Cap1 & CCA return

[emmaphill]

I agree I had on average 6-7 phonecalls a day until letter was sent and then nothing! I also don't think an agreement exists and given their treatment of me during last year couldn't care less but don't want any nast surprises! I will look into S85 details and add that to list of non compliance.

 

Thanks for reply

[tamadus]

I just wish one of the national newspapers would catch on to Section 85.

Terminator will be the first, I am waiting until the 26th to go in and I am not sure where Tam is on this part of the Act. Crap One has already tried to be smart, but it isn't washing with me. they have defauulted and been in default since 2004/2005. I am just waiting to test this in court MBNA are for the drop on the same day

 

Of course I am in on it lmao.

 

Did you have any doubts?

 

 

Oh and will you lot slow down please, I am trying to catch up and your staying 2 pages in front of me lmao

[elizabeth1]

Well for me CAP1 have till tomorrow 4pm to file their AQ according to the orders judge sent them last week for my claim.

 

Now depending on whether they bother to file or not - I then have got them with Non compliance with the SAR (it was incomplete) - CCA wasn't complied with they sent me some scraggy looking application form, they'd defaulted me back in 2003 so they have been writing crap about me for years? Mis sold PPI - I clearly had on my application form I was in a temp contract of employment - charges that haven't been dealt with. Now their recent compliment to this list was they sent the who thing to Lowells knowing it was all in dispute.

 

Me thinks once I hear whether they filed AQ - I am gonna go get 'em!!

 

MONDAY!!!!

[pmhcfc]

Insurance | Car Insurance | Home Insurance | Life Insurance | Travel Insurance -MSN Money UK - PPI fine opens the compensation floodgates

 

Hopefully this will make everyone's day

 

It's made mine

 

Do you guys here think that this ruling is going to have Cap1 running scared re other claims.. I ask this because I've noticed (over the last few days) an apparent change of tact...On one thread they've just agreed for a default removal (as well as full payment inc. interest) and on at least 4 others (over past few days) , their 1st offer after prelim states they'll refund difference between £whatever and the £12 charge. Yet Cap1's calculation of the difference isn't what it should be, it's much higher and their 'offer' is very near what the claim actually is..interesting....!

[ladybird17]

Ths was sent to me today - I just thought it was quite interesting -( it comes from a set of Chambers)

 

Common Law - Consumer Credit

 

In recent decision of the Court of Appeal, Clarke LJ said: “…the Consumer Credit Act 1974 … has recently provided so much work for the courts …this case demonstrates the unsatisfactory state of the law at present. Simplification of a part of the law which is intended to protect consumers is surely long overdue so as to make it comprehensible to layman and lawyer alike. At present it is certainly not comprehensible to the former and is scarcely comprehensible to the latter.” McGinn v Grangewood Securities Ltd. [2002] CA Civ 522

 

Nearly every loan and mortgage of £25,000 or less is caught by the Act. Failure by a lender to observe strictly the intricate requirements of the Act can lead to a loan being completely unenforceable with no right of restitution or other form of relief.

[FANTASY CHARGES]

Could someone explain this bit? (if any)

 

 

 

My head is going fuzzy at the moment.

 

 

SORRY for being a bit late (man hath to work) with the fact but

"(if any)" AND BY THAT I MEAN if any IN BRACKETS occurs independandtly a mere 22 times in the consumer credit act 1974 so as i see it'S a standard "block the holes" thing ????

 

 

 

"learned views please"

[ladybird17]

Fantasy Charges - no it's not a block the holes thing (IMHO)

 

Some forms of credit HAVE,BY LAW, to be accompanied by an agreement which includes specific terms of reference. A credit card is one form of credit that this applies to.

 

Some forms of credit DO NOT have to have an agreement. e.g, credit notes, vouchers etc.

 

So the if any relates to the fact that there may, or may not, be a LEGAL requirement for an Agreement.

[FANTASY CHARGES]

Ths was sent to me today - I just thought it was quite interesting -( it comes from a set of Chambers)

 

Common Law - Consumer Credit

 

In recent decision of the Court of Appeal, Clarke LJ said: “…the Consumer Credit Act 1974 … has recently provided so much work for the courts …this case demonstrates the unsatisfactory state of the law at present. Simplification of a part of the law which is intended to protect consumers is surely long overdue so as to make it comprehensible to layman and lawyer alike. At present it is certainly not comprehensible to the former and is scarcely comprehensible to the latter.” McGinn v Grangewood Securities Ltd. [2002] CA Civ 522

 

Nearly every loan and mortgage of £25,000 or less is caught by the Act. Failure by a lender to observe strictly the intricate requirements of the Act can lead to a loan being completely unenforceable with no right of restitution or other form of relief.

 

 

and think about an original mortgage say 1977 what could you buy (what was in your wallet?) for say £20,000 the answer is rather a lot !!!

[FANTASY CHARGES]

Fantasy Charges - no it's not a block the holes thing (IMHO)

 

Some forms of credit HAVE,BY LAW, to be accompanied by an agreement which includes specific terms of reference. A credit card is one form of credit that this applies to.

 

Some forms of credit DO NOT have to have an agreement. e.g, credit notes, vouchers etc.

 

So the if any relates to the fact that there may, or may not, be a LEGAL requirement for an Agreement.

having asked a few "oldies" it was very very hard to get your money back on faulty goods and credit notes were the norm

[paulwlton]

and think about an original mortgage say 1977 what could you buy (what was in your wallet?) for say £20,000 the answer is rather a lot !!!

 

I don't think a mortgage under £25,000 was covered by the Act.

 

On a different note has anyone got a link to the Regulations 1983 (SI 1983/1553)

 

Paul

[ladybird17]

well credit notes are still the "norm" - and are an example of the type of credit that does not require an agreement.

[FANTASY CHARGES]

CCA 1974 Part III

Licensing of Credit and Hire Businesses

39 Offences against Part III

2) A licensee under a standard licence who carries on business under a name not specified in the licence commits an offence.

Haven’t the bank of america taken over “randy”(sorry aston villa fans) MBNA ( who are behind WHO ARE BEHIND the abbey A & L etc

But consider the man utd credit card ( to get peoples attention !)

 

 

Here is a link to

Apply on this link for a Manchester united credit card (mbna are behind it)

https://wwwa.applyonlinenow.com/UKCCapp/Ctl/entry?sc=7MANUHP_OST&mc=MBN-HP-51751-52045

from gogle "MU Finance have introduced a reward scheme exclusively for MU credit card holders - RedRewards."

 

any body any idea if any OFFENCES have been committed here ?

 

 

 

[ladybird17]

As we don't have sight of ther license, I can't see we can make any comment. I think it extremely unlikely their license would be incorrect.

[ladybird17]

the licensee of your card is MBNA, and despite our best efforts, I think the likelihood of them not having a license is...zilch!

[Peterbard]

Hi Pam

 

I am crushed

It's because i am losing my hair isn't it.

I am now going to go out i may be some time.

 

Peter:(

[ladybird17]

bet you're off out to get a hair transplant Peter.

[Peterbard]

bet you're off out to get a hair transplant Peter.

 

Thats right kick a man whilst he's down

 

Peter

[Peterbard]

I gather it would have to be by special delivery:lol:

vbrep_register("566250")

ET tu Brutus

[ladybird17]

Sorry Peter, what a mean barb to direct against you. I don't think for one minute you are in breach of Follically Challenged Male Act 1998 as amended by the supplementary "Now I've got even Less" Act of 2007.

 

Not sure about how you stand with the Offences to Typing Act, though.;-)

[Peterbard]

Hi had a walk around he block feel better now.

 

Pam have you seen my new signature it has the No 10 petition adress on it you now the one at

We the undersigned petition the Prime Minister to Restore the ancient rights of British citizens to refuse the forced entry of bailiffs.

Just thought i would let yu know will you inforn the other members of the coven. Where is the third member by the way must be awful tiring you and Ladybird stirring that big vat all on your own.

Peter

[ladybird17]

She's on broomstick duty today

[maybelline]

Hi Maybeline

 

Are yu on line with Credit expert it is free for the first month and i have fond it very useful in matters like these.Any way ring up your cra lik i said and the will put anote on your file.to the ends that any search meust regard this entry as unreliable etc.

 

I have dealt wih welcome before and they are very good at trying to take you off the subject. Use the cca request timetable stick to it and,they do not have any right to askyou for any information do not allow youself to be sidelined.

I would contact trading standards rather that the oft and make a complaint and then the data protection people. If you want their contact details PM me and i wil send you them.

 

once again, thanks Peter, WF have also telephoned me and written with new loan offer!??? thats how I got in this state - I had to have a chuckle at their phone call that was premised with 'this call is private', pity I didnt record it as evidence of their continuing behaviour. I have complained to FLA about them which has now been acknowledged but I feel that you are right to suggest Trading Stadards and data protection. do you mean data protection re the credit file request or not sending the agreement as they have complied with my sar. regards Maybelline.

 

Regards

Peter

 

Peter

 

sorry put this in wrong place - maybelline

[ncf355]

Citi are obviously getting hard up:

 

 

Had a reply to both my wife and I's S85 letters from Citi:

 

"I act on behalf of Citifinancial Europe PLC and write in relation to you and your husbands letters to my clients dated 29th January. Please forgive me but I shall respond to both requests by this one letter in the interests of brevity and economy.

 

I regret to inform you that section 85 of the CCA 1974 does not require my client to provide you with a copy of the executed agreement as you appear to believe. It requires my client to provide you with a copy of the executed agreement as defined by the Consumer Credit Regulations 1983. the obligation to provide you with this document is fulfilled by the card carrier you received and to which your new card was attached. This is an industry standard document and conforms to the Regulations"

 

 

 

2 points:

 

 

1) Economy! - Cheek - my wife did not know I had a citi card!!! - can I take them to court for this?

 

2) does their argumemnt about the CCR 83 hold weight?

 

 

[martinpar]

I believe the CCR 83 regs say that a copy of a correctly executed document does not require any personal details such as customer details and signature.The point of the CCA s85 being to confirm the agreement complies with the rules, not to prove that a contract exists.

 

Clearly, if one was disputing the existence of the contract a full copy of the executed agreement would need to be produced, but that is a different matter.

[Guest Battleaxe]

Section 85 clearly states while the creditor remains in default they are not allowed to profit and they must consildate within one month of the default. they are supposed to send a copy of the executed agreement and T & C's when the second credit card is issued. While the default remains, they are not allowed to collect any interest and this must be repaid for however long this default has been in place. i.e second card re-issued 2003, not interest is allowed to be collected. it is not the matter of an agreement being in existanece, they have to send a copy of the agreement when re-issuing the card. Simple as that. Industry standard might be the practice but it is not lawful. The Section 85 is explicit.