Cap1 & CCA return

[davefirewalker]

Agreed Dave, it could become a battle if you get a bit of a Homer judge to begin with. I guess it would also depend on what your claim states in the first place and how convincing it is and how much it is backed up by test cases and the words of Francis Bennion et al. FunkyFox's claim in the previous link I gave inspired me!

 

FBR

 

 

 

If you fancy some light reading the go to

 

if you want some light reading on court bias look here...>

 

http://www.consumeractiongroup.co.uk/forum/legalities/102075-un1boy-n1-issued-breach.html ....... post #514

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/147432-high-court-judgement-rankines.html

 

http://www.consumeractiongroup.co.uk/forum/high-street-stores/110148-car2403-ge-capial-bank.html .......post #74

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/11427-walton-rbos.html ...post 590 +1274...well pretty much all of it really

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/145114-dandd-rbs.html

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/56333-big-claim-aginst-rbos.html

 

most of the action is usually from the midlle(ish) onwards

 

 

Also my thread here.........>

 

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/84285-ccas-dave-against-world.html

 

rgds

 

Dave

Edited March 17, 2009 by davefirewalker

[fleeced_by_rbos]

Dave, I just started reading the first thread you mentioned. How arrogant of the FOS and BCSB! Just shows that these old boys clubs are pointless, toothless wastes of space, time, and particles! Although I have yet to read about any court bias, they are still the way to go since they are supposed to uphold laws rather than the old boys clubs who looked the other way while the banks screwed up the economy.

 

FOS and BCSB should be shut down and replaced with proper regulators which understand and help to enforce law rather than cosying up to the greedy wunch of bankers.

 

Unbelievable that he lost and that they relied on the meaning of "embodied". Luckily, my application form from MBNA which they supplied to me in response to my CCA request does not even refer to the Ts&Cs specifically.

Edited March 18, 2009 by fleeced_by_rbos

[gazab41]

Hi i might be in the wrong threed completely but i have several credit cards and a loan i do also have orig agrement for loan the cards are as follows Barclays gold card which am on payment plan orig amount credit limit £4000 however with late payments and over limit fees was considerabley more have been on payment plan with them sometime aprox 4 years orig paying £64 per month now £38 interest frozen however have started to get late payment charges again other cards include marbles recently sold to SAV(Hbos) have been told that they may owe me money orig in 2004 got letter stating arrear 430 pounds aprox less then 500 anyway intrest frozen several years latter after reciving no statments for over 12 months gone up to nearly 1300 pounds also had old MSDW card sold to Barclays still excepting orig payment plan of 15 a month however as standing order sometimes misses dead line date and get charges had egg card sold to csl pay these aprox 30 pound per month orig amount became over 5000 with default charges no comunication with csl for over 6 months mind you have moved and just do online transaction every month to pay them the other is a LOAD TOOK OUT IN 2000 OR 2001 AMONT BORROWED 9400 RECENTLY DISCOVERED BEING CHARGED PPI ON THIS OF APROX 1300 POS MORE CURRENTLY PAY 50 PER MONTH AND STILL OWE ABOUT 4200 HAVE ORIG AGREMENT FOR THIS AND LAST MONTH THEY SENT ME A STATMENT OF ALL PAYMENTS MADE AND OUTSTANDING BALANCE PLEASE COULD SOME ONE HELP AS I WOULD LOVE TO TRY TO GET RID OF THESE BILLS SO AS I ACTUALLY HAVE MONEY FOR ME A MONTH THANKS G

[foolishgirl]

Welcome to CAG gaza.

 

Can I suggest that as you have several companies involved, you start a new thread for each in the appropriate forum eg. Barclaycard for BC. That way you can list the details individually & get help from others who have experience of the specific companies?

[car2403]

I'm interested in the CCA process (not even sure that's what it's called!) where debts can be written off if the contract is unlawful.

 

I have a loan that was taken out in mar/apr 08, is there no way that the process will work for this debt?

 

Also could you tell me if bank overdrafts and secured home loans can be challenged in this way?

 

Thank you.

 

Debts aren't written off because they are unenforceable. They may be written off it the creditor doesn't want the hassle of chasing an unenforceable debt, as the "power" behind the agreement has been lost, or doesn't want to pass it to a DCA that specialises in unenforceable debt collection. (There are some right expert companies out there that do this!)

 

All the "CCA process" achieves is confirmation of whether an existing debt is enforceable or not. Don't believe the hype that unenforceable debt = debt written off - that, IMHO, is a very clever marketing tool used by credit agreement write off companies. This doesn't work like that in practice.

 

Overdrafts are definately challengable - although it's a long haul to get there. There are some links in my sig that will help you here, or you can read this when you have a few spare hours;

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/110184-car2403-barclays-bank-default.html

 

Secured loans covered by the CCA are also challengeable, but you have to weigh up the options - if you're in arrears, is it in your interests (considering the interests of your lender) to challenge it in this way? Secured debts should and are priority debts, whereas unsecured debts aren't.

[MAGDA]

Was reading PT's excellent thread on why he considers the Egg agreements to be flawed, and one thing I noticed was that he mentions Egg do not state any interest rate for cash withdrawals/advances, and therefore the agreements are missing a prescribed term. It suddenly struck me then that GE money agreements (for store cards) do not provide this term either. With the old store cards, Debs, Mothercare, etc, it was possible to obtain a cash advance on the card, but there is nothing within the actual agreement that clarifies at what interest rate this type of transaction is charged. Any opinions appreciated. Magda

[phatram]

T&Cs as a separate document don't comply with the CCA, all the 'prescribed terms' MUST be on the ONE document you sign as an agreement, else it is not properly executed.

 

Old boys or no, a judge CANNOT enforce an agreement that doesn't contain all the prescribed terms under CCA127(3) and 61(1)(a).

 

Under such circumstances a judge can insist a default on an agreement that is unenforceable can be removed and the credit file reflect that. Defaulting an account that is in dispute contravenes Data Protection Act s10(1) & s12(1). Permission to process data is only given by virtue of a valid credit agreement.

 

Oh .. and what 'fleeced by RBOS' said PS: Thanks FBR .. more grist to the mill m8

 

 

If this is the case, how can my wife's Mint agreement be enforcable? It clearly states in the declaration that the general conditions applying to the card are set out seperately and what is above are the card details.

[davefirewalker]

If this is the case, how can my wife's Mint agreement be enforcable? It clearly states in the declaration that the general conditions applying to the card are set out seperately and what is above are the card details.

 

 

Sorry but that DOES look enforceable...

 

the first three terms include credit limit, repayment schedule and interest.

 

the rest of anything missing would only make it improperly executed.......

 

rgds

 

Dave

[phatram]

Must admit this has always confused me.

What difference does it make if its improperly executed and is there anything she can do?

[davefirewalker]

Must admit this has always confused me.

What difference does it make if its improperly executed and is there anything she can do?

 

Not really....improperly executed, in reality means that they have to go to court to gain enforcement.....and they'll get it. However if you can show how anything missing has predudiced you, the court can re-open the agreement and you might get a reduction................ slim chance though

 

rgds

 

Dave

[phatram]

Many thanks.

[phatram]

Many thanks.

Would you take a look at my wifes thread please, there are differences of opinion.

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/123233-mrs-p-mint.html

[spurs13]

Could someone please answer me a question. With regards to unenforceable credit card agreements ~ can we pursue this once a CCJ or charging order has been issued? Only when we obtained the CCJ/C.O. we knew nothing about unenforceable credit agreements so did not object to the debt. Thanks

[spurs13]

HI are unenforceable agreements applicable when a ccj or charging order has already been issued please ~ is it worth us pursuing this. Thanks

[MAGDA]

Could someone please answer me a question. With regards to unenforceable credit card agreements ~ can we pursue this once a CCJ or charging order has been issued? Only when we obtained the CCJ/C.O. we knew nothing about unenforceable credit agreements so did not object to the debt. Thanks

 

I believe you could apply to have the original judgement set aside, which if successful, would mean that the original claim reverts to the starting point again, and you then have a chance, 2nd time around, to defend based on the fact that the claimant does not have an enforceable agreement.

 

Magda

Edited March 18, 2009 by MAGDA
typo

[car2403]

HI are unenforceable agreements applicable when a ccj or charging order has already been issued please ~ is it worth us pursuing this. Thanks

 

If you defended and it was enforced, there's probably little you can do, as you have a small window of time to appeal.

 

If you didn't acknowledge the claim, however, you can probably get the judgment set aside and defend on the basis the CCA is enforceable.

[Redletter]

I have a bank loan agreement which states;

"You will pay interest on the same basis as set out above on overdue repayments, both before or after any court judgement. In addition you must pay us all other reasonable costs and expenses we incur as a result of you breaking this agreement or our seeking repayment from you. These will include;

 

for each letter from our collections department £20

for each letter from our collections agency £20

for each letter from our solicitors, £20

etc

 

It goes on to state;

"You have no right to cancel this agreement under the CCA 1974, the timeshare act 1992 or the Financial Services (Distance Marketing) Regulations 2004.

 

Firstly - Are the charges unlawful?

Secondly - Shouldn't there be a cooling off period or is that not for unsecured loans????

[citizenB]

I have a bank loan agreement which states;

"You will pay interest on the same basis as set out above on overdue repayments, both before or after any court judgement. In addition you must pay us all other reasonable costs and expenses we incur as a result of you breaking this agreement or our seeking repayment from you. These will include;

 

for each letter from our collections department £20

for each letter from our collections agency £20

for each letter from our solicitors, £20

etc

 

It goes on to state;

"You have no right to cancel this agreement under the CCA 1974, the timeshare act 1992 or the Financial Services (Distance Marketing) Regulations 2004.

 

Firstly - Are the charges unlawful?

Secondly - Shouldn't there be a cooling off period or is that not for unsecured loans????

 

Is the above in red true ?.

[Peterbard]

Hi

 

If this was signed in the bank or on their premises it is quite possible.

The charges are of course B===cks

 

Peter

[dreamer34]

Hi

 

Just to let you all know we received the 1995 T & Cs from one creditor (credit cards) but no copy agreement so have wrote to them stating account in dispute. 3 other creditors have failed to send anything at all so have contacted Trading Standards.

 

One of the creditors took my OH to court and it was not set aside, not sure how this one will work when it comes to unenforcing it?

 

Also we are on a DMP so not sure how to go about this enforcing thingy?

Edited March 19, 2009 by dreamer34
add info

[Number6]

Hi

 

Just to let you all know we received the 1995 T & Cs from one creditor (credit cards) but no copy agreement so have wrote to them stating account in dispute. 3 other creditors have failed to send anything at all so have contacted Trading Standards.

 

One of the creditors took my OH to court and it was not set aside, not sure how this one will work when it comes to unenforcing it?

 

Also we are on a DMP so not sure how to go about this enforcing thingy?

 

Not sure what you mean by the highlighted phrase. Has your other half got a Judgment against him registered by a lender? Presumably so from what you wrote in which case have you applied to have it set aside and failed? Or what?

[dreamer34]

Not sure what you mean by the highlighted phrase. Has your other half got a Judgment against him registered by a lender? Presumably so from what you wrote in which case have you applied to have it set aside and failed? Or what?

Hi there

 

When my OH went to court we were not advised by Payplan that we could have the debt set aside, so it wasn't. (I did complain to Payplan for not informing us we could do this).

 

The debt was passed onto arrow global and then my OH received a Statatory Demand for Bankruptcy. The Judge said to my OH that it was a shame that he did not get advice before hand so we could have it set aside but we had never had this happen before. The judge said it was now down to the DCA to do what they were going to do next. I then wrote a huge complaint to the Solicitors acting for Arrow Global and the FOS whom are dealing with it, we have heard nothing since from Arrow Global.

 

Sorry to ramble on, we have not seen the credit file but am presuming that there is a judgement logged on it not sure.

[citizenB]

Dreamer, it might be a good idea to start your own thread. You will get more help that way.

[wacsa]

Hi, Sorry if this is in the wrong place!

 

I have a Lloyds TSB airmiles duo card (amex & mastercard), this was taken out after April 07, however when i applied for it i already had a Lloyds Credit card, which i think was taken out before April 07. I actually wanted the Airmiles Duo card in addition to the other Lloyds card, but they actually replaced it with the Duo card.

 

So, do you think it is worth trying to pursure this card or will they just say it was applied for and taken out after April 07? Thanks.

[car2403]

Hi, Sorry if this is in the wrong place!

 

I have a Lloyds TSB airmiles duo card (amex & mastercard), this was taken out after April 07, however when i applied for it i already had a Lloyds Credit card, which i think was taken out before April 07. I actually wanted the Airmiles Duo card in addition to the other Lloyds card, but they actually replaced it with the Duo card.

 

So, do you think it is worth trying to pursure this card or will they just say it was applied for and taken out after April 07? Thanks.

 

Which date in April?