Cap1 & CCA return

[AnimalMagic]

I think I'm in the wrong business, think I'll become a DCA - NOT!

[alisindebt]

I'm thinking that is the case with mine. They went for summary judgement and a few days before the hearing sent me a letter offering 75% discount.

 

I suspect the DCAs maybe have got wind of changes coming and are trying to collect what they can. Am I too much of an optimist?

 

Hi I agree.

 

The problem is that for some time now the debt collection industry have got away with lying, breaking the law, etc. It is owned and staffed by people who are chancers, people who will do anything to intimidate the vulnarable to make a profit.

 

With forums such as this, more and more people have come to realise that they can fighting this attitude.

 

In my own case, if you look elsewhere on my threads you will see that I challenged Lowells, who had to write off a 10500 pound debt because Abbey/MBNA never kept a copy of the original CCA.

 

Similarly CapQuest had to write off 4900 pounds because after over a year I proved to them them that there was a previous dispute with Egg.

 

Egg are now refusing to give me a copy of the CCA with an Egg card dating back to 2002. Why? Because all, or most, of their CCAs were written incorrectly are unenforceable. I have been asking since March 2009 and at every step they come up with nothing, no CA sent-they are probably waiting for the outcome of a test case which could cost them a fortune.

 

Same thing with an Egg loan CCA. They missed out essential prescribed terms and conditions, so that is also unenforceable. I have refused to pay around 2500 pounds on that also.

 

It has taken a long time to get this information out in the open, it was very much a closed industry. There is a wind of change happening, but it will still take time. The next big ones will be the refund of bank charges and I think also Egg have got themselves into a whole big problem to come. Reading on here, it seems like many of their CCAs are unenforceable.

[Bigdebtor]

Ali

 

I have an Egg loan that they made me take out to pay an overlimit Egg Card and I think it may too be unenforceable. What terms does your Egg Loan CCA miss out?

 

BD

[alisindebt]

Ali

 

I have an Egg loan that they made me take out to pay an overlimit Egg Card and I think it may too be unenforceable. What terms does your Egg Loan CCA miss out?

 

BD

 

If you do a search, I posted it on here. Basically they just did a two page CCA that referred to other terms and conditions, not specified. All terms and conditions, as far as I know, have to be signed for. Either in the original CCA as part of the body of the document, or as a separate, but signed document.

 

They also did not mention the cooling off period and also they missed out the total interest payable.

 

Basically they screwed up.

[Bigdebtor]

Ali

 

Do you know which post number?

 

Thanks

 

BD

[alisindebt]

No, sorry. try a search and use my name.

[citizenB]

Ali

 

Do you know which post number?

 

Thanks

 

BD

 

alisindebt has 3 egg threads.. here you go.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/200370-egg-laond-capquestt-threats.html

 

 

http://www.consumeractiongroup.co.uk/forum/egg/200792-egg-capquest-threats.html

 

http://www.consumeractiongroup.co.uk/forum/egg/218993-bye-bye-capquest-egg.html

 

HTH

[alisindebt]

Thanks!

 

Yes, all the CCAs are there-scanned them all- and other information. I think you will find it helpful.

[johnerog]

Hello all. Just a quick post. I have only been a cagger since March but over the last couple of months I sense a change in the confidence of the people on here. We may be all over country and from all walks of life but I think the support we give to each other, including the site team, is giving the likes of Cabot sleepless nights.

Excellent....

[andrew1]

Hello all. Just a quick post. I have only been a cagger since March but over the last couple of months I sense a change in the confidence of the people on here. We may be all over country and from all walks of life but I think the support we give to each other, including the site team, is giving the likes of Cabot sleepless nights.

Excellent....

 

The Cabot Fan Club stole their beds nearly 3 yrs ago and Cabot haven't had a nights sleep since and everyone as you say has carried on the tradition

Last years accounts showed an £18 million loss swing over the time they hadn't heard of Cag....I'd say £18 mill is one timely reminder wouldn't you?

 

The synergy of people on this forum is amazing now they know they can take on these companies without fear.

 

Andrew1

[alisindebt]

Hello all. Just a quick post. I have only been a cagger since March but over the last couple of months I sense a change in the confidence of the people on here. We may be all over country and from all walks of life but I think the support we give to each other, including the site team, is giving the likes of Cabot sleepless nights.

Excellent....

 

Absolutely!

 

I could not have written off around 20 000 pounds without this help.

 

The banking system in our country has changed from being a conservative business (small c for conservative) to being an aggressive business that thinks nothing of taking money from the vulnerable.

 

As a team, we can beat them.

 

I am now fighting to have credit reference agency records removed. Guess what, when my debts were written off, the defaults remained.

 

I have written asking for removals and I have also written to MPs.

 

The defaults are still there. The system is totally corrupt.

 

I am sure that as a person who has befitted from the site and who has made a financial contribution to the site that my success stories will be an influence to all that have come here for help.

[AnimalMagic]

If some one has been overpaying mortgage payments for 2-3 years on an interest only mortgage, can they be held to be in arrears if they then miss a payment and that payment is less than what has been overpaid?

 

Any opinions and legal references appreciated

[pedross]

If some one has been overpaying mortgage payments for 2-3 years on an interest only mortgage, can they be held to be in arrears if they then miss a payment and that payment is less than what has been overpaid?

 

Any opinions and legal references appreciated

 

In my opinion it is definately a missed contractual payment so it will show as a missed payment on your credit file. Are you in arrears? you need to talk this through with the lender because you have in fact paid more than you contractually agreed to pay overall.

 

I expect that they will want you to make the missed payment because you agreed to make monthly payments for xx months. The fact you have chosen to pay extra was your choice. You need to look at the original offer and conditions.

 

Pedross

[AnimalMagic]

They are not alleging a breach of the agreement, they are alleging the account is in arrears.

[pedross]

Thats because there is a missed contractual payment which you must catch up as you agreed to make a payment every month. If you pay extra one month it does not carry forward to the next.

[johnerog]

Absolutely!

 

I could not have written off around 20 000 pounds without this help.

 

The banking system in our country has changed from being a conservative business (small c for conservative) to being an aggressive business that thinks nothing of taking money from the vulnerable.

 

As a team, we can beat them.

 

I am now fighting to have credit reference agency records removed. Guess what, when my debts were written off, the defaults remained.

 

I have written asking for removals and I have also written to MPs.

 

The defaults are still there. The system is totally corrupt.

 

I am sure that as a person who has befitted from the site and who has made a financial contribution to the site that my success stories will be an influence to all that have come here for help.

Hi Alis.

Did you get these writen off thru no regulated agreement?

Don't forget that if there is no signed agreement they do have your permission and if they say that you signed an aplication form giving consent then an application trying to bind to a future contract is void ergo your permission is void. (Paul Walton)

I have been trying to explain this to the info comm with very little, make that, no success.

Why are we saddled with such limp enforcement agencies in this country. They just can't seem to be arsed.

[Bigdebtor]

I agree . I am going to start a new thread called "Do you feel the public regulatory/enforcement agencies are doing a good job for the Consumer?

 

BD

[alisindebt]

Hi Alis.

Did you get these writen off thru no regulated agreement?

Don't forget that if there is no signed agreement they do have your permission and if they say that you signed an aplication form giving consent then an application trying to bind to a future contract is void ergo your permission is void. (Paul Walton)

I have been trying to explain this to the info comm with very little, make that, no success.

Why are we saddled with such limp enforcement agencies in this country. They just can't seem to be arsed.

 

It was written off by no CCA in one case and a prior dispute with the original creditor (CCJ was set aside), so the account should never have been sold. Signatures were not an issue in my case.

[johnerog]

Hi Alis.

Just thinking; no sigs, no permission, no right to pass info.

[alisindebt]

Hi Alis.

Just thinking; no sigs, no permission, no right to pass info.

 

The unfortunate thing is they they still pass on information, even when a debt is written off. I have taken advice on another thread on here, by a great guy called Vint, and have used his argument against experian.

 

The problem is that Experian and the other CRAs are in bed with the banks and DCAs.

 

Getting entries removed is like pulling teeth.

 

Also, the regulatory authorities allow this sort of thing to happen.

 

Unfortunately politicians are also part of this [problem]. How often do you see that a senior politician on leaving politics gets a juicy job in the City with a bank, etc?

[car2403]

If some one has been overpaying mortgage payments for 2-3 years on an interest only mortgage, can they be held to be in arrears if they then miss a payment and that payment is less than what has been overpaid?

 

Any opinions and legal references appreciated

 

Yes, as the agreement is to pay a certain amount each month - if you've overpaid in previous months, that isn't relevant and you're in breach of the agreement.

 

Nothing to do with the Consumer Credit Act, though.

[Cristal]

Hi,

 

I'm off another tangent, if that's okay?

 

I've been to-ing and fro-ing with M&S Money on a Personal Reserve Acc't. In response to my CCA request, they sent me a grainy copy of an application and some equally grainy T&Cs. Even tho it's smudgy, I can see enough to think it's unenforceable. After endless correspondence about my 'complaint', I rec'd a letter from the Customer Relations Team, saying they have liaised with their legal department who confirm 'We have provided copies compliant with the Regulation 3(2)(b) of the Consumer Credit (Cancellation Notices and copies of Doucments) regulations 1983. There is no duty under section 78 that the original or a photocopy of the original signed agreement be provided.'

 

Is this correct?

 

Thanks in advance!

 

CX

[captain2]

Hello - I too have a personal reserve account and the original copy sent to me is dark, grainy and almost totally illegible the only thing I can make out is the interest rate which is considerably less than it is now and ticked box for PPI - I have had it since 96. I have therefore asked for a further copy and despite sending numerous letters and at least one cheque for £1 have still not got it. I have also asked for PPI details. Their staff when I have taken the odd call are rude and aggressive. I could easily pay it but i'm not on principle. They call 10 times every day.

 

Why they cant comply with a legal and reasonable request is strange to say the least. Its one I'm thinking of issuing proceedings against in small claims court as its only £800 odd and they will owe me more than that in mis-sold PPI and unfair interest charged.

 

A solicitor friend tells me, which you can see in the CCA is a requirement that agreements have to be legible - but a claims solicitor I spoke to said they only have to produce a legible one for comparision for a court to enforce it ! Sounds bit against the CCA to me to be able to enforce. Actually they are worse than MBNA and almost as bad as Monument for harrassment. Surprising given their good image.

 

Let me know how you get on please !

[rapidres]

Hi All

 

I am thinking about starting the process of asking LloydsTSB for my credit card agreement but do not know what to do. I have heard that there are letters and time scales to follow, can anyone point me in the direction of these letters and advise on the timescales.

 

If these timescales are not adhered to is it best that I continue to pay until the timescales have ran out (this is because if I lose then at least I do not have to find a large sum of money to pay after missing a number of payments), does it help their case if I continue to pay or it does not make a difference?

 

How difficult is it to prove that my card may be unenforceable?

 

Finally has anyone had any success?

 

Your help will be very helpful

[captain2]

Get the agreement first then ask the questions once you know whats in the agreement.....