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Cap1 & CCA return


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I don't think so may - Trading Standards are gonna get back to me to let me know.

 

Doesn't matter, it's an Egg agreement so it's unenforcable anyway haha

 

I wrote back telling them as much and saying take me to court then!!

 

Check mate

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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un1boy v Equifax - Default removal

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They can try....

 

But, if he continues to pay the same or a lower rate they cant really do anything. Even if it went to court, the judge would look at the payment history and his continued paying and probaly make an order to continue.

 

that is if the agreement is any good, have you had a look yet?

 

just my thoughts

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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When did your father send the CCA request? After 12 working days they are in default and can't enforce the agreement any way. By their actions I would think they know they do not have an enforceable agreement and they are trying to frighten your dad.............so take heart from that.

 

Tell your dad to just sit tight for the 12 days........

 

Is it a well known DCA on these threads? If so you'll probably be able to see other threads where they haven't produced the CCA's and written off the debt,

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

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Don't forget some trading standards aren't up to the mark............

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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When did your father send the CCA request? After 12 working days they are in default and can't enforce the agreement any way. By their actions I would think they know they do not have an enforceable agreement and they are trying to frighten your dad.............so take heart from that.

 

Tell your dad to just sit tight for the 12 days........

 

Is it a well known DCA on these threads? If so you'll probably be able to see other threads where they haven't produced the CCA's and written off the debt,

 

They sent it after the 12 days and haven't sent the the T&C's either. He's not worried coz I am behind him with it, it is just scandalous - if it was a less "experienced" person then I dread to think - you can see why some people commit suicide over these things.....

 

I've got a meeting with my MP soon about all this, so I will keep you updated.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Don't forget some trading standards aren't up to the mark............

 

Mine is actually doing ok at the mo - I'm quite impressed actually. I should start to see results soon!!! :D

 

I'll post as soon as I do!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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They can try....

 

But, if he continues to pay the same or a lower rate they cant really do anything. Even if it went to court, the judge would look at the payment history and his continued paying and probaly make an order to continue.

 

that is if the agreement is any good, have you had a look yet?

 

just my thoughts

 

Dave

 

I agree, he has never defaulted the agreement. They asked him after about 2 years to increase his payments once he received a refund of charges which was only about 10% of the overall balance.

 

The have not sent the T&C's so are still in default and they have not sent a statement of account either - even if they do, it's an egg agreement with no default info on the sig doc and the prescribed terms are on a completely different page to the sig so can't be linked.

 

It's unenforcable so I can't wait for them to take us to court to be honest.....it will be interesting to see their next move....

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Hi

Uni

Thanks for the concerne have been off for a bit usual problems a bit better now sorry for not respionding am working my way through the backlog talk to you soon

 

Best regards

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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HI Thanks M

While i have been laid up i have been thinking about a new thread to help newbies to come to terms with some of the issues relating to agreements i have just made a start here have a look.

http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html#post978772

Best regards

Peter

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DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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first of all, you have been working on a new thread while laid up! you are a star.

 

secondly, looks good contextually but someone much more knowledgeable than me would comment on the content I am sure, I look forward to wathcing its development:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Hi

Uni

Thanks for the concerne have been off for a bit usual problems a bit better now sorry for not respionding am working my way through the backlog talk to you soon

 

Best regards

Peter

 

Hey, no probs mate- just glad that you are ok now, that's all.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Can someone take a look at my thread monopoly23 v the world please? I don't know what my options are now?!?

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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Thanks Jeff. I will wait until the month is up then and let themselves dig a deeper hole!

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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first of all, you have been working on a new thread while laid up! you are a star.

 

secondly, looks good contextually but someone much more knowledgeable than me would comment on the content I am sure, I look forward to wathcing its development:)

 

 

I'll second that.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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The Egg agreements don't need cancellation rights as there was no face to face discussion between creditor and debtor prior to the signing of the agreement. Therefore, they are non-cancellable agreements.

 

Any discussions on this from Ian?

Any feeling that I`ve helped you today- then add to my reputation and click those scales!

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From OFT guidance:

 

A cancellable credit

agreement is one where:

- during the negotiations before the agreement is made, a trader (who, in this case,

may be the creditor, the credit broker or the supplier) – in the presence of the

customer – discusses the prospective agreement or a transaction to be financed by

credit provided under it, and

- the unexecuted agreement (that is the document embodying the prospective

agreement which has not yet been signed by both trader and customer) is signed by

the customer off trade premises.

 

If these conditions are not met, the agreement is non-cancellable.

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can I jump in and quickly ask as I have mis adviced another cagger? are secured loans over 25K a mortgage and if so, are they not a mortgage if under that sum?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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thanks guys, yes a loan secured on property but for a small sum but paid MIG so am confused?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Just a quick "Welcome back Peter" from me - good to hear you're feeling better my friend

 

:)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Can someone provide a link so I can look at s78 and s85?

 

Hi Rich,

 

I think it was probably already in the thread somewhere, but here you are:

 

http://www.fisa.co.uk/downloads/CCA%201974.pdf

 

S78 is on page 47

 

S85 is on page 50

 

Cheers

 

NcF

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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