Cap1 & CCA return

[angry cat]

Hi Guy's,

 

Can't be long as I'm in a bit of a rush!

 

However, I have sent the following letter to ARC, another one of eggs DCA's

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-931982.html

 

I phoned consumer direct yesterday and made a complaint about egg and their chosen DCA's, who threaten (me) consumers, using Harassment and coercion...in my case 2 DCA's at the same time pursuing an account in dispute. Together with the fact, that Egg has been unable to comply fully with my S78 CCA request.

 

Consumer Direct passed my complaint to my local TS, who are now about to investigate my concerns along side TS in Derby, which is Egg's local TS.

 

I will be sending ALL the relevant correspondence to my local fair trading officer tomorrow.

 

Note, please guy's do not be put off by Consumer Direct, just persevere and insist that you wish your local TS to look into your complaint, after all that is one of the reasons why you pay council tax!

 

More tomorrow.

 

Love AC

[monopoly23]

Yes Car Credit or rather their owners are being sued by every man & his dog for mis-selling PPI.

 

They are already paying back thousands in compensation Check the web

 

What are the factors that would make it mis-sold though?

[redsonja]

I'm sorry, I don't understand.

 

I would have thought that whatever docs they sent you first are the only relevant ones as one of the secs states that any statement made by a creditor under sec 78 is binding - so if they have changed the docs they sent you then just disregard them - that is only MY opinion and it has not been discussed as yet!!

 

Thanks for responding. I think they are saying they are complying because Reg 7 says:

 

every copy of the executed agreement shall include either an easily legible copy of the latest notice of variation given in accordance with Sect 82(1) of the Act relating to each discrete term of the agreement which has been varied

or

an easily legible statement of the terms of the agreement as varied in accordance with sect 82(1) of the Act.

 

So what Im trying to get straight in my head is, are they saying every variation done should be sent as well as the original or can they get away with sending the variation providing it shows the parts that have varied...(if that makes sense...it does in my head lol)

 

The terms and conditions have to be those pertaining at the time you signed the agreement

 

Well the ones they have sent have no dates on so I have no idea when they are from but the CCA must be recent as the charges are £12.00.

 

Do you know what part of the regs say the T&C's must be from the original agreement please as I need to make sure I word this letter correctly.

Thanks

[ian1969uk]

They only have a right to vary the terms and conditions because the original agreement and T&Cs allow them to do so. If they can't demonstrate this right by the provision of the original T&Cs, then you can't be bound by the updated ones.

[redsonja]

Thanks Ian, I understand that. Is that what the reg I quoted is saying? I dont think it makes that clear.

[minky93]

What are the factors that would make it mis-sold though?

 

Hi Monopoly

 

The answers to your question re: PPI are in the OFT Consumer Credit (Agreements) Regulations 1983 as amended by the 2004 Amendment Regulations

 

9.1 onwards

 

Hope this helps!

 

minkyxx

 

ps. I can send you a copy if you haven't got the regs already, let me know?

It is in PDF format, if you have Adobe Acrobat!

[monopoly23]

No I dont have it! Do you have a link please?

[minky93]

No I dont have it! Do you have a link please?

 

The Consumer Credit (Agreements) (Amendment) Regulations 2004

 

minky xx

[elizabeth1]

Hello,

 

Without demeaning the previous posts, there appears to be a lot of caggers being sent application forms instead of ca without prescribed terms on this thread and others.

 

Maybe we need to follow Peter's advice and sent in a mass compliant to the OFT regarding this. If enough of us do this they will have to listen.

 

But if we don't do it, things will never change. We are all questioning and questioning and getting nowhere!!!!!!!!!!!!! apart from individual complaints

 

Lets make a stand:D

 

Uniboy where are you

 

We do really need to do something like this!! Somebody has to listen to us if we do it in a group?

 

I have a CAP1 hearing in September and they have only sent me an application form (cut & re arranged) as the CCA (5 times I have been sent the same Document by them) they still say it's the CCA.

 

I have seen in their defence they have written to court on 3 different occasions that they have settled the monetry side of my claim (hog wash) they have told the judge there is no reason for me to continue my claim wasting court time. (Mmm - but I am not lying in my statements to court am I?)

 

I have written numerous times asking them to sort the matters out and they just ignore it or answer with more Hog Wash. I even wrote to some of the Directors and board members in there on more than one occasion and asked them if they were condoning the behaviour from their Legal Dept - to find the people at the top won't reply.

 

BUT DOESN'T THE SILENCE FROM THE TOP OF THIS ORGANISATION MAKE A DEAFENING RESPONSE?

 

I do think there may be a way forward with a group complaint - seems individually these companies are just taking the mickey?

[volvo]

seems an excellent idea, how do we make it HAPPEN??

[joesoap]

Thanks for your replies boys and girls. I shall CCA DG Sols, (aka MCS, aka HSBC).

[patch666]

It's ok, but cease and desist mean the same thinng mate!!

 

 

Hi all,

 

just wondering, is there a standard letter to send to the CRA people to inform them that an account is in dispute, as I cant see CBS Transcom/Arrow Global informing them about the fact that they are in default of my CCA request.

 

patch666......................

[monopoly23]

The Consumer Credit (Agreements) (Amendment) Regulations 2004

 

minky xx

 

Thanks minky

[elsinore]

It's ok, but cease and desist mean the same thinng mate!!

 

Cease and desist - Wikipedia, the free encyclopedia

 

Els:)

[un1boy]

Uni- this claim will be dismissed based on the bank charges that are within the actual amount that is written into the particulars of claim- however your letter is good based on the dodgy CCA that the DCA / EGG provided!! I will adjust it slightly and click your scales!!

 

Hiya mate, thanks. Let me know if you need help amending it.

[un1boy]

Hello,

 

Without demeaning the previous posts, there appears to be a lot of caggers being sent application forms instead of ca without prescribed terms on this thread and others.

 

Maybe we need to follow Peter's advice and sent in a mass compliant to the OFT regarding this. If enough of us do this they will have to listen.

 

But if we don't do it, things will never change. We are all questioning and questioning and getting nowhere!!!!!!!!!!!!! apart from individual complaints

 

Lets make a stand:D

 

Uniboy where are you

 

 

Hehe, here I am - sounds good, let's do it!!

[un1boy]

Uni- my reply regarding copying your earlier letter has been removed????

 

 

Hmmm, PM me your email address mate.

[un1boy]

Cease and desist - Wikipedia, the free encyclopedia

 

Els:)

 

 

Aahhh, thanks - I looked up the meanings in the dictionary.....lol, but your link makes sense!!

[minky93]

No I dont have it! Do you have a link please?

 

Hi Monopoly

 

Sorry but the link I gave you was wrong. I can only find the PDF link sorry!

 

I have copied the regs you are after into Word but there are 11 pages and the only way I can think of to get them to you is by email unless anyone else has any ideas??

 

Sorry for the wrong link ..

 

minky xx

[monopoly23]

No it works fine. I have it in pdf its ok. Thaks again!

[wednesday1867]

Hello all again, after a bit more help with this ermm agreement Egg sent me.

Im questioning my agreement to the PPI and they are charging me interest 2 months after defaulting me, so wondering where i stand regarding the interest, threads here.

http://www.consumeractiongroup.co.uk/forum/general-debt/97844-default-still-charging-interest.html

 

Sent me this as proof of me requesting PPi, doesnt prove i requested, proves to me "plus ppi" is added to all loans, more than i requested it.

 

http://i197.photobucket.com/albums/aa198/Wednesday1867/EggLoanPic2.jpg

 

http://i197.photobucket.com/albums/aa198/Wednesday1867/EggLoanPIc1.jpg

 

And they call this my agreement, is it worth sending a proper cca request? Or apart from missing signature would this stand up as properly executed?

 

Thanks again for the info

[PERICLAN1]

Have started reading this thread with great interest and wish to congratulate you on all the hard work.

 

I wonder if I might impose on you to clarify whether a document I recieved follwing a CCA request, can be claimed to be the executed agreement or merely an application.

 

The document is headed ' your priority application for the marbles card'

Directly below it begins 'Credit agreement regulated by the CCA1974.

This agreement between 'them' and 'me'.

Do you want ppi?

do want 2nd card holder?

then data protection blurb

right to cancel

signed by bothe parties, them 5days after me

 

but no reference to any prescribed terms or any separate t&c's.

 

Am I right in thinking that for this to be an executed agreement it should include the terms or at least refer to me abiding to separate sheet t&c's?

 

Its just that s78 refers to 'any other document referred to in it' (agreement) and this document doesn't refer to anything other than it being regulated by CCA

 

No t&c's came with the document, so even if this document is the main body of the agreement, is the bank in default of CCA for not supplying t&c's with it?

 

Clarification would be greatly apreciated.

 

Peri

 

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,—

[un1boy]

Have started reading this thread with great interest and wish to congratulate you on all the hard work.

 

I wonder if I might impose on you to clarify whether a document I recieved follwing a CCA request, can be claimed to be the executed agreement or merely an application.

 

The document is headed ' your priority application for the marbles card'

Directly below it begins 'Credit agreement regulated by the CCA1974.

This agreement between 'them' and 'me'.

Do you want ppi?

do want 2nd card holder?

then data protection blurb

right to cancel

signed by bothe parties, them 5days after me

 

but no reference to any prescribed terms or any separate t&c's.

 

Am I right in thinking that for this to be an executed agreement it should include the terms or at least refer to me abiding to separate sheet t&c's?

 

Its just that s78 refers to 'any other document referred to in it' (agreement) and this document doesn't refer to anything other than it being regulated by CCA

 

No t&c's came with the document, so even if this document is the main body of the agreement, is the bank in default of CCA for not supplying t&c's with it?

 

Clarification would be greatly apreciated.

 

Peri

 

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,—

 

 

It's headed application so it's an application form. It has no prescribed terms so it is completely unenforcbale - even by a Judge. I would write and tell them this. Oh, and stop paying!!

[noomill060]

Yup- uniboy is correct.

 

Photocopy the document send it to your local Trading Standards for their opinion.

[PERICLAN1]

Thanks un1boy

 

Can I also ask you if i stop paying and then they do supply the agreement, they have to go to court to enforce it i understand, but do any payments missed and the interest accrue during that and must be paid once enforced.

 

Also, what is my course of action if they don't fulfill my request before 12+1 month has expired.

 

Thanks in advance