Cap1 & CCA return

[Vulture_Bank]

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).

 

yes i saw that bit it can literally be interpreted that you have to pay to get a statement if they don't send you one "which i am sure is not how it is intended to read"

 

anyhow thanks for your opinions and i shall now leave it to "others" if they want to discuss it.

 

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

[meagain]

S78(1) has nothing to do with your regular monthly (or otherwise) statement.

[mcuth]

yes i saw that bit it can literally be interpreted that you have to pay to get a statement if they don't send you one "which i am sure is not how it is intended to read"

 

anyhow thanks for your opinions and i shall now leave it to "others" if they want to discuss it.

 

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

You're at least misreading this section of the CCA, not to mention quoting parts of it out of context. S78 states:

 

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

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

(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.

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement.

 

"Statement" in the context of subsection 1 does not refer to a regular account statement. It refers to the statement of information that the creditor should issue to satisfy their obligations when requested to under s78 of the CCA:

 

"together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor. "

 

So, the statement in this context should show the items in 1 a), b) & c). It does not infer that you can "pay to get a statement".

 

Subsection 6, very clearly refers back to subsection 1, and this section is the 12day/month rule that you'll have seen mentioned several times in this thread and others.

 

Cheers

 

Michael

[funbint]

Just like to say I've really enjoyed this thread very much & good luck

 

I just had a question to ask which was'nt covered else where, looking at the ACT where is says" shall give the debtor a copy of the executed agreement (if any) what is meant by the IF ANY part ?

 

RGDS

FB

[tamadus]

Just like to say I've really enjoyed this thread very much & good luck

 

I just had a question to ask which was'nt covered else where, looking at the ACT where is says" shall give the debtor a copy of the executed agreement (if any) what is meant by the IF ANY part ?

 

RGDS

FB

 

Basically exactly what it says, if any executed agreement exists.

[Guest The Terminator]

Basically exactly what it says, if any executed agreement exists.

 

Which we know many don't:D

[tamadus]

yep, oh and LTSB are now in serious trouble for continuing to make phone calls, the latest even said they would keep doing it in spite of my notice to cease and desist. So complaint coming up to the OFT , FSA and TS now. Especially as they dont have the decency to reply to letters

[un1boy]

yep, oh and LTSB are now in serious trouble for continuing to make phone calls, the latest even said they would keep doing it in spite of my notice to cease and desist. So complaint coming up to the OFT , FSA and TS now. Especially as they dont have the decency to reply to letters

 

lol, did you manage to record the converstaion?

[tamadus]

lol, did you manage to record the converstaion?

 

 

Heehee and I told him I was recording it first and he still said it

[Guest The Terminator]

Just received a very snotty letter from the American mob so I couldn't resist answering it.I'll post it tomorrow when I've scanned it but this is the reply:

 

Matthew McGrath

Head of Customer Assistance

MBNA Europe Limited

PO Box 1004

Chester Business Park

Chester

CH4 9WW

 

27TH December 2006

 

 

 

 

Dear Sirs,

 

 

The writer is in receipt of your letter dated the 18th December 2006 and as not yet had sight of your response to the writer’s letter dated the 18th December 2006 regarding the following MBNA Account:

 

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

 

 

The writer doe’s not accept your threats and would welcome court action on your behalf. As you have not followed the OFT’s guidelines again a copy of your letter has now been passed to the aforementioned authority for action.

 

The writer also notes that the contents of your letter apart from being unprofessional are also in breach of criminal law namely Section 1 of the Malicious Communications Act (1988) which incidentally is a criminal offence.

 

The writer also notes that there is evidence of a breach of Section 127 of the Communications Act 2003 which is also a criminal offence.

 

The writer now puts you on notice that unless a satisfactory reply is received by the 3rd of January 2007 then proceedings will be commenced against yourselves in the County Court

 

The writer awaits your reply.

 

Yours Faithfully

 

 

 

 

 

The Terminator

Android City

Barnehurst

Kent

 

Looks like 2007 is going to be a bad year for the banks:D

[tamadus]

The new year isnt starting very well for them at this rate

 

I just posted in my GE thread some more details and have started to nail them and their cronies at Asset Link down.

[Guest The Terminator]

Unhappy New Year to the Banks and the CCP and the DCA's and to our friendley baliffs who left this forum just when things were getting "meaty".

[Guest The Terminator]

“Unveiling Britain’s True National Debt” - theTrumpet.com

 

The article sums up everything

[Smoothy]

What a thread!! Intresting debate. Its taken me 3 days and i finally get to the end, and it stops!! I know its christmas guys, but please keep up the debate! Like most people who've read this thread, Im Hooked!

Cant wait for the outcome. Keep up the good work.

 

Smoothy

 

Tamadus or Terminator may I PM either of you with a specific question relating to the thread?!

[tamadus]

What a thread!! Intresting debate. Its taken me 3 days and i finally get to the end, and it stops!! I know its christmas guys, but please keep up the debate! Like most people who've read this thread, Im Hooked!

Cant wait for the outcome. Keep up the good work.

 

Smoothy

 

Tamadus or Terminator may I PM either of you with a specific question relating to the thread?!

 

Hi Smoothy,

 

With the banks and courts closed for Christmas, I think most of us decided to take a few days off and catch up on personal claims and issues.

 

I have over the last week submitted formal complaints to both TS and the ICO. Phone calls from a bank are being logged as evidence in the TS complaint as they insist on phoning daily despite my notice to cease and desist :o

 

I have now received the balance of my SAR to Barclaycard, but as they still have not satisfied my sec 78 request its a pointless exercise making a claim, although I am going to go through it to give me a basis for a claim of all charges and interest applied to the account since 1979. I have received no reply yet to my last letter to Mercers telling them to stop trying to enforce the unenforceable.

 

Work is progressing nicely against Asset Link and their sister companies, complaint should be going into the ICOP shortly.

 

Sure you can PM me anytime Smoothy.

[un1boy]

Hello guys, hope all had a good xmas and I'd like to wish everyone all the best for 2007!

 

Just to let you know, HSBC have been in criminal default for a while now and I sent a letter to advise them they were in criminal default on 9th November and they sent one back saying they were looking into it and I havn't heard since.

 

I sent them another just before xmas advising them that I was stopping my payments and I got a letter from them yesterday saying that were looking into my refund request of 2 grand and would get back to me after their investigation.

 

Should I write back giving them 14 days or somehting - this could take ages, it's already over 8 weeks since their first letter saying they were looking into it!!

[JonCris]

Yes write back stating you will grant them 14 days provided no attempts are made to try & enforce any debt & that if the do all bets are off.

 

Also make it clear that if they don't respond within THEIR deadline you will take any neccessary action you deem appropriate including reporting their criminal conduct regarding non-compliance.

[Mike220359]

Happy new year to you all, hope you had a good one. My new year was complete when I received a letter confirming that Blair Oliver & Scott have now written off over £2500 because they haven't got the documentation. It's taken six months of hard work to get my first result now for the next one!

 

Details to be posted on another thread with the kind help of Martin3030

 

Mike

[JonCris]

Happy new year

 

Great news............Now get the buggers to remove any adverse on your credit file

[tamadus]

Happy new year

 

Great news............Now get the buggers to remove any adverse on your credit file

 

Sometimes it seems never ending lmao

 

Happy new year

[tamadus]

Happy new year to you all, hope you had a good one. My new year was complete when I received a letter confirming that Blair Oliver & Scott have now written off over £2500 because they haven't got the documentation. It's taken six months of hard work to get my first result now for the next one!

 

Details to be posted on another thread with the kind help of Martin3030

 

Mike

 

Good news Mike well done

[paulwlton]

Barclaycard rang again over christmass threatening to default me if i don't restart payments, i explained that my position hasn't changed, and will not change, and further correspondance should be by letter only. Their parting shot was you will keep incuring charges and interest on your account.(what the same charges i am going to be claiming back in the verry near future LOL.)

Now i think i've read somewhere that failure to respond to the time limits of the request could lead to 6 months impisonment or £2.500 fine. How do i set the ball rolling that would see Barclaycard prosecuted? is it small claims is it magistrates?. Any ideas because if i get defaulted Barclaycard get ready.

[tamadus]

Barclaycard rang again over christmass threatening to default me if i don't restart payments, i explained that my position hasn't changed, and will not change, and further correspondance should be by letter only. Their parting shot was you will keep incuring charges and interest on your account.(what the same charges i am going to be claiming back in the verry near future LOL.)

Now i think i've read somewhere that failure to respond to the time limits of the request could lead to 6 months impisonment or £2.500 fine. How do i set the ball rolling that would see Barclaycard prosecuted? is it small claims is it magistrates?. Any ideas because if i get defaulted Barclaycard get ready.

 

Paul sounds like your at exactly the same stage as I am so we should be discussing the way forward together. PM me later today

[Number6]

Happy New Year to everyone here!

 

I'm also at a similar stage with two CC companies.

 

Pete

[joneshousehold]

We also have a request with Barclaycard that the 1 month deadline expires at the end of this week. Can you let us know at some point what you will be doing so we can try and understand our next actions. For the moment we will be writing to warn about the failures next weekend. Appreciate you may not want to publish actions so will it be OK to pm you Tamadeus when we get to the next stage?