Cap1 & CCA return

[IainHL]

.

I have decided as suggested by Means2anend to go ahead and ask for my agreements and see what comes back if anything. I presume providing I keep on paying the minimum payments they will not be able to record anything negative with the CRA’s - my only concern is whether writing to ask for copies of my agreements is likely to antagonise them in any way - I have had a few card companies increase my interest rate over the years and I am worried that if I pee them off they may put the rate up so high that I wouldn’t be able to afford the repayments which could force me into default etc so if anyone has any thoughts about the likelyhood of this please let me know.

 

Cashface, you are correct, as long as you keep on paying the minimum payments they will not be able to record anything negative with the CRAs.

 

Also, merely making a CCA1974 ss.77-79 request for your credit agreements really shouldn't antagonise them, not lead to any negative action on their part, as long as you do keep on making the payments.

 

And finally, as DD says, one application (hence credit report search) for a new card cannot be counted against you. I would emphasise as you apply that it is to use the balance transfer facility (hence I would probably do it on paper myself, with a covering letter), because in that way you would be more likely to pass the affordability part of the assessment. In your covering letter say that it is your intention when the balance is transferred to ask the existing card to reduce your creit limit (or even close the account if you can transfer all the balance). It would help here if you could find a company that doesn't just rely on plugging things into the computer and seeing what it says (that means avoiding HBoS). Anyone got any pointers on this front?

[means2anend]

Cashface

 

Also remember that you are not making a ''credit application'' but a ''credit quotation/search''

 

The use of the word ''application'' may have a negative impact on your current acceptable credit rating as IainHL stated above

 

m2ae

Edited April 16, 2010 by means2anend

[gh2008]

I have had a few card companies increase my interest rate over the years and I am worried that if I pee them off they may put the rate up so high that I wouldn’t be able to afford the repayments which could force me into default etc so if anyone has any thoughts about the likelyhood of this please let me know.

 

Remember that you can reject any of these non-negotiated unilateral changes and then carry on repaying at the currently agreed monthly rate at the current interest rate, although obviously you will not be able to draw further on the account.

[MAGDA]

Hi, just been wondering, if a credit card account falls into arrears, but a payment plan is then negotiated with the lender and you make these payments religiously each month, should the lender then be reporting that you are say, 2 payments late or whatever. I've been having some problems with Lloyds Tsb and it seems they've been causing problems for a number of others on the forum as well. I had an account that hit problems around 2003/2004 and I'm pretty sure at that time they would have issued a DN. I then agreed to make payments of £5 pm, which they were happy with. No adverse reports were being made on our credit file and the interest was frozen. Recently though, Lloyds wrote and said as a gesture of goodwill they were clearing the arrears on the account to give us a fresh start. They've done this with other people as well. However, we weren't in a position to make the contractual payment, as well they knew, so of course, it was only a short time before 'new' arrears accrued, because although they hadn't said they would no longer accept our £5, it seems they were then expecting the full monthly payment and were charging interest again, all without informing us of this.

 

I wrote querying the arrears that was accruing and the interest, but they ignored our letters and issued a DN (the second one, as far as I am aware). I have involved the FOS and Lloyds on hearing this has suddenly responded 8 weeks down the line and after completely ignoring our letters up until now. I have the complaint form from the FOS which I can send off still if I need to.

 

My credit file, which is due to start looking a lot healthier soon as all of the defaults dating from 2004ish are due to drop off soon, is now showing adverse history reported by Lloyds, stating that we have been 2 payments in arrears, etc. Lloyds say that a default wasn't registered with the credit agencies six years ago and they can report like this now if they wish - even though we have actually been making the agreed payments of £5 each month and haven't missed any.

 

This all seems very wrong, as it is really going to mess our credit file up again. Lloyds has now said they are going to transfer our account to their Consumer Debt Recovery Dept and will accept £5 again, but we will receive legal type letters "some very strongly worded!"

 

Does anyone remember, do Lloyds usually issue a DN when an account falls into say three months arrears, regardless of whether they are still handling it, or whether it's been passed to their CDR dept? I seem to remember that they did - guess a SAR is in order.

 

Sorry this is a bit long,

 

Many thanks, Magda

Edited April 16, 2010 by MAGDA

[diddydicky]

they would normally record the fact with the CRA's that you are on an arranged payment plan ( which to me would seem a reasonable thing to do)

 

that they accept reduced payments but still show you two months in arrears seems a bit spiteful to me

 

 

however the reduced payments will still show for 6 years after the last payment was made so future creditors will still see that you were making reduced payments up until then in any event

 

which i suggest- in the present climate will have the same effect on your ability to obtain further credit

 

on reflection - it might have been better to have had a ccj - that way the ccj would have fallen off your file after 6 years - paid or unpaid!!

[MAGDA]

they would normally record the fact with the CRA's that you are on an arranged payment plan ( which to me would seem a reasonable thing to do)

 

that they accept reduced payments but still show you two months in arrears seems a bit spiteful to me

 

 

however the reduced payments will still show for 6 years after the last payment was made so future creditors will still see that you were making reduced payments up until then in any event

 

which i suggest- in the present climate will have the same effect on your ability to obtain further credit

 

on reflection - it might have been better to have had a ccj - that way the ccj would have fallen off your file after 6 years - paid or unpaid!!

 

Thanks DD, wasn't sure what happened as far as the credit file is concerned. Most of the entries are defaults and are due to drop off soon as mentioned, but from what you say, if we have made payments on any of these accounts, they will continue to show up on the file for yet another six years from the last payment - so if it's a debt that isn't going to be realistically cleared any time soon, the entries could still be there 10 years down the line or longer? Don't know why, but I always assumed when the DN dropped off, the whole entry dropped off as well, completely disappearing from the file.

 

Oh well, we've managed this long without credit and to be honest we don't intend to ever take out credit cards/loans again - it's just handy if for example you want to change your mortgage to a new lender, that kind of thing, if your credit file is half way decent.

 

Cheers for the advice,

 

Magda

[lexis200]

Lloyds say that a default wasn't registered with the credit agencies six years ago and they can report like this now if they wish - even though we have actually been making the agreed payments of £5 each month and haven't missed any.

 

This all seems very wrong, as it is really going to mess our credit file up again. Lloyds has now said they are going to transfer our account to their Consumer Debt Recovery Dept and will accept £5 again, but we will receive legal type letters "some very strongly worded!"

 

Does anyone remember, do Lloyds usually issue a DN when an account falls into say three months arrears, regardless of whether they are still handling it, or whether it's been passed to their CDR dept? I seem to remember that they did - guess a SAR is in order.

 

Sorry this is a bit long,

 

Many thanks, Magda

 

This is exactly what they've done to me Magda:mad: I have been paying on a plan for over 2 years. Last Sept I wrote and offered them a f+f, which a lady from their debt arm phoned to talk about. They couldn't accept the offer, but what I did find out was that the plan I was on (and which I guess you would have been on too) was no longer one they used. However, despite this they had put on my file that I was on the plan until 2014 and that I would not be contacted etc until then.

 

In Feb this year I had two letters (two accounts) stating that my plan had ended and I had to pay the standard minimums plus the standard interest and charges. I wrote, and to date they've not answered. I checked my account and they had added on a months interest to both - wiping out in one go the entire years payments I'd made. After this I phoned them (recorded of course) to explain the situation, and to his credit the chap I spoke to said he'd get me back to paying what I was, and would refund the interest charged, which did actually happen.

 

What annoyed me was that he just kept saying the plan I was on was no longer available. I did tell him several times that I had been told that in Sept, but I had also been told that as I was already on it it would be honoured for another 4 years; I also told him I had recorded this conversation. Unfortunately it did not help and I am in the same boat as you - back on a plan but for 10 months instead of 4 more years, transferred to their 'you're a terrible person' dept and will have 'scary looking letters that we have to send out'.

 

I also had a DN from a couple of years ago which is kaput, and which up till now I'd not done anything about as it's such a large amount (didn't want to rock the boat:eek:), but I think I'll have to point this out to them. As with you, the notice was issued but no default ever placed on my file, and also they have no record of the account being defaulted and terminated. What's best with my DN though is that it demands arrears of.....£0.00 - which I paid, instantly!

 

Honestly, sometimes I think it would just be easier to declare myself bankrupt. It's only what it would do to my parents that really stops me.

[lexis200]

Quick question re: credit reports - once you've completely paid off an account, can you then demand the whole entry is removed as you no longer have an association with the creditor and as such the report is irrelevant (or some other argument)?

[diddydicky]

Thanks DD, wasn't sure what happened as far as the credit file is concerned. Most of the entries are defaults and are due to drop off soon as mentioned, but from what you say, if we have made payments on any of these accounts, they will continue to show up on the file for yet another six years from the last payment - so if it's a debt that isn't going to be realistically cleared any time soon, the entries could still be there 10 years down the line or longer? Don't know why, but I always assumed when the DN dropped off, the whole entry dropped off as well, completely disappearing from the file.

 

Oh well, we've managed this long without credit and to be honest we don't intend to ever take out credit cards/loans again - it's just handy if for example you want to change your mortgage to a new lender, that kind of thing, if your credit file is half way decent.

 

Cheers for the advice,

 

Magda

 

i think that in time the mortgage lenders will HAVE to come to some sort of Amnesty so all is probably not lost

[MAGDA]

This is exactly what they've done to me Magda:mad: I have been paying on a plan for over 2 years. Last Sept I wrote and offered them a f+f, which a lady from their debt arm phoned to talk about. They couldn't accept the offer, but what I did find out was that the plan I was on (and which I guess you would have been on too) was no longer one they used. However, despite this they had put on my file that I was on the plan until 2014 and that I would not be contacted etc until then.

 

In Feb this year I had two letters (two accounts) stating that my plan had ended and I had to pay the standard minimums plus the standard interest and charges. I wrote, and to date they've not answered. I checked my account and they had added on a months interest to both - wiping out in one go the entire years payments I'd made. After this I phoned them (recorded of course) to explain the situation, and to his credit the chap I spoke to said he'd get me back to paying what I was, and would refund the interest charged, which did actually happen.

 

What annoyed me was that he just kept saying the plan I was on was no longer available. I did tell him several times that I had been told that in Sept, but I had also been told that as I was already on it it would be honoured for another 4 years; I also told him I had recorded this conversation. Unfortunately it did not help and I am in the same boat as you - back on a plan but for 10 months instead of 4 more years, transferred to their 'you're a terrible person' dept and will have 'scary looking letters that we have to send out'.

 

I also had a DN from a couple of years ago which is kaput, and which up till now I'd not done anything about as it's such a large amount (didn't want to rock the boat:eek:), but I think I'll have to point this out to them. As with you, the notice was issued but no default ever placed on my file, and also they have no record of the account being defaulted and terminated. What's best with my DN though is that it demands arrears of.....£0.00 - which I paid, instantly!

 

Honestly, sometimes I think it would just be easier to declare myself bankrupt. It's only what it would do to my parents that really stops me.

 

Your situation does sound just like mine lexis. I know of someone else as well who is paying a set amount each month and hasn't missed one payment and she has recently had a letter from a DCA saying she has not adhered to the payment arrangement etc. I really don't know what Lloyds are playing at but whatever it is, it's very annoying!

 

Seems like you are constantly banging your head against the wall doesn't it - if you make payments which are a drop in the ocean, then this is going to show on your credit file for six years after the last payment, and if you don't make payments then you risk being taken to court (although that can obviously happen anyway) and ending up with a CCJ (although that will be gone from the file in six years), or perhaps not paying at all, getting a default and the entry, if you haven't made any payments, will I presume disappear at that point.

 

Seems like it's a no win situation sometimes doesn't it.

 

Magda

[diddydicky]

This is exactly what they've done to me Magda:mad: I have been paying on a plan for over 2 years. Last Sept I wrote and offered them a f+f, which a lady from their debt arm phoned to talk about. They couldn't accept the offer, but what I did find out was that the plan I was on (and which I guess you would have been on too) was no longer one they used. However, despite this they had put on my file that I was on the plan until 2014 and that I would not be contacted etc until then.

 

In Feb this year I had two letters (two accounts) stating that my plan had ended and I had to pay the standard minimums plus the standard interest and charges. I wrote, and to date they've not answered. I checked my account and they had added on a months interest to both - wiping out in one go the entire years payments I'd made. After this I phoned them (recorded of course) to explain the situation, and to his credit the chap I spoke to said he'd get me back to paying what I was, and would refund the interest charged, which did actually happen.

 

What annoyed me was that he just kept saying the plan I was on was no longer available. I did tell him several times that I had been told that in Sept, but I had also been told that as I was already on it it would be honoured for another 4 years; I also told him I had recorded this conversation. Unfortunately it did not help and I am in the same boat as you - back on a plan but for 10 months instead of 4 more years, transferred to their 'you're a terrible person' dept and will have 'scary looking letters that we have to send out'.

 

I also had a DN from a couple of years ago which is kaput, and which up till now I'd not done anything about as it's such a large amount (didn't want to rock the boat:eek:), but I think I'll have to point this out to them. As with you, the notice was issued but no default ever placed on my file, and also they have no record of the account being defaulted and terminated. What's best with my DN though is that it demands arrears of.....£0.00 - which I paid, instantly!

 

Honestly, sometimes I think it would just be easier to declare myself bankrupt. It's only what it would do to my parents that really stops me.

 

if you are ever in the position to declare yourself bankrupt then DONT

 

If you have no home or assets to worry about then this puts you in a STRONG bargaining position

 

especially at the present time when the finance companies have taken big hits

 

instead of making yourself bankrupt just write to your creditors saying you can no longer cope therefore they can either write off your debt and give you a fresh start or they can swivel!

 

none of them is going to spend the £1500 or so that it would need to commence the proceedings

 

they will not throw good money after bad

[MAGDA]

i think that in time the mortgage lenders will HAVE to come to some sort of Amnesty so all is probably not lost

 

Hope so!

[lexis200]

if you are ever in the position to declare yourself bankrupt then DONT

 

If you have no home or assets to worry about then this puts you in a STRONG bargaining position

 

especially at the present time when the finance companies have taken big hits

 

instead of making yourself bankrupt just write to your creditors saying you can no longer cope therefore they can either write off your debt and give you a fresh start or they can swivel!

 

none of them is going to spend the £1500 or so that it would need to commence the proceedings

 

they will not throw good money after bad

 

I'd like to think that DD, but BOS are sending dca's out like confetti for OH's accounts which total under 4k, and which we've not paid anything on for over 18 months due to toilet paper agreements and defunct DN's. Ditto pretty much everyone else.

 

My accounts with lloyds are significant and I can't see them accepting anything like a write off. When I offered them a f+f last year, I told them a) it was an offer from a friend, not my money and b) that there was no way my income would be increasing in the foreseeable future so the debt would take about 45 years to pay off. Again nothing, even though they know no home/assets/saving are there:(

[diddydicky]

I'd like to think that DD, but BOS are sending dca's out like confetti for OH's accounts which total under 4k, and which we've not paid anything on for over 18 months due to toilet paper agreements and defunct DN's. Ditto pretty much everyone else.

 

My accounts with lloyds are significant and I can't see them accepting anything like a write off. When I offered them a f+f last year, I told them a) it was an offer from a friend, not my money and b) that there was no way my income would be increasing in the foreseeable future so the debt would take about 45 years to pay off. Again nothing, even though they know no home/assets/saving are there:(

 

they may well do so- but its all bluff and bluster

 

apart from business debts- the only people who will make you bankrupt on a matter of principle are the revenue and sometimes AMEX

 

trust me- if you have no assets you are in a good place to negotiate

 

If you were going to do so yourself (around £500) why on earth would you do so when someone else could pay for it anyway

 

trust me i'm a gyncolcologist (well i'm not really but always prepared to have a good old ferret around and sort things out!!)

[lexis200]

they may well do so- but its all bluff and bluster

 

apart from business debts- the only people who will make you bankrupt on a matter of principle are the revenue and sometimes AMEXSo, would you literally just tell them 'i can't pay, either bankrupt me or write it off - oh and by the way I have nothing for you to take if you do'? Can it really get that easy? I suppose I can actually show I have sod all, it's just my OH that concerns me, especially as we are finally going to get married this year (assuming I don't get ill again and my bleedin' dad doesn't tear his other achilles tendon!). I know that in itself doesn't give a financial link, but I wouldn't put anything past them!

 

trust me- if you have no assets you are in a good place to negotiate

 

If you were going to do so yourself (around £500) why on earth would you do so when someone else could pay for it anyway

 

trust me i'm a gyncolcologist (well i'm not really but always prepared to have a good old ferret around and sort things out!!)This may be the single most disturbing thing I've ever read:eek:

 

Lexis:)

[diddydicky]

well, it is always your decision and i cannot advise you whats best for you personally however if you are planning getting married- then you are potentially going to lumber your new husband with your debts- as it will affect him too at a later stage

 

a good reason i would have thought - to clear the decks beforehand

 

If you intended this action then clearly you should write to your creditors listing all your debts and assets in a firm but not confrontational way- pointing out that you can no longer continue to make offers of payment which you know you cannot afford- that you are a "man (woman) of straw (look it up on google) and that your healthy is suffering from the stress of it all to the extent that, if you could afford it- you may well have made yourself bankrupt by now)

 

then explain that for the sake of your health and well being you are no longer prepared to make even token payments and that if they (the creditor) wish to make you bankrupt as a result- rather that write off the debt and allow you a fresh start- then so be it.

 

you could also get a free 30 minute solicitors consultation to discuss this move first (some solicitors would actually write a letter on you behalf - which always makes the creditor sit up and notice a bit more)

 

you could be potentially clear of bankruptcy within 12 - max 24 months provided you haven't done something really naughty

 

 

There is also another quick alternative to bankruptcy if you have assets less than ( i think) £300 (but you can also own a car) its called a dent relief order and is an option providing your debts do not exceed £15,000 and your income after tax is less than £50 quid a month (may be profitable to be unemployed)

 

basically it protects you from your creditors for 12 months and if your income has not improved in that time then your debts are all written off

 

(Google it)

Edited April 16, 2010 by diddydicky

[IainHL]

Hi, just been wondering, if a credit card account falls into arrears, but a payment plan is then negotiated with the lender and you make these payments religiously each month, should the lender then be reporting that you are say, 2 payments late or whatever. I've been having some problems with Lloyds Tsb and it seems they've been causing problems for a number of others on the forum as well...

I have experienced similar problems with RBS group (NatWest personal loan and Tesco personal loan), and Co-op (credit card). All of these have been on a debt management plan since late 2006, and all quickly reached the point of reporting me as being permanently 6 months in arrears on my credit report.

 

NatWest had sent me a default notice, but refused to register this fact when I asked them to do so. In Autumn 2009 they admitted they could not find the agreement. I am currently trying to get them to agree a write-off or take me to court.

 

Tesco had an agreement, but fortunately it is the smallest of all the debts and therefore the one I will settle first, meaning that the poor payment history will only hang around for 6 years after that point.

 

Co-op shot themselves in the foot by lumbering on to sending a default notice and terminating, despite having an improperly executed agreement. That default is now recorded on my credit report, which is fine by me as I reckon (if you have many other defaults as I do) that one more default is less damaging than a 36 month payment history of permanently 6 months in arrears.

 

As for what happens after 6 years. Well Experian specifically say a defaulted account is removed after 6 years. My debt management plan has a span of 12 years. So in late 2012/early 2013 (6 years from the defaults) I expect my credit report to get a lot tidier, even though I will still be on my debt management plan. Unless, that is, the creditors find some way of fudging the data to keep the account on there. After all they could decide in 2011 to issue another default notice just for the sake of it, since they don't have to take the action stated ("the following action may be taken...").

 

And that to me is the problem with the CRAs. The creditors seem to get away with reporting what they feel like, and the CRAs are on their side.

Edited April 16, 2010 by IainHL
Gr, this AutoLinker annoys me, Experian has a capital E.

[MAGDA]

My accounts with lloyds are significant and I can't see them accepting anything like a write off. When I offered them a f+f last year, I told them a) it was an offer from a friend, not my money and b) that there was no way my income would be increasing in the foreseeable future so the debt would take about 45 years to pay off. Again nothing, even though they know no home/assets/saving are there:(

 

Only 45 years? just worked mine out and it's going to take around 158 years to clear, hope Lloyds aren't in any rush for their money:D Lloyds should count themselves lucky you're paying yours back so quickly - they should offer a special prize or something and make you their No.1 debtor.

 

Magda

[MAGDA]

I have experienced similar problems with RBS group (NatWest personal loan and Tesco personal loan), and Co-op (credit card). All of these have been on a debt management plan since late 2006, and all quickly reached the point of reporting me as being permanently 6 months in arrears on my credit report.

 

NatWest had sent me a default notice, but refused to register this fact when I asked them to do so. In Autumn 2009 they admitted they could not find the agreement. I am currently trying to get them to agree a write-off or take me to court.

 

Tesco had an agreement, but fortunately it is the smallest of all the debts and therefore the one I will settle first, meaning that the poor payment history will only hang around for 6 years after that point.

 

Co-op shot themselves in the foot by lumbering on to sending a default notice and terminating, despite having an improperly executed agreement. That default is now recorded on my credit report, which is fine by me as I reckon (if you have many other defaults as I do) that one more default is less damaging than a 36 month payment history of permanently 6 months in arrears.

 

As for what happens after 6 years. Well Experian specifically say a defaulted account is removed after 6 years. My debt management plan has a span of 12 years. So in late 2012/early 2013 (6 years from the defaults) I expect my credit report to get a lot tidier, even though I will still be on my debt management plan. Unless, that is, the creditors find some way of fudging the data to keep the account on there. After all they could decide in 2011 to issue another default notice just for the sake of it, since they don't have to take the action stated ("the following action may be taken...").

 

And that to me is the problem with the CRAs. The creditors seem to get away with reporting what they feel like, and the CRAs are on their side.

 

 

Yes, it wouldn't be so bad if they all registered a default at the time when problems first occur, then you could wait the six years, and they would all drop off - but then you get a creditor who messes all that up by suddenly putting a default on your file four or five years down the line, or even just as the six years are due to end. Our credit files are due to look a look better this year, nearly every entry is a default, and most haven't been receiving any payments for the same reason Lexis gave, but Lloyds is now causing problems and what annoys me is they have waited six years to do that. I also noticed we suddenly have an entry from Santander store cards which defaulted they say in 2005, goodness knows what that is.

 

As you say, they could suddenly issue another DN a year or so down the line, even though they shouldn't, and they do seem to get away with it. The CRA's certainly aren't interested, that's for sure.

 

Magda

[alisha2010]

Hi

Hope i am posting in the right place . Wonder if anyone can help . I took out credit agreements prior to 2007 with the same company a television rental company . I was a customer with them for over 15 years .It was originally a slot television putting £1 in every 3 hours ,paying for goods such as electrical ,beds etc . Extended insurance was added to each agreement which at the time I thought I had to have it .I know know differently . I was never explained to what it was what it was for ,or asked if I had my own cover . I was certainly mis sold these insurances . I am confused with the credit agreement act . Can anyone advise me on what part of the consumer credit act would help me make a claim for unfair / mis sold insurance with a rent to buy company ,on hire purchase agreements ,and is there any bodies that would take on a complaint if need be ,as the company have denied all liability for these miss sold insurances .

[Mightyacorn]

Hi

Hope i am posting in the right place . Wonder if anyone can help . I took out credit agreements prior to 2007 with the same company a television rental company . I was a customer with them for over 15 years .It was originally a slot television putting £1 in every 3 hours ,paying for goods such as electrical ,beds etc . Extended insurance was added to each agreement which at the time I thought I had to have it .I know know differently . I was never explained to what it was what it was for ,or asked if I had my own cover . I was certainly mis sold these insurances . I am confused with the credit agreement act . Can anyone advise me on what part of the consumer credit act would help me make a claim for unfair / mis sold insurance with a rent to buy company ,on hire purchase agreements ,and is there any bodies that would take on a complaint if need be ,as the company have denied all liability for these miss sold insurances .

 

Hi Alisha,

Welcome to CAG. Firstly you need to start your own thread otherwise your enquiry will be lost in this thread, secondly you need to have sight of ALL relevant paperwork. Do an SAR to the company and see what they've got.

[roygoodbeat]

I have the allocation hearing on Tuesday. Can someone check this to see if it valid:

 

1) This is a front copy of the said agreement, which clearly states application form, but is almost illegible in places.

 

http://i663.photobucket.com/albums/u.../agreement.jpg

 

2) They have supplied a reconstructed credit agreement, not a copy of the original.

Page 1:

http://i663.photobucket.com/albums/u...onstrcted1.jpg

Page 2:

http://i663.photobucket.com/albums/u...onstrcted2.jpg

Page 3:

http://i663.photobucket.com/albums/u...onstrcted3.jpg

Page 4:

http://i663.photobucket.com/albums/u...onstrcted4.jpg

Page 5:

http://i663.photobucket.com/albums/u...onstrcted5.jpg

Page 6:

http://i663.photobucket.com/albums/u...onstrcted6.jpg

 

If they produce these T&C's stating that this is what would have been set out, I am I correct that they will still need to produce the original and what parts of law state that for cards issued after 2004? (Is that the date or is it 2006) do not have to have the originals, and which parts of law state that before this date they have to supply originals?

 

Finally, when a claim is submitted and the N1CPC is sent, what should accompany this? The claim form referred to ' full particulars are supplied hitherto' but these were not served with this.

 

Can any one advise which part of the pre court protocols should they have adherred to?

 

Just beginning to panic and I want everything clear in my mind.

[alisha2010]

Thank you for your reply

Edited April 18, 2010 by alisha2010
put on wrong thread

[alisha2010]

Hi Alisha,

Welcome to CAG. Firstly you need to start your own thread otherwise your enquiry will be lost in this thread, secondly you need to have sight of ALL relevant paperwork. Do an SAR to the company and see what they've got.

 

How do I start my own thread please ,new to this . I have had all paper work back and a final reply ,they are denying any miss selling .

Thank you

[means2anend]

roygoodbeat!!!

 

I am currently checking your agreement and cross referencing with the Regulations...once I have sufficient info I shall attempt to help..in meantime you may get help from others...

 

Do you have an idea as to when you signed this agreement...it would help establish which Agreements Regulations would be regulating this particular agreement.

 

If this Sainsbury agreement was made after 31/05/2005 then it would be regulated by the Consumer Credit Agreements Amendments Regulations 2004/1482 which made amendments to the Agreements Regulations 1983/1553.

 

If you made the agreement before 31/05/05 then you would be regulated by 1983/1553 Regs which is what I am cross-referencing to at moment.

 

FIRSTLY I CAN TELL THAT THE SIGNATURE BOX IS ON THE FIRST PAGE and THAT PAGE CONTAINS NONE IF ANY OF THE PRESCRIBED TERMS!!!- S61(1) Consumer Credit Act 1974

 

Secondly they have said that if they change your CREDIT LIMIT they will let you KNOW.They are REQUIRED to GIVE YOU NOTICE..not merely ''let you know''.also their conditions in number 8 they have said that the GIVING OF NOTICE TO CHANGES IN YOUR CREDIT LIMIT DOES NOT APPLY..WRONG AGAIN!!!-Section 2(1) Consumer Credit Agreements Regulations 1983/1553 Column 2 of Schedule 1 insofar as it relates to type of agreement in Column 1

 

Their signature box says ''your signature'' this is insufficient.It SHOULD say ''Signature(s) of Debtor(s)...the plural indicating that their can be more than one cardholder..Also the signature box contains the words YOUR RIGHT TO CANCEL this is NOT ALLOWED and should not be in that box- Schedule 5 Forms Of Signature Box

 

There are also no indications of the Total Charge For Credit and Total Amount Payable...There does not appear to be a heading for default charges and a statement accompanying it.CHECK OUT POST 16935 on page 847

 

Your Credit Limit which is a Prescribed Term is supposed to state a credit limit, or the manner in which it will be determined OR that there is no credit limit-Schedule 6-Prescribed Terms For The Purposes Of Sections 61(1)a, AND 127(3) Of The Consumer Credit Act 1974. ...All they have done is to ''say that they will tell'' you your credit limit... they have NOT STATED A LIMIT nor how that limit is calculated or if those 2 don't apply that ''there is no limit''

 

Repayments: in condition 1.4 ''Your statement will show the minimum you must pay and the payment date.....

Repayments are a prescribed Term and in the Schedule 6 paragraph 5 Consumer Credit Agreements-in Column 2 states '' A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) number of repayments

(b) amount of repayments

© frequency and timing of repayments

(d) dates of repayments

(e) the manner in which any of the above may be determined;

or in any other way, and any power of the creditor to vary what is payable.

Terms and Conditions 1:4 I would argue that they may have satisfied just... (e) by referring you to a date of repayment within the statement itself

 

YOUR RIGHT TO CANCEL..In the last page it states that you have 10 days to cancel...I believe that nowhere in the Agreements Regulations 1983/1553 NOR the Amendments 2004/1482 does it expressly state the figure of 10 days. (IF THEY MEANT 14 DAYS then they ought to have said 10 WORKING DAYS)

 

All Rates of Interest..according to the Amendments Regs should be quoted on a PER ANNUM basis if your agreement is post May 2005

 

I have cross referenced your agreement as it stands only assuming that your agreement was pre 31/05/05

 

ASSUMING that the agreement was POST 31 May 2005..It then appears that the information is not under the proper FORM and HEADINGS!!! and much of the amendments made to 1983 does not affect the position above in relation to Prescribed Terms.

 

If I have made mistakes I should be grateful for the more experienced caggers/site team to correct me as we are all in this together and I would much appreciate that!

rgds

 

m2ae

Edited April 18, 2010 by means2anend