Cap1 & CCA return

[Guest Battleaxe]

I have to agree, this thread contains pertinent information to our claims regarding banks charges. Without the CCA we cannot back our claims and prove the breaches which banks repeatedly ignore. Perhaps one of the MODS could create the relevant stickies, to help Newbies with their questions. I don't mind helping Newbies with their questions, as I was one once, maybe the MODS help more with this function also.

[maybelline]

can I add my twopence worth and I think its been said before, a sticky for the main points would be fantastic! maybe a template letter, I have used the PPI letter and amended it for other charges but was worried I had also weakened it in some way by 'fiddling' with it!?

 

this is a wealth of info but it is large :)

[angry cat]

Pam i know you are busy, and i dont like asking direct questions, but

 

can you just have a look at my thoughts in this post

 

is there ANY mileage in anything ive written

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-780736.html

 

Dave

 

OOH Dave,

thats interesting!!!

 

I've just checked my micrfiche signature form, the torn of bottom part of the application from that MBNA sent me in response to my CCA 1974 S78 request and...yes, it does show my signature and date 25/07/2001. However MBNA's stamped signature goes right through the DPA important information but the date is 08/08/2001.

 

I don't suppose it makes much difference in my case as the doc. that I was sent does not show any credit limit/amount of credit, it also lacks many of the prescribed terms.

 

Anyhow, I have reported MBNA to TS and they have forwarded my complaint regarding MBNA being in Default and thus have committed an Offence to Chester TS for investigation.

 

It would appear that TS are reluctant to use their enforcement powers, but I find it interesting that anyone complaining to their local TS about MBNA, will in turn have their complaints forwarded to Chester.

 

AC

[Guest Battleaxe]

AC,

 

I would love to be a fly on the wall when TS has it's monthly meeting with MBNA to discuss these matters. Looks like the meetings aren't very productive. I know this is subjective, but if TS are reporting the complaints MBNA, why hasn't MBNA taken heed?

[Perseus]

Maybe because there is no dis-incentive for their actions.

Its like being at school.

You mess about in the playground, and a prefect comes along and tells you 'You shouldn't be doing that'.

Once the prefects back is turned , you stick two fingers up, say 'what do they know' and carry on.

 

the regulatory bodies are not geared up or prepared for a consumer revolt, nor are the courts. What is happening now is that the consumer has gained more teeth in a shorter space of time, than 100 years of authoritarian dictatorship and monopolisation of regulation (phew-did I say that?)

Maybe we should take the regulatory body(ies) to court/task for non compliance of their fiduciary duties?

Now that would be interesting. (expensive but interesting!)

[paulwlton]

If a document fee is included in the total amount payable but interest as been charged on the fee. Could the fee be construed as credit?,

[Perseus]

If a document fee is included in the total amount payable but interest as been charged on the fee. Could the fee be construed as credit?,

 

If the fee is provided in the total credit amount, then yes IMO!

[paulwlton]

If the fee is provided in the total credit amount, then yes IMO!

 

A term in the agreement states: the document fee will be debited to your account on the day the credit is first drawn and interest as been aplied on the fee and is included in the interest as stated above.

 

I think the creditor is guilty of mischief by charging the account with interest on the fee. This IMO is credit, threfore the amount of credit as been incorectly stated.

 

I have a copy of the original agreement given to me at the time but the creditor has a copy with a line through the document fee making the fee void. The creditor is forwarding the agreement through a CCA request. Interesting.

[meagain]

Maybe we should take the regulatory body(ies) to court/task for non compliance of their fiduciary duties?

Now that would be interesting. (expensive but interesting!)

 

7-day LBA for £30 billion to the OFT for negligence. Roughly £4bn for each year it has had the ability to retaliate against the use and enforcement of unfair terms in consumer contracts. I dare you.

[Perseus]

LMAO - meagain....

 

Is there a template for that? :o

 

P

[zubo]

LMAO - meagain....

 

Is there a template for that? :o

 

P

 

give me 2 ticks, I'll just pop that into the Workshop templates....

 

Z

[Perseus]

Zubo and meagain - I'm up for it if you are!

 

....Perseus throws down the Gauntlet, uncertain of what the hell he's letting himself in for...

[un1boy]

Let's do it!

[angry cat]

7-day LBA for £30 billion to the OFT for negligence. Roughly £4bn for each year it has had the ability to retaliate against the use and enforcement of unfair terms in consumer contracts. I dare you.

 

I REALLY WISH...somebody would do that!!

Maybe, WE can.

Count me in.

 

AC

[veilside01702]

Sorry to ask what could be a stupid question.....

I have 2 loans with EGG and 1 credit card....

My experian report lists 3 loans instead of the 1....

If I do a CCA request does it cover all Agreements held by egg for all loans and the credit card??

Or do I need to do one for each??

Problem is as un1boy knows already....Egg have listed the one loan 3 times, all with different terms, monthly repayment amounts and different loan amounts!

2 of these are listed as settled.....one of the settled ones is the correct information.....for the actual loan I took out!

So if they cannot supply the CCA for the ones they made up??

Does that mean they are unenforcable????

i thought I would ask as Tamadus and Un1boy seem to be full of good info....lol

Cheers....

Russ

[zubo]

Sorry to ask what could be a stupid question.....

I have 2 loans with EGG and 1 credit card....

My experian report lists 3 loans instead of the 1....

If I do a CCA request does it cover all Agreements held by egg for all loans and the credit card??

Or do I need to do one for each??

Problem is as un1boy knows already....Egg have listed the one loan 3 times, all with different terms, monthly repayment amounts and different loan amounts!

2 of these are listed as settled.....one of the settled ones is the correct information.....for the actual loan I took out!

So if they cannot supply the CCA for the ones they made up??

Does that mean they are unenforcable????

i thought I would ask as Tamadus and Un1boy seem to be full of good info....lol

Cheers....

Russ

 

Russ

 

Under these circumstances I would 'help' EGG.

At £1 each +£1 recorded - send them a CCA for each spelling out the account numbers....

 

then they really cannot muddy your waters

 

Z

[veilside01702]

I would.....but three of the listings on experians documents have no reference numbers, etc...

only 2 loans and 1 credit card are known to me....

The 3 remaining that EGG listed are made up by Egg....

So I do not know how to ask for copies of the CCA's, if neither of us have any loan agreement numbers, etc.....

They list the loan I actually signed up for as settled on the same day I took it out.....lol

Rather than list as defaulted they just listed my repayments as a new loan!

My bloody head hurts again.....lol

helllpppppp....lol

russ

[angry cat]

Sorry to ask what could be a stupid question.....

I have 2 loans with EGG and 1 credit card....

My experian report lists 3 loans instead of the 1....

If I do a CCA request does it cover all Agreements held by egg for all loans and the credit card??

Or do I need to do one for each??

Problem is as un1boy knows already....Egg have listed the one loan 3 times, all with different terms, monthly repayment amounts and different loan amounts!

2 of these are listed as settled.....one of the settled ones is the correct information.....for the actual loan I took out!

So if they cannot supply the CCA for the ones they made up??

Does that mean they are unenforcable????

i thought I would ask as Tamadus and Un1boy seem to be full of good info....lol

Cheers....

Russ

 

Hi Russ,

 

Now that is very interesting!

I have a cc with Humpty Dumpty (in dispute)

However, upon making an audit of my CRA credit files I found four entries, but one was shown as settled. Therefore, it looks as though I have had four Egg credit cards?

I considered long ago that my Egg information as shown on the CRA files was ambiguous, thus could give the wrong impression.

 

Make a Request under S77 & S78 of The Consumer Credit Act 1974, you only need to make one request, but remember to enclose a £1 postal order.

 

This matter hasd been troubling me for some time now, because undoubtedly egg will provide you with a copy of the true signed executed agreement but...and this is the crux of the matter, there is an issue here re: S85 CCA 1974 and Copies of Cancellation notices copies of Docs 1983, regulatation 7.

 

Most likeley I am barking up the wrong tree but I do smell a very rotten egg!!

 

AC

[veilside01702]

Cheers angrycat,

I did a CCA request on 13th March 2007...

As yet No reply from EGG.....

But Moorcroft supplied a copy, with no assignment proof....

So I am now ignoring them.....

As they have no hold over me.....only EGG if they actually supply the agreement....lol

Moorcroft have only supplied the agreement for the original loan....

If EGG have told Experian and Equifax that it is settled, as they have done!

I guess they have No agreement for the new loans they listed with the CRA's.....

So I could argue that the genuine loan was settled.......lol

And dispute the one's they cannot prove exist....??

Or they will have to admit supplying CRA's with false information????

russ

[un1boy]

Just a quick question everyone.

 

Now, I know that an overdraft doesn't come under the sec 77/78 requests, but, if a lender takes you to court over an od balance and they have no paperwork to prove you even opened the account, can they actually take action against you? Or, would they have to provide paperwork in court?

[paulwlton]

Just a quick question everyone.

 

Now, I know that an overdraft doesn't come under the sec 77/78 requests, but, if a lender takes you to court over an od balance and they have no paperwork to prove you even opened the account, can they actually take action against you? Or, would they have to provide paperwork in court?

 

 

They don't need to provide paperwork to the court that an account as been opened just a POC stating the balance owed. It is up to you then, to admit or dispute the balance.

 

Paul

[The Phantom]

They don't need to provide paperwork to the court that an account as been opened just a POC stating the balance owed. It is up to you then, to admit or dispute the balance.

 

Paul

 

To take this one step further: say this was a JOINT account with an OD, one joint account holder declares bankrupt, the other one not. The non bankrupt one is taken to court by the bank and disputes the amount and forces a full proof trial

Would the bank have to provide the original paperwork from when the account became joint to show joint liability, i.e. that the non bankrupt person signed for a joint liability on this account ?

[Guest Battleaxe]

Yes, the original paperwork would have to be provided to show liability,

[The Phantom]

That's what I thought - very interesting indeed !!

[Cristal]

This is probably off topic but......am battling with Mint (my thread is Mint Triton Green & Co vs Me and this and a longer version is on it too), who are digging their heels in. In reply to my CCA, they sent me a copy of my application form (no credit limit, no APR, no account number, a stamp of a MINT 'authorised signature' etc.) and then a 2 page unsigned, undated agreement (with my name, address, account number, credit limit - tho it was only sent in response to the CCA, not when I rec'd the CC), which I am challenging. Letters are flying back and forth and here is an excerpt from their most recent response:

 

'under 7(1) (b) of the Consumer Credit (Cancellations Notices and Copies of Documents) Regulations 1983. Particularly 3(2) which permits the copy agreement not to show signatures or personal details that may have appeared on the application part of the document. There is no statutory requirement under the Act for us ever to give a copy to the customer with a signature on it'.

 

Is there any precedent in refuting this? If MINT is correct, my argument dissolves....or must they produce a signed copy if it goes to court? thanks in advance.....