Cap1 & CCA return

[Guest The Terminator]

From forum to print to post and recorded delivery in 4 minutes? Can I borrow your Post Office please? I'm usually waiting in line longer than that at mine.

 

Considering it was already in the envelopes and the Post Office is just across the road from my office and there wasn't anyone in there 4 minutes aint bad.Forgot to tell you though that the timing is wrong on the forum

[meagain]

I said (erroneously) that you wouldn't have the tracking number for recorded delivery until you'd actually posted the letter. You then said you posted it at 1.30 - which is pretty impressive given you were here to put it on the forum at 1.26.

[Acerfan]

Hi all,

My bank is 2 days away from being guilty of criminal act & still not heard any more than receiving pre-contract information. Sent letter requesting full compliance with S61 - a signed agreement which they received on 14th. I'm all set to cancel the D/D before next payment due. However, I just wanted to check something. While the account's in dispute & I'm not making payments, do I need to keep the money to one side ie can they demand I pay all monthly payments I've missed at once if they come up with an agreement? Or would the repayments just resume. As far as I'm aware, while an account's in dispute, no interest can be added, and they cannot demand repayment. It's just the afterwards bit I'm a bit worried about, IF they come up with anything.

 

Hope someone can help

 

Thanks for a great thread everyone

[un1boy]

Hi all,

My bank is 2 days away from being guilty of criminal act & still not heard any more than receiving pre-contract information. Sent letter requesting full compliance with S61 - a signed agreement which they received on 14th. I'm all set to cancel the D/D before next payment due. However, I just wanted to check something. While the account's in dispute & I'm not making payments, do I need to keep the money to one side ie can they demand I pay all monthly payments I've missed at once if they come up with an agreement? Or would the repayments just resume. As far as I'm aware, while an account's in dispute, no interest can be added, and they cannot demand repayment. It's just the afterwards bit I'm a bit worried about, IF they come up with anything.

 

Hope someone can help

 

Thanks for a great thread everyone

 

Personally Acerfan, I tranfer my payments to another account so that they are there - I haven't done this to "profit" out of it (and I am not saying you are either!! ), so the money is still being put to one side for the minute!

 

I don't know about anyone else!

[tamadus]

You won't have the number until you've actually posted it.

 

I have a good supply here if anyone wants some

 

I always note the tracking number on the top of every copy letter, just in case the actual slip goes missing. Once the letter has been delivered I then record the date on the same letter. I'm even considering getting a rubber stamp made just so it looks even more organised

[tamadus]

The reply to Mbna which has just gone by regiesterd post.Now let the fun begin.

 

 

Matthew McGrath

Head of Customer Assistance

MBNA Europe Limited

PO Box 1004

Chester Business Park

Chester

CH4 9WW

 

18TH December 2006

 

 

 

Dear Sirs,

 

 

The writer is in receipt of your letter dated the 6th December 2006 regarding the following MBNA Accounts:

 

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

 

 

The writer notes inter alia that you are making serious allegations regarding the writer. As there is no evidence to substantiate the allegations I suggest that you refrain from making allegations or threats which may lead to legal action in the near future. The writer further informs you that copies of your letters dated the 6th December 2006 have been sent to the FSA together with a complaint regarding the contents. As these accounts have been in dispute for many months I hereby serve you default notices under Section 85 of the Consumer Credit Act (1974) as amended which will also be lodged with a Credit Reference Agency if not complied with within 30 days of receipt I must also advise you that the creditor can not enforce the debt whilst the default continues.

 

Furthermore the writer must also inform you that repeated phone calls or text messages will constitute a breach of Section 40 of the Administration of Justice Act (1970) and Section 1 of the Protection from Harassment Act (1997) which you were given notice of in my letter of the 22nd September 2006 and are both criminal offences. It is therefore suggested that you communicate by letter only,

 

The writer awaits your reply.

 

Yours Faithfully

 

 

 

 

The Terminator

Android City

Barnehurst

Kent

 

Nice letter Terminator

 

oh and I love the stuff you sent me today if you haven't got my emailed reply yet Methinks the MIB's are in a lot of trouble from me

[tamadus]

I said (erroneously) that you wouldn't have the tracking number for recorded delivery until you'd actually posted the letter. You then said you posted it at 1.30 - which is pretty impressive given you were here to put it on the forum at 1.26.

 

Hey I demand that post office be closed. Nobody has a right to be that close to one

[tamadus]

Hi all,

My bank is 2 days away from being guilty of criminal act & still not heard any more than receiving pre-contract information. Sent letter requesting full compliance with S61 - a signed agreement which they received on 14th. I'm all set to cancel the D/D before next payment due. However, I just wanted to check something. While the account's in dispute & I'm not making payments, do I need to keep the money to one side ie can they demand I pay all monthly payments I've missed at once if they come up with an agreement? Or would the repayments just resume. As far as I'm aware, while an account's in dispute, no interest can be added, and they cannot demand repayment. It's just the afterwards bit I'm a bit worried about, IF they come up with anything.

 

Hope someone can help

 

Thanks for a great thread everyone

 

I did exactly that and where the agreement has been produced (albeit late) I have resumed payments including those missed. Where the agreement still hasnt been produced I'm still putting the money aside to cover them if the need arises.

[Guest The Terminator]

Nice letter Terminator

 

oh and I love the stuff you sent me today if you haven't got my emailed reply yet Methinks the MIB's are in a lot of trouble from me

 

I'll pick it up in the morning and I think the MIB are in for a massive shock from both of us

[tamadus]

I'll pick it up in the morning and I think the MIB are in for a massive shock from both of us

 

I especially liked this bit

 

XXXXXXX holds the company's issued shares as a trustee on behalf of the owner in the beneficial interest of the shares.

 

I think that virtually proves what we have been discussing. Only question now is who is the beneficial owneIts also interesting how a company trading over 60M a year can make such a small profit by employing no staff and not paying it's directors or share dividends.

[Guest The Terminator]

I especially liked this bit

 

XXXXXXX holds the company's issued shares as a trustee on behalf of the owner in the beneficial interest of the shares.

 

I think that virtually proves what we have been discussing. Only question now is who is the beneficial owneIts also interesting how a company trading over 60M a year can make such a small profit by employing no staff and not paying it's directors or share dividends.

 

I think that this is one massive [problem] the aduit trail leads back to a bank and once I've got the evidence together a little dossier will be going to the FSA and HMRC.See my last post on the Debt and Baliffs and you will see what I mean.

[un1boy]

Hello,

 

How do I contact tradign standards to advise of a criminal default for a CCA request?

[Number6]

Hello,

 

How do I contact tradign standards to advise of a criminal default for a CCA request?

 

Morning.

 

Links are all HERE

 

Pete

[un1boy]

Morning.

 

Links are all HERE

 

Pete

 

That's fab, thanks mate!

[FANTASY CHARGES]

Hmm... you learn something new every day

 

I EVEN photocopy the addressed envelope with the postage stamp on with the recorded delivery part "stuck on to the front of the envelope" orange on ........... "every little helps "

eliminate all risk ..... don't forget you can scan it as well !!!!

[Guest The Terminator]

It's official MBUSA have received their default notices and have until 17th January 2007 to conform or commit a criminal offence.The default will be lodged with a credit reference agency on the 18th January 2007.And if their watching Merry Xmas looks as if Santa's come early

[un1boy]

It's official MBUSA have received their default notices and have until 17th January 2007 to conform or commit a criminal offence.The default will be lodged with a credit reference agency on the 18th January 2007.And if their watching Merry Xmas looks as if Santa's come early

 

How are you going to issue the information to a CRA?

[Guest The Terminator]

How are you going to issue the information to a CRA?

 

Shouldn't think that will be too difficult.If they can register defaults against us then there is nothing to say it can't be done visa-versa.I've thought this out at great lengths and I'll see what happens.The point is at this moment of time they are in default.

[un1boy]

Ah yes, but the banks and lenders are clients of the CRA's - it might be better advising the Bank of England, seeing as it is they who lend to the banks etc!!

[Guest The Terminator]

Ah yes, but the banks and lenders are clients of the CRA's - it might be better advising the Bank of England, seeing as it is they who lend to the banks etc!!

 

Thanks un1boy I didn't think about that(may hit them with a default as well)

[Vulture_Bank]

Can i please quote the part of the CCA 1974 ???

 

Consumer Credit Act 1974

Part VI

Matters Arising During Currency of Credit or Hire Agreements

section78 Duty to give information to debtor under running-account credit agreement

4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

(b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

 

does this mean that if they fail to send you a monthy statement credit companies are in default ...... it does from where I'm perched !

 

just a few views so i don't hijack then will start a new thread

[un1boy]

Thanks un1boy I didn't think about that(may hit them with a default as well)

 

No probs, it's easy to forget that the lenders actually pay the CRA's to hold and share our data!!

[meagain]

does this mean that if they fail to send you a monthy statement credit companies are in default ...... it does from where I'm perched !

 

The bit you're looking for is this:

 

at regular intervals of not more than twelve months

 

This bit of the CCA applies to pretty much anything between £50 and £25,000 of "running-account credit" (S77 for fixed-sum credit doesn't contain an equivalent). They must send you a statement at least once each year.

 

While I was checking on this, I found something interesting in S83, but that's something for another day.

[Vulture_Bank]

The bit you're looking for is this:

 

 

 

This bit of the CCA applies to pretty much anything between £50 and £25,000 of "running-account credit" (S77 for fixed-sum credit doesn't contain an equivalent). They must send you a statement at least once each year.

 

While I was checking on this, I found something interesting in S83, but that's something for another day.

 

 

yes but in 7 4(a) when they send the second statement after the first then they themselves have DEFINED regular (second date minus first date = regular period) and have to keep to that period which is traditionally defined as a "month" as you will see providing their is a "transactions) on the account {it would be very hard for you to know how much interest you would have to pay} . The point i am trying to make is if they do not send you a statement technically they are in default. AND this fact can be used "at the right time and place " when the circumstances require.

 

Do you agree with me ?

[meagain]

No. The second statement does not define a regular interval, any more than the second car down a street tells you anything about the traffic level. The interval is the "prescribed period", e.g. the bank will tell you (or offer you the choice of) whether the statements are monthly, quarterly, annually, etc. Where are you getting this idea that they can't go for more than a month without sending you a statement? The statement in S78(6) would suggest that the offence is committed if the statement is a month late, if it didn't already state that it refers specifically to S78(1).