Cap1 & CCA return

[Lou-Rod26]

Hi vint im gonna upload agreement in a couple of hours ive started a new thread, its called Help new to site need assistance.

[letitbeme]

Any case history for this?

I like this:

 

10th June 2009

 

The below case exceeds our expectations for the service as not only has the credit card debt been written off but the lender has been ordered to refund all payments ever made to them by the client amounting to some £ 12,000!

 

 

A judge at Warrington County Court has made an order against a major lender as follows;

 

"The defendant shall deliver up to the Claimant:-

 

• A statement of account as required by Section 77 and Section 78 of the Consumer Credit Act 1974; and

• A declaration that the said agreement is unenforceable; and

• An account of all monies paid by the Claimant to the Defendant under the said agreement; and

• The repayment of all sums paid by the Claimant to the Defendant under the said agreement"

 

This is fantastic news for the client, as not only have they had their agreement declared unenforceable, but the lender has been ordered to pay back all monies ever paid by the client.

[vint1954]

I like this:

 

10th June 2009

 

The below case exceeds our expectations for the service as not only has the credit card debt been written off but the lender has been ordered to refund all payments ever made to them by the client amounting to some £ 12,000!

 

 

A judge at Warrington County Court has made an order against a major lender as follows;

 

"The defendant shall deliver up to the Claimant:-

 

• A statement of account as required by Section 77 and Section 78 of the Consumer Credit Act 1974; and

• A declaration that the said agreement is unenforceable; and

• An account of all monies paid by the Claimant to the Defendant under the said agreement; and

• The repayment of all sums paid by the Claimant to the Defendant under the said agreement"

 

This is fantastic news for the client, as not only have they had their agreement declared unenforceable, but the lender has been ordered to pay back all monies ever paid by the client.

Now selling the house and moving to Warrington.

[vint1954]

Hi vint im gonna upload agreement in a couple of hours ive started a new thread, its called Help new to site need assistance.

Ok, I have found the thread, so I will get notification of your post.

 

It will probably be in the morning now.

[Smarterchick]

I like this:

 

10th June 2009

 

The below case exceeds our expectations for the service as not only has the credit card debt been written off but the lender has been ordered to refund all payments ever made to them by the client amounting to some £ 12,000!

 

 

A judge at Warrington County Court has made an order against a major lender as follows;

 

"The defendant shall deliver up to the Claimant:-

 

• A statement of account as required by Section 77 and Section 78 of the Consumer Credit Act 1974; and

• A declaration that the said agreement is unenforceable; and

• An account of all monies paid by the Claimant to the Defendant under the said agreement; and

• The repayment of all sums paid by the Claimant to the Defendant under the said agreement"

 

This is fantastic news for the client, as not only have they had their agreement declared unenforceable, but the lender has been ordered to pay back all monies ever paid by the client.

 

This is usually as a result of s.106 (d) CCA '74 for secured loans:

 

s106. Where, under any provision of this Act, this section is applied to any security provided in relation to a regulated agreement, then, subject to section 177 (saving for registered charges),--

(a) the security, so far as it is so provided, shall be treated as never having effect;

(b) any property lodged with the creditor or owner solely for the purposes of the security as so provided shall be returned by him forthwith;

© the creditor or owner shall take any necessary action to remove or cancel an entry in any register, so far as the entry relates to the security as so provided;

and

(d) any amount received by the creditor or owner on realisation of the security shall, so far as it is referable to the agreement, be repaid to the surety.

[enoughisenough]

Yeah ... But a result in the courts? Does this mean that the courts havenow (rather novelly it must be said) started to consider applying the law?

[alisindebt]

As reported earlieer in this thread, I got Lowell's to close my account outstanding allegedly at 10 500 pounds, because the original bank, Abbey, did not keep a copy of the original CCA for the credit card.

 

Does this mean I can also claim back my 10 500 pounds, plus any other payments on the card?

[alisindebt]

By way of an update, this is yet another money making [problem] by Experian. Firstly, i would have thought that under the data protection act, we should al have free access to any information that a CRA has on us.

 

Experian advertises a "free month", but as you can see from my entries, it took a whole bunch of time for them to respond to my request for a correction request. Now I have to wait while they write to Lowells and CapQuest to give "permission" to correct incorrect information. So I now move into the 6.99 a month fee to be able to track the outcome.

 

What a [problem] from Experian!

[Artie44]

By way of an update, this is yet another money making [problem] by Experian. Firstly, i would have thought that under the data protection act, we should al have free access to any information that a CRA has on us.

A Subject Access request isn't free, it is £10. I agree that we should have free access to the information the CRA's hold on us as it can change frequently. It is also necessary to subscribe to all three in order to check they all have the same information. Approximately £20 per month if you do it.

[Reader]

Subbing to this brilliant thread, it's gonna take a few weeks to read it!

[johneem0607]

Subbing to this brilliant thread, it's gonna take a few weeks to read it!

 

Me too I have loads of CCJ's and some of the banks/loan companies have not chased me for the money for years, a few are still on my back and I'm paying £4/£5 per month as my finances are not too rosey.

 

I am wondering if the companies who havent chased me have written off the debts, I dont wish to contact them in fear of getting their attention, the reason for this is pretty obvious, yes I'm trying to wriggle out but also if they do come back it'll be manageable, more than likely 1 at a time..

 

is there a simple procedure to follow to fight the debt even at CCJ stage maybe to get a reasonable settlement or to ask them to write it off.

 

I need to start at the beginning of a very long list but get into a routine of how best to deal with this mountain.

 

thanks J

[alisindebt]

A Subject Access request isn't free, it is £10. I agree that we should have free access to the information the CRA's hold on us as it can change frequently. It is also necessary to subscribe to all three in order to check they all have the same information. Approximately £20 per month if you do it.

 

Hi

 

Perhaps a slight misunderstanding here. I know that it's a tenner for SARS, I have done that to several creditors.

 

the point that I was eluding to is that the CRA info should be free, there should be no charge to see what they hold on us. To charge ongoing monthly fees, not just ten quid a time, is a rip off, as is the fact that they take so long to answer, as I described above, so that the "free" month expires and you have to start paying to find your own information.

[Smarterchick]

Hi

 

Perhaps a slight misunderstanding here. I know that it's a tenner for SARS, I have done that to several creditors.

 

the point that I was eluding to is that the CRA info should be free, there should be no charge to see what they hold on us. To charge ongoing monthly fees, not just ten quid a time, is a rip off, as is the fact that they take so long to answer, as I described above, so that the "free" month expires and you have to start paying to find your own information.

 

 

I agree, damned cheek, they set these up for their own benefit and charge us for the pleasure of seeing it....word of warning though as I got caught out on this...if you cancel it, YOU HAVE TO TELEPHONE - I didn't I emailed them and asked them to cancel the subscription..they didn't and a standing order bounced as a result (okay, I don't have much cash in the bak, but that's not the point) That £6 odd tipped my balance over the limit and I got a £35 charge - Equifax say it's in their terms that you have to phone....way down in their T & C's there it is...I was not a happy bunny when electronic communication should be sufficient and legal.

[enoughisenough]

Oh dear

 

lurkers spied at 19:23. Unless they are embryonic caggers in which case sign up, get informed and start fighting back against the financial fisting you have taken all these years. If you are trolls go and crawl back under your stone. There'll be enough daylight for all to share soon.

[alisindebt]

I agree, damned cheek, they set these up for their own benefit and charge us for the pleasure of seeing it....word of warning though as I got caught out on this...if you cancel it, YOU HAVE TO TELEPHONE - I didn't I emailed them and asked them to cancel the subscription..they didn't and a standing order bounced as a result (okay, I don't have much cash in the bak, but that's not the point) That £6 odd tipped my balance over the limit and I got a £35 charge - Equifax say it's in their terms that you have to phone....way down in their T & C's there it is...I was not a happy bunny when electronic communication should be sufficient and legal.

 

They won't be happy once I send out the letters I referred to earlier in this thread.

[diddydicky]

By way of an update, this is yet another money making [problem] by Experian. Firstly, i would have thought that under the data protection act, we should al have free access to any information that a CRA has on us.

 

Experian advertises a "free month", but as you can see from my entries, it took a whole bunch of time for them to respond to my request for a correction request. Now I have to wait while they write to Lowells and CapQuest to give "permission" to correct incorrect information. So I now move into the 6.99 a month fee to be able to track the outcome.

 

What a [problem] from Experian!

 

mmmmmmm, they give you access for free for a month to check your files, for which you have to enter your personal information and past and current address,

 

........ and then sell the information to debtor tracing agents as a cheap way of finding debtors who have moved house!!

[andrew1]

mmmmmmm, they give you access for free for a month to check your files, for which you have to enter your personal information and past and current address,

 

........ and then sell the information to debtor tracing agents as a cheap way of finding debtors who have moved house!!

 

A re-direction of your mail does that too - Royal mail sell your info " To save you the trouble of informing organisations you may have had dealings with"

[AnimalMagic]

My thread is here

 

1st Crud are claiming I have no prospect of defending the claim, however they have no legible agreement, the document which they variously claim is an agreement or an application is unreadable, dates from 20 years ago, and has no sign of prescribed terms, there is no default notice, no termination notice, no accounts.

 

They do seem to have a couple of 'closing statements', though these have not been related to the illegible application/agreement and I am unable to make head nor tail of them.

 

They also now claim that a payment was made into the account in Nov 2002, but provide no evidence...

 

I basically what to know if they have any prospect of winning this and what argument can I expect?

 

Appreciate anyone's input...

[diddydicky]

My thread is here

 

1st Crud are claiming I have no prospect of defending the claim, however they have no legible agreement, the document which they variously claim is an agreement or an application is unreadable, dates from 20 years ago, and has no sign of prescribed terms, there is no default notice, no termination notice, no accounts.

 

They do seem to have a couple of 'closing statements', though these have not been related to the illegible application/agreement and I am unable to make head nor tail of them.

 

They also now claim that a payment was made into the account in Nov 2002, but provide no evidence...

 

I basically what to know if they have any prospect of winning this and what argument can I expect?

 

Appreciate anyone's input...

 

you might need to click the triangle and check with the site team what regulations applied 20 years ago as i dont know- but IMO they have about as much chance given the information you state they have/dont have, as knitting fog!

[Enron]

If the last payment was made to this alleged debt in November 2002, then surely by now a claim would be statute barred.

 

From memory if you have applied for a copy of an executed agreement under s77/s78 the creditor has to comply - I am pretty sure that a court cannot rule on an account between 1985-April 2007 where there is an agreement that does not contain all the necessary prescribed terms, and is presented as par the regulations.

 

Also from the point of view of being provided with an illegible document which is unreadable, the creditor has not discharged their duties under the request - which means they cannot enforce the agreement AT ALL either with or without a court order - as clarified to me by the Office Of Fair Trading.

 

Specific regulations are:

 

Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

 

1 Citation, commencement and interpretation

 

(1) These Regulations may be cited as the Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 and shall come into operation on 19th May 1985.

(2) In these Regulations--

"the Act" means the Consumer Credit Act 1974;

 

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed

agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety

under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

[AnimalMagic]

If the last payment was made to this alleged debt in November 2002, then surely by now a claim would be statute barred.

 

They started the action in Nov last year. They have not provided proof of this payment and their own documentation states they don't have the accounts, so it is difficult to see how they could possibly know a payment was made...

 

From memory if you have applied for a copy of an executed agreement under s77/s78 the creditor has to comply - I am pretty sure that a court cannot rule on an account between 1985-April 2007 where there is an agreement that does not contain all the necessary prescribed terms, and is presented as par the regulations.

 

I haven't specifically applied for this under s77/78. I initially asked for proof of debt as I had no knowledge of this debt. I then used the CPR letter when they started legal action.

[DOZY]

Hi

 

In daily express this morning in "your money2 it says a MBNA customer has had £8000 written off due to mistakes made when setting up the deal, the main grounds were that MBNA could not provide a copy of the original signed loan agreement. also there was a PPI elemant.

 

read @

 

Daily Express | Money | Breaking news, sport and showbiz from the World's Greatest Newspaper - updated 24/7

 

articule headed "Bank in dock over an £8-000 credit card bill"

[FlyboyAgain]

Whilst that's good news it does not set a precendent for this to be applied globally. I think each case will have to be jusdged on its own merits. or lack thereof!

 

MBNA, too! What a whack in the face for them!

[egg-sterminator]

Just a little something you may be interested in my friend and fellow cagger professorgbr had a case being handled by a solicitor, under a cpr31.6 pre action request was sent an application with a little box of t&cs on the back claiming to be original . unfortunatly for them conditions numbers clearly do not match as related conditions refferred to are totally different . This was done under an afedavit by ccc's brief . Does this make it a more serious matter than their usual deceptions they get away with and who should it be reported to ? Ihave very similar case so dont want to name ccc just yet as they may do same thing again and we would have more evidence . O and by the way we have original cca's unsigned unsure where to post any caggers help here ?

[AnimalMagic]

Whilst that's good news it does not set a precendent for this to be applied globally.

 

Perhaps not a precedent, but I may be able to use this to persuade the judge the claimant knows that the agreement is not enforceable and they are trying to mislead the court. They have claimed in their statement that the agreement number was allocated to the original agreement, when the number is an MBNA account, not the original issuer (first 4-6 digits indicates the card issuer). The agreement number has been handwritten on the application/agreement.