Cap1 & CCA return

[Vulture_Bank]

 

the above is the first terms and conditions that was sent to me when i joined with this credit card issuer . please note that they also imply that the terms and conditions are also a "copy of your agreement for you to keep . It includes a notice about your cancellation rights which you should read "

 

it appears to my goodself that right at the beginning when i had the pleasure of joining they sent me this instead of the executed agreement -

 

do you not agree so i honestly think the contract is inenforceable.

=====================================

 

this does seem rather important the terms and conditions also being formally stated as the agreement ( ADMITTING no executed agreement was send when one joined)

[elizabeth1]

These institutions are so rich and powerful. They truly do not accept that legislation applies to them as well. The staff must work of a flow chart;

 

If a do x

If b do y

If c do z

 

If not on flow chart ignore.

 

Time to update or create new flow charts to work from me thinks!!

 

Lots of deptartments do use flow charts to work from as you say - and this is why we still get these silly automated replies!!

 

The Human Resources people need to start thinking now to allow for us CAGers - reckon we need a flowchart of our own!!!

[InKogneeToh]

Time to update or create new flow charts to work from me thinks!!

 

Lots of deptartments do use flow charts to work from as you say - and this is why we still get these silly automated replies!!

 

The Human Resources people need to start thinking now to allow for us CAGers - reckon we need a flowchart of our own!!!

 

How about:

 

Identify target!

Take aim!

 

FIRE!!

[firemagi]

Time to update or create new flow charts to work from me thinks!!

 

Lots of deptartments do use flow charts to work from as you say - and this is why we still get these silly automated replies!!

 

The Human Resources people need to start thinking now to allow for us CAGers - reckon we need a flowchart of our own!!!

 

Yeah, but the danger of that is another AVR system to get through before talking to a peanut in a call centre...

 

'If you are a customer who has not heard of CAG, please press 1'

'If you are a CAGer, please press 2'.....

 

Stay safe

Firemagi

------------------------------------------------------------

Screw unto others as they screw unto you.

[rippedoffagain]

[lisaf]

Hi all,

I can't seem to find the consumer credit act template in the library, can anyone point me in the right direction? Many thanks

Lisa

[livelylad]

Hi all,

I can't seem to find the consumer credit act template in the library, can anyone point me in the right direction? Many thanks

Lisa

Its in the statutes library

http://www.consumeractiongroup.co.uk/forum/statutes-library/27535-consumer-credit-act-1974-a.html

[rippedoffagain]

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

[lisaf]

Ta very much, obviously couldn't see for looking!

[lisaf]

Hi, sorry me again, I can find the link to the 'act' but not the template letter to send to my creditors quoting parts of the act etc. Many thanks in advance.

Lisa

[Smoothy]

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

 

Its letter 'N'!

[Guest The Terminator]

Hi

 

Wow!! What a fiasco!

 

Have TS actually confirmed that a prosecution has been commenced or are they just considering it at this stage?

 

Regards, Pam

 

The word incompetent comes to mind , so doe's the phrase "bunch of cowboys" or obviously the people that work in that supermarket come bank are a hamburger short of a happy meal.

[m55dlc]

Who provides the card for Sainsbury's? I thought it was GE, then someone said it was RBS (ooooh the name of RBS Advanta still makes my blood boil and it has been 6 years!).

 

I was under the impression from someones earlier post (weeks ago) that sainsburys were one of the better ones with regards to holding agreements.....

[rosierose]

Sainsbury's Bank is a fifty/fifty between HBOS plc and Sainsbury's plc. Their call center often tell me I have a Halifax account!

[zubo]

Fantasy

 

There are specialised data bureaux who hold working machines for pretty much anything stored on magnetic media. The banks and all other interested parties can employ their services, maybe not for one or two but as soon as a significant number of these come along, the bureaux will dust off the machine and run the reverse process.

 

We had tape machines out of the ark in storage to read tapes last used in the seventies and very early eighties, just in case they we're needed. It's alot cheaper to do this than re-jig all of your archives every 5 to 10 years.

 

errrr yes, I go back a little earlier m... processing papertape and punch cards for insurance policies produced in the 50s - readers used to eat a deck of cards (5000) in about 5 minutes unless of course they were really really old and even after hoovering the cards to get the dust off and air conditioning them for days.... it still averaged 20-25 minutes a deck and we had zillions to process....

point is old technology... slow processes... biodegradeable = > 12 days + 30 days (maybe 60 days? if ever) to respond to s78 multiply by avalanche of requests = mountain as high as moon to climb in :D:D:D

[FANTASY CHARGES]

Sainsbury's Bank is a fifty/fifty between HBOS plc and Sainsbury's plc. Their call center often tell me I have a Halifax account!

 

THE ICO DATABASE SAYS ABOUT SAINSBURYS BANK

Purpose 13

 

Provision of Financial Services & Advice

Purpose Description:

The provision of services as an

intermediary

(NOW FC SAW SOMETHING INTERSTING ABOUT INTERMEDIARIES THE OTHER DAY- CAN'T REMEMBER WHAT IT WAS !!!)

in respect of any financial transactions including mortgage and insurance broking.

Data subjects are:

Staff including volunteers, agents, temporary and casual workers

Customers and clients

Suppliers

Relatives, guardians and associates of the data subject

Advisers, consultants and other professional experts

Data classes are:

Personal Details

Family, Lifestyle and Social Circumstances

Education and Training Details

Employment Details

Financial Details

Goods or Services Provided

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves

Relatives, guardians or other persons associated with the data subject

Current, past or prospective employers of the data subject

Education, training establishments and examining bodies

Business associates and other professional advisers

Employees and agents of the data controller

Suppliers, providers of goods or services

Financial organisations and advisers

Credit reference agencies

Traders in personal data

Trade, employer associations and professional bodies

Ombudsmen and regulatory authorities

Data processors

Transfers:

Worldwide

NAUGHTY NAUGHTY

[un1boy]

Regards, Pam

 

Also, in a couunty court the judge has to consider the balance of probability, not "proff beyond resonable doubt" .....

[un1boy]

Tradign Standards may be so powerful, but y local TS guy said that he contacted the bank, who said they were in the right and so he has ruled that they are!!! (What tha fa?)

[firemagi]

FC - Just looked up some of my targets on the ICO site.

 

HSBC, GE Capital and Halifax all state 'Worldwide' for their transfers.

 

The only difference was MBNA, they list 'Worldwide, India, Republic of Ireland, Spain and USA', with the exception of Purpose 3 which states 'Not outside of the European Economic Area', swiftly followed by India, RoI, Spain and USA'...

 

Go figure..

 

Stay safe

Firemagi

--------------------------------------------------------------

Screw unto others as they screw unto you.

[un1boy]

Got a reply from co-op today (finally)

 

It's an agreement with the following:

 

1.my sig

2.my date

3. their sig

4.their date

5.illegible "regulated by" statement

6.illegible other data processing terms

 

That's it.....no prescribed terms or anything, no terms and conditiond, no statement of account.

 

Now, I am very tempted to write back telling them this and offering a reduced settlement of the balance being cleared and something for my trouble......

 

However, I claimed my charges back from my smile account before xmas and they sent me a notice that they wanted me to terminate my account. I appealed this and they wrote back to saying that they ahve retracted the notice, but if I breach my terms again, they will close my account.

 

Now, I am scared that if I chase this they will make a "commercial decision" to close my acounts....and i really can't afford for that to happen. I don't know whether to just wait and chase it in a few months.

[un1boy]

One more thing, I was told that if they satisfy your request after the statutory time by producing the agreement then they can pursue the agreement, without a court order.

 

Am i right in thinking thought that they have to sennd the T&C's and statement of account as well, otherwise they can't enforce it?

 

So, if they send the agreement a week after the timeframe allowed, they still can't enforce it unless they provide everyhting else (0r, get a court order?)

[FANTASY CHARGES]

Got a reply from co-op today (finally)

 

It's an agreement with the following:

 

1.my sig

2.my date

3. their sig

4.their date

5.illegible "regulated by" statement

6.illegible other data processing terms

 

That's it.....no prescribed terms or anything, no terms and conditiond, no statement of account.

 

Now, I am very tempted to write back telling them this and offering a reduced settlement of the balance being cleared and something for my trouble......

 

However, I claimed my charges back from my smile account before xmas and they sent me a notice that they wanted me to terminate my account. I appealed this and they wrote back to saying that they ahve retracted the notice, but if I breach my terms again, they will close my account.

 

Now, I am scared that if I chase this they will make a "commercial decision" to close my acounts....and i really can't afford for that to happen. I don't know whether to just wait and chase it in a few months.

 

 

https://www.co-operative.co.uk/en/membership/

 

WELL ON THE LINK ABOVE WE CAN ALL BECOME A MEMBER OF THE COOP

DIDN'T THEY FOUND THE COOP ON CERTAIN PRINCIPLES !!!

 

WOULDN'T BE VERY GOOD PUBLICITY IF THEY WERE

EFFECTIVELY EXPELLING THE WORKING MAN

EXERCISING HIS NATURAL RIGHTS

 

BETTER HAVE A WORD WITH ARFUR SCARGILL !!!

 

----------------

Being a member

 

 

Our members are our owners

 

They are the sort of people who like to know that their hard-earned cash is being used honestly and that a percentage of it goes back into your community.

 

 

 

Anyone can become a member as long as they believe in what we stand for and shop with at least one of our businesses. All you have to do is invest £1, which we’ll collect from your first share of the profits.

[un1boy]

https://www.co-operative.co.uk/en/membership/

 

WELL ON THE LINK ABOVE WE CAN ALL BECOME A MEMBER OF THE COOP

DIDN'T THEY FOUND THE COOP ON CERTAIN PRINCIPLES !!!

 

WOULDN'T BE VERY GOOD PUBLICITY IF THEY WERE

EFFECTIVELY EXPELLING THE WORKING MAN

EXERCISING HIS NATURAL RIGHTS

 

BETTER HAVE A WORD WITH ARFUR SCARGILL !!!

 

----------------

Being a member

 

 

Our members are our owners

 

They are the sort of people who like to know that their hard-earned cash is being used honestly and that a percentage of it goes back into your community.

 

 

 

 

Anyone can become a member as long as they believe in what we stand for and shop with at least one of our businesses. All you have to do is invest £1, which we’ll collect from your first share of the profits.

 

I forgot about the ethical side of it (and I used to work for them! - they are FAR from ethical!)

 

Another of their values is:

Honesty – we are honest about what we do and the way we do it.

Self-responsibility – we take responsibility and answer for our actions.

 

I think I'll write to them, mentioning their values and say I am a member and see what they say - if they try to close my accounts I will get the medis invovled - I'll tell the watchdog reporter that contacted me and she can take it further!!

[smartmartian10]

I wrote to Halifax Visa on the 14th February 2007 requesting credit agreement. It was received (Recorded Delivery) 15th February 2007.

 

This morning (8th March 2007) I have received a default notice dated the 1st March 2007, envelope kept and franked 8MAR07 by post office.

 

Now by my count 15FEB07 to 2MAR07 is 12 working days and I haven't recieved my CCA original agreement. So they shouldn't have issued the default.

 

Anyone have a template I can use to write back and tell them they are in breach of whichever clause of the CCA.?

[InKogneeToh]

Also, in a couunty court the judge has to consider the balance of probability, not "proff beyond resonable doubt" .....

 

Hi

 

Yes, but that's the test for all civil claims, be it at county court level or at COP or HOL. It's only in criminal cases that the verdict has to be 'beyond all reasonable doubt'.

 

Regards, Pam