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Cap1 & CCA return


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I didn't think you could use the CCA route for closed accounts anyway, regardless of the 6 year rule?

 

Have I mis-understood that? Is it possible to use it for closed accounts if it's within 6 years?

 

Not sure what you mean by CCA route - I have a copy of the agreement and the default notice, so don't need to get these. The default notice is defective and as such, my actual liability was some £300 odd. Definate case of unlawful recission of contract. Only question really is it too late to make a claim?

 

 

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Sorry, hadn't read the question properly, but my question is actually the same - I thought the only thing you could get them on after an account had closed was charges etc, I didn't think you use anything else (be it a dodgy CCA as I originally said, or a dodgy default as you've just corrected me:)).

 

If there are charges though I'm sure one of the site team (could be bankfodder actually) is pushing for people to claim back further than 6 years. This rings a bell as I asked the same thing a while ago for a PPI and charges claim, and whilst the SoL gives you 6 years, it should be possible to go back further. Don't ask me under what legislation this is, it's too early and my brain isn't up and running yet:)

Time flies like an arrow...

Fruit flies like a banana.

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notwtihstanding the limitations on debts- i was under the impression that there is a 7 year limitation on brining most types of civil actions- but i stand to be corrected on this

 

nope..it can be 12 years for a mortgage or interim charging order........personal experience

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Ok, I've just realised how dense I'm being here. Most of my cards are terminated and the agreements are kaput and have been for some time, and yet I'm still chasing them for inaccuracies on their part. Ignore me, I'm obviously having a very blonde day. Quite a feat for a brunette:rolleyes:

Time flies like an arrow...

Fruit flies like a banana.

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notwtihstanding the limitations on debts- i was under the impression that there is a 7 year limitation on brining most types of civil actions- but i stand to be corrected on this

 

I think I remember the original argument was something about a clause in the limitation act which is an exception to the 6 year rule. Can't find it - the search on this forum sucks. Also can't find the bit that says DCA needs the original agreement to enforce.

 

 

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I had a Barcleycard in 1995 which i never paid off me and my husband split up and i had alot of debt i was paying some of it every month. I havent paid it off yet and not made a payment for years once a year a debt company write to me its never the same one, its been 13yrs now, should it not be wrote off? or should i ask for the cca?

 

Please help

 

Mandie

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I had a Barcleycard in 1995 which i never paid off me and my husband split up and i had alot of debt i was paying some of it every month. I havent paid it off yet and not made a payment for years once a year a debt company write to me its never the same one, its been 13yrs now, should it not be wrote off? or should i ask for the cca?

 

Please help

 

Mandie

 

if you havent made a payment OT acknowledged the debt for 6 years (check it carefully) then you are "home and free"

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if you havent made a payment OT acknowledged the debt for 6 years (check it carefully) then you are "home and free"

 

Providing of course that you are equipped with that knowledge. I wasn't and got stung for near 7K, added as a charge against my property which has now been cleared by virtue of a Lehmans sub prime garbage loan which itself went toxic. It went toxic because the lender kept on screwing me. I have paid and paid all my 'obligations' in full. Trouble is I have 12 more years of this sh**

 

All this for statute barred debt which a bunch of chancers sweeped up and enforced. And the court just rolled over and let them do it. No protection for a consumer who was naive in respect of his rights at the time. I'm still paying dearly for this smash and grab raid by the biggest criminals in history and it's brought us to the brink of repossession 4 times this year.

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Sorry...this might be going a bit off the current mood of the thread, but is an overdraft ruled by the CCA? I sent a CCA letter to Natwest ages ago re my (large) overdraft, never got a reply. Just rec'd a v nasty letter from Incasso, treating me like Pubic Enemy Number One and threatening legal action.

 

Assume I should send a SAR to Natwest.

 

But, meanwhile, what is the situation re overdrafts and the CCA?

 

The more I read on the site about this,, the more confused i get!

 

Thanks!!

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Sorry...this might be going a bit off the current mood of the thread, but is an overdraft ruled by the CCA? I sent a CCA letter to Natwest ages ago re my (large) overdraft, never got a reply. Just rec'd a v nasty letter from Incasso, treating me like Pubic Enemy Number One and threatening legal action.

 

Assume I should send a SAR to Natwest.

 

But, meanwhile, what is the situation re overdrafts and the CCA?

 

The more I read on the site about this,, the more confused i get!

 

Thanks!!

Hi Cristal,

 

No, Overdrafts are not covered by CCA 1974.

 

If you take a look through the bank charges forum, you can make a claim for charges and interest on those.

 

Vint

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but is an overdraft ruled by the CCA?

 

No, Overdrafts are not covered by CCA 1974

 

Not quite, actually.

 

There's a link in my signature about Overdrafts and the CCA.

 

You may want to get your head around this, too;

 

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

 

;)

 

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Not quite, actually.

 

There's a link in my signature about Overdrafts and the CCA.

 

You may want to get your head around this, too;

 

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

 

;)

 

Car, I've just glimpsed at your thread.....I know what I'll be reading today! Is it significant that Nat West has not yet put a DN on the account? I've just had a threatening letter and I'm sure a DN can't be far behind! Thanks again! Cx

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