. Is there any precedent, or how can I look for sum.

 

 

Could it be in the wording??

 

Maybe clutching at straws...but:confused:

 

Thanks

 

NAB

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

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I am not sure if I received this or not. If I send them a SAR would that let me know if they originally sent it?

 

Thanks

 

Most/all of your agreements contain PPI. This may have been mis-sold to you. I am absolutely clueless about this but there is a section of this forum that concentrates on it.

 

I'm fairly new on this group but learning all the time, but do spend some time reading threads from relevant sections relating to your own situation. There is a lot of invaluable advice and help on here. but you still need to do as much for yourself as possible. You need to know your case inside out when it comes to the crunch.

 

I would SAR them anyway if you can afford it at £10 a go, as it helps you know what they have on you and you never know what might crop up to aid your case. unless more experienced Caggers advise not to.

 

NAB

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

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Hi I have read a lot about unenforceable agreements under the consumer credit act, but I am getting really confused.

Can you reclaim money that has already been paid off?

I have two credit cards that I have paid off, MBNA and HSBC and two car loans and two mortgages,( HSBC and Intelligent Finance, the second one taken out online). I did not pay off these mortgages I just moved lenders). I also have three store cards one with Homebase and two with B&Q and these are called revolving credit agreements can these be reclaimed?

I also have a Barclaycard for over 5K taken out online in 2007, and a GE money account taken with British Gas for £3700, and a car loan that was taken out in 2004 which I still owe £3500.

Which ones can I attempt to claim on?

I have looked at my credit file and have all the creditors and ex creditors details including my account numbers, should I sent off a letter requesting a true copy of my original agreement first, and give it 12 days in total for a response, there are a few templates out there and I know I have to get the right one for the different type of agreements could anyone please recommend one that is particularly good!!

Also I have been in touch with a company who are charging about £500 per mortgage and £5000 per car loan too, is it really that easy to do it your self?

I have been successful in reclaiming bank charges and PPI, but this little number really seems to stump me, especially as the company I spoke to said that they will tell which ones will definitely get through be fore I have to pay them a penny it just seems a little too good to be true!!!

Sorry about the war and peace novel but I have so many questions please one of your clever gorgeous people give me a hand with this little pile of questions.:???:

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thanks,is there a letter i could send to barclaycard,like a template or anything??

 

sorry wrong address

Edited by Dodgeball

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

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Hi I have read a lot about unenforceable agreements under the consumer credit act, but I am getting really confused.

Can you reclaim money that has already been paid off?

I have two credit cards that I have paid off, MBNA and HSBC and two car loans and two mortgages,( HSBC and Intelligent Finance, the second one taken out online). I did not pay off these mortgages I just moved lenders). I also have three store cards one with Homebase and two with B&Q and these are called revolving credit agreements can these be reclaimed?

 

I also have a Barclaycard for over 5K taken out online in 2007, and a GE money account taken with British Gas for £3700, and a car loan that was taken out in 2004 which I still owe £3500.

 

Which ones can I attempt to claim on?

 

I have looked at my credit file and have all the creditors and ex creditors details including my account numbers, should I sent off a letter requesting a true copy of my original agreement first, and give it 12 days in total for a response, there are a few templates out there and I know I have to get the right one for the different type of agreements could anyone please recommend one that is particularly good!!

 

Also I have been in touch with a company who are charging about £500 per mortgage and £5000 per car loan too, is it really that easy to do it your self?

I have been successful in reclaiming bank charges and PPI, but this little number really seems to stump me, especially as the company I spoke to said that they will tell which ones will definitely get through be fore I have to pay them a penny it just seems a little too good to be true!!!

 

Sorry about the war and peace novel but I have so many questions please one of your clever gorgeous people give me a hand with this little pile of questions.:???:

 

Hi

Got a headacre now

 

Put em on here we wil tell you if they will get through for nuffin.

 

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

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There is no point sending for CCAs on the accounts that are paid up calconnor. If the agreement is not 'live', the OC does not have to produce them under S77/78 of CCA1974.

 

You cannot reclaim capital repaid on any account; charges & PPI can be reclaimed.

 

You can do this yourself quite easily. Why add to your debts by paying someone to do it for you?

 

As Peter says, post up a few details of your live accounts for help from CAGers.

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.

 

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Wasn't sure where to post this so feel free to move it if needed.

 

I have been trying to downsize my house, not a chance of selling at the moment though, I bought a hips pack from a company where you can pay for it in nine months time. By accident I cancelled the direct debit and they are now demanding full payment.

 

The company itself does not provide credit but you get it through a third party company.

 

the agreement is headed "an agreement not regulated by the consumer credit act 1974"

 

The loan was for £214.94 deferred for nine months with one payment of £214.94 of this £24.73 was a deferred payment charge.

 

If the agreement contains interest, even if its quoted as something else, does this come under the cca1974.

 

Any thoughts on this would be appreciated, they are getting really snotty and are refusing to allow me to reinstate the DD.

 

cds

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Is there a specific term in the agreement stating you must have the DD in place for the duration? Even with such a term, I would've thought that the courts would see it as unreasonable if they took action to recover the amount, when you are offering to re-instate the DD.

 

I had thought all loans under £25,000 were regulated by CCA regardless.

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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hi, i had a letter from barclaycards after sending off the template request and my postal order, all they sent back was a copy of there terms, one page and that was it. the credit card was with goldfish and barclays took over the account so i have never signed a barclayscard agreement. what do you think about them being able to enforce against me.

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hi, i had a letter from barclaycards after sending off the template request and my postal order, all they sent back was a copy of there terms, one page and that was it. the credit card was with goldfish and barclays took over the account so i have never signed a barclayscard agreement. what do you think about them being able to enforce against me.

 

You will probably find that it is their current t&cs that they have sent as well, and no, that isn't enforceable. As the agreement was originally signed with Goldfish, this should therefore be the agreement than Barclays now provide in response to your request. I doubt very much that they have it though, and what they have provided is probably about it.

 

Magda

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thank you magda for that, im a bit thick when it comes to all this sort of things, if what you say is the case , does that mean they will not be able to demand i pay the balance of the card, i struggle to make the min payment and have asked them to help out a bit by letting me have a payment holiday and they were not interested at all. should i stop paying or should i wait for a responce to the second letter i have sent telling them they have not sent the correct information. the letter i used is a template from here.

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Sorry to butt in but I thought it best to ask the question here as it is semi-relevant.

 

Someone asked me the following question and I don't know the answer:

 

Would a credit account for fuel between a company and a private individual be regulated by the CCA? Fuel is obtained on account and monthly invoices are issued for payment.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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I am assuming this account was taken out prior 2006?

 

If so, if you stop paying them paulrob, you would have to put the account in dispute (is this what you put in your letter?) & claim it was because they were in breach of S77/78 of CCA1974 & that they hadn't sent you a CCA. Of course, they will then claim they have fulfilled their responsibilites ('cos the T&Cs are all they have :rolleyes:).

 

At this point they will threaten all sorts to get you to pay up & will eventually take you to court. IMO you therefore now have a choice:

 

1. You stop paying & fight it out in court, hoping that they will not turn up an enforceable CCA or

2. If you are in a position to do so, you offer a F&F of a minimal amount based on the fact that they have not got an enforceable CCA & that they would therefore lose any chance of getting anything if they tried to pursue the debt.

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.

 

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Sorry to butt in but I thought it best to ask the question here as it is semi-relevant.

 

Someone asked me the following question and I don't know the answer:

 

Would a credit account for fuel between a company and a private individual be regulated by the CCA? Fuel is obtained on account and monthly invoices are issued for payment.

 

Pete

 

The credit agreement is most likely to be between the employer and the card provider.

 

The agreement between the employee and employer would most likely be within the contract of employment and not therefore regulated by the CCA.

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Is there a specific term in the agreement stating you must have the DD in place for the duration? Even with such a term, I would've thought that the courts would see it as unreasonable if they took action to recover the amount, when you are offering to re-instate the DD.

 

I had thought all loans under £25,000 were regulated by CCA regardless.

 

Not quite, see section 16

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Wasn't sure where to post this so feel free to move it if needed.

 

I have been trying to downsize my house, not a chance of selling at the moment though, I bought a hips pack from a company where you can pay for it in nine months time. By accident I cancelled the direct debit and they are now demanding full payment.

 

The company itself does not provide credit but you get it through a third party company.

 

the agreement is headed "an agreement not regulated by the consumer credit act 1974"

 

The loan was for £214.94 deferred for nine months with one payment of £214.94 of this £24.73 was a deferred payment charge.

 

If the agreement contains interest, even if its quoted as something else, does this come under the cca1974.

 

Any thoughts on this would be appreciated, they are getting really snotty and are refusing to allow me to reinstate the DD.

 

cds

 

Little bit confused, if only one payment is to be made, when is that payment contractually due to be paid.

 

Has that date passed ?

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This is the letter i am sending them now: I wont stop makingpayments until i am sure they have not got the CCA, i will complain to the OFT which would mean they will have to gie me all they have.

 

Thank you for your reply dated the 27th February 2009 but I refer to my letter dated 21st February 2009 which was delivered via Recorded Delivery .

 

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the 21st February 2009. I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Baclaycard purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. This time limit expired on 05th March 2009.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on the 05th March 2009this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to Barclaycard .

I require the following action from Barclaycard :

 

1. All payments made to date to Barclaycard for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Barclaycard. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Barclaycard or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

 

Data Protection Act (Data Protection Act 199

 

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

 

I look forward to your reply within 14 days to resolve the matter amicably.

 

 

Yours faithfully

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failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to Barclaycard .

 

Which is/are the relevant sections in relation to a creditor either original or by assignment providing a copy of the deed of assignment ?

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Sorry to butt in but I thought it best to ask the question here as it is semi-relevant.

 

Someone asked me the following question and I don't know the answer:

 

Would a credit account for fuel between a company and a private individual be regulated by the CCA? Fuel is obtained on account and monthly invoices are issued for payment.

 

Pete

 

The credit agreement is most likely to be between the employer and the card provider.

 

The agreement between the employee and employer would most likely be within the contract of employment and not therefore regulated by the CCA.

 

This agreement is purely between the fuel provider and the private individual. It's not a company fuel account. On that basis would the account fall under the remit of the CCA?

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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as you have failed to comply with a request for a true signed copy of the said agreement

 

It only has to be a true copy, not signed

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Barclaycard or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

Are you really going to take them to court paulrob? Don't threaten it if you are not prepared to follow through. As for the others, BC won't give a damn!

 

 

Suggest you read through the forums thoroughly to acquire the knowledge you need to pursue this action - it will not be plain sailing if they take you to court. :|

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.

 

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Thanks

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