Cap1 & CCA return

[patrickq1]

they seem to be saying simmallar to what i have said all along,and this regulator is now already voicing his concern and that is just goverment departments,which is an indication as to how serious this problem has become,well done may for that newstory,,,,,,so thits gives more than clarity when you consider private companies and banks ,data sharing companies debt collection agencies....none of this data is licenced legaly this is why i keep bangin on about it a major defence needs to be challenged against these terms and conditions on the basis they are unfair terms with regards to third party before an action is taken,and i am taking it as the second party is THE JUDGE THE TAXMAN AND THE POLICE BUT NOT EXCLUDING THE MAIN GOVERMENT BODIES who may want for true and honest information,but the case against the banks is on consentious the information being passed is both bius and vexhasious the reasons for this if and when you apply for credit at anyones lending company .he knows that he can obtain information (not through the lawful courts and goverment chanells)(from a company who are recognised to may be in possesion of certain data be it credidible data concerning you or be it unreliable data concerning you...............AS YOU ARE AWARE OF THIS DATA ...this is highly unlikely....THIS DATA PROCESSING COMPANY IS ALLOWED TO COLLECT DATA AND PROCESS THIS DATA FOR BE IT PROFIT OR NOT that is DATA IN THE PUBLIC REALM normal chanels is through the goverment court system provided the judge has sandtioned it for public consuption,so why do i have no knowledge of this DATA being passed because the company whoever passed your data has not informed you of the excact details of what data they have passed concerning you they have denied you of your basic rights to challenge the truthfullness of the said data within a period of time the reason for this is before the DATA PROTECTION ACT became PUBLIC PROPERTY and people did not know they could question and challenge banks to the lawfulnes of their actions,because everyones or majority of right thinking people beleived in our banks to operate our accounts fairly and with a duty of care in all dealings ,but now we have discovered that we could challenge decisions that any ordinary person would deem unfair we have now started to question the banks and the processing of our data we were all co ersed into mitigating ourselves into the being co defendants in this CRIME OF PASSING DATA it was sign this aplication or dont sign because everyone has the same t and c so it was a no win situation.which is unfair arguements are welcome hope this explains me better shane lol

[maybelline]

Can you elaborate.

 

havent posted the rest as I have a thread Welcome Finance already on this and have some excellent advice, I have a hearing listed but basically I rewrote the loan when getting into difficulites, with all the 'add ons' it went up to 13K but the apr etc is not correct, thus the new exortionate figure! eeeekkkk!

 

and since this makes me mad, how stupid, on the last occasion it was to bring down the payments because I couldnt pay it, now I know thats not meant to happen:(

[wednesday1867]

How we all doing?

 

I dont know if anyone has seen my thread http://www.consumeractiongroup.co.uk/forum/mbna/104386-mbna-no-cca-gimme.html

 

Ive had no response to my CCA, cos ive had no agreement, im pursuing the repayment of the PPI, but from the pictures below, you can see i agreed to it

 

Now as there is no agreement and as my thread, im taking MBNA to court to reclaim all money paid in interest. For my POC i dont think ill acknowledge this application form, could an expert or experts, just give me all the reasons why this is unenforcable, i know its an application form, but is there anything else? Also it says date of application 12 Jan 1974 how does that affect it?

[wednesday1867]

[wednesday1867]

[shane5408]

How we all doing?

 

I dont know if anyone has seen my thread http://www.consumeractiongroup.co.uk/forum/mbna/104386-mbna-no-cca-gimme.html

 

Ive had no response to my CCA, cos ive had no agreement, im pursuing the repayment of the PPI, but from the pictures below, you can see i agreed to it

 

Now as there is no agreement and as my thread, im taking MBNA to court to reclaim all money paid in interest. For my POC i dont think ill acknowledge this application form, could an expert or experts, just give me all the reasons why this is unenforcable, i know its an application form, but is there anything else? Also it says date of application 12 Jan 1974 how does that affect it?

 

 

hi wednesday,

 

not sure bout anyone else, but i can't see the pic of the agreement you've posted

[shane5408]

hi wednesday,

 

not sure bout anyone else, but i can't see the pic of the agreement you've posted

 

How bizarre, hit the refresh button and your pics suddenly loaded!

 

At first glance this is an application form , dead giveaway is at the top where it says 'applicants must be...'' though you cannot rely on this alone.

 

on the second pic it also states 'i understand this is an application for a credit card!''

 

s. 127(3) only allows a court to consider giving an enforcement order if the agreement is provided containing ALL the prescribed terms and has been signed by the debtor.

 

Though you've signed it the agreement does not state the credit limit, interest rate, repayments or amount of credit all of which are prescribed terms, hence it is unenforcable.

 

Did they send you any t&c's?

[out of cash]

hi all, barclaycard agreemnt from 1979 ealy 80s?

 

i will give you the tech stuff to see what you make of it it say as at top left side of page in bold text CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974.

 

this is a 22 year old barclay card agreement. above my sig it says applicants signiture next paragraph above that with the heading in bold text. principal cardholders application.also in the cancellation rights box it says we canot consider your application on this form unless you take it into a barclays branch etc. what do you think desparete for an answer also their recent letter from lawyers refer to it as my application agreement request its like they have an agreement on one side of the form and the app on the other with parts of the agreement embodied in the application or i mean the other way around be greatful for any advice on this as these now mean business:mad: no dates by either sigs and theirs is ilegible?

 

best regards

 

out of cash

[shane5408]

hi all, barclaycard agreemnt from 1979 ealy 80s?

 

i will give you the tech stuff to see what you make of it it say as at top left side of page in bold text CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974.

 

this is a 22 year old barclay card agreement. above my sig it says applicants signiture next paragraph above that with the heading in bold text. principal cardholders application.also in the cancellation rights box it says we canot consider your application on this form unless you take it into a barclays branch etc. what do you think desparete for an answer also their recent letter from lawyers refer to it as my application agreement request its like they have an agreement on one side of the form and the app on the other with parts of the agreement embodied in the application or i mean the other way around be greatful for any advice on this as these now mean business:mad: no dates by either sigs and theirs is ilegible?

 

best regards

 

out of cash

 

hi out of cash,

 

without seeing a pic of the agreement it is difficult to answer definitively however from what you've said it sounds like it is indeed an application form and not a correctly executed regulated agreement.

 

the consumer credit act is very clear (S.127(3) in that in order for a judge to grant an enforcement order at the very least the agreement must be signed by the debtor and contain all the prescribed terms, them being:

Credit Limit

Interest Rate

Repayments

Amount of Credit

 

If the agreement does not contain these it is unenforcable even in a court and a judge will not be allowed to grant an enforcement order.

 

As i said though, without seeing the agreement it is difficult to give a definitive answer.

 

regards,

shane

[FANTASY CHARGES]

hi all, barclaycard agreemnt from 1979 ealy 80s?

 

i will give you the tech stuff to see what you make of it it say as at top left side of page in bold text CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974.

 

this is a 22 year old barclay card agreement. above my sig it says applicants signiture next paragraph above that with the heading in bold text. principal cardholders application.also in the cancellation rights box it says we canot consider your application on this form unless you take it into a barclays branch etc. what do you think desparete for an answer also their recent letter from lawyers refer to it as my application agreement request its like they have an agreement on one side of the form and the app on the other with parts of the agreement embodied in the application or i mean the other way around be greatful for any advice on this as these now mean business:mad: no dates by either sigs and theirs is ilegible?

 

best regards

 

out of cash

 

HAVE THEY HAD A PREMONITION and mentioned the 1984 data protection act ...... oops that'll appaer soon .....

 

good old cut & paste !!!

[maybelline]

is there something about Statutory Instruments when it comes to prescribed terms?? not sure what this is anyway.

[Vulture_Bank]

May I be so bold as to suggest that these accounts are not in fact even registered with the relevant credit reference agencies.

[shane5408]

is there something about Statutory Instruments when it comes to prescribed terms?? not sure what this is anyway.

 

 

hi maybeline,

 

are u referring to the duty of the creditor to supply a copy of the agreement and that in providing just that,a copy certain info like signatures etc can be missing.

 

This is true but only in the motion of providing a copy, should the creditor wish to try and enforce the agreement they would have to provide one with all the prescribed terms to get a judge to give an enforcement order, if they can't then no chance!

[out of cash]

hi shane and everyone else,

 

please find attached my 20 year plus barclaycard agreement which they are now ready to go to court with any help and advice on this will be most appreciated as this has me a bit concerned and thats an understatement

 

best regards

 

out of cash

[out of cash]

hi all can anyone confirm if this is enforceable agreement?

 

regards

 

out of cash

barclaycardcca.zip

[wednesday1867]

Did they send you any t&c's?

 

 

Thanks for the interest Shane.

 

No they didnt send any terms and conditions. This was sent as proof of my acceptance of PPI. I have CCA'd MBNA and have had nothing from them, their initial response was that the account was originally HBOS and i should contact them for the Agreement/Application.

 

Thinking about it, that application is obviously MBNA's, so they lied to me when they said it was opened with HBOS?

[shane5408]

hi all can anyone confirm if this is enforceable agreement?

 

regards

 

out of cash

 

 

difficult to read it but looks like the prescribed terms are not stated. is there more info on the back of the page or any other pages?

 

Under section 127(3) of the Consumer credit act the judge is precluded from making an enforcement order unless the agreement contains all the prescribed terms and is signed by the debtor. the prescribed terms being, Credit Limit, Interest Rate, Repayments and ammount of Credit. If these do not appear on the agreement then the judge cannot grant an enforcement order.

 

Did the send you any terms and conditions?

 

edit: on the left there is a heading that i think says, ''under the terms of this agreement as set out overleaf' is this correct? If so we will need to see that page and any others they sent you in ref to the agreement

[out of cash]

many thanks for your reply shane5408 i will dig out the other a4 sheet which they sent which was further terms and conditions most recent as they talk about pins being used dont think they were around late 70s to early 80s?will be in touch to morrow

 

best regards

 

out of cash

[FANTASY CHARGES]

difficult to read it but looks like the prescribed terms are not stated. is there more info on the back of the page or any other pages?

 

Under section 127(3) of the Consumer credit act the judge is precluded from making an enforcement order unless the agreement contains all the prescribed terms and is signed by the debtor. the prescribed terms being, Credit Limit, Interest Rate, Repayments and ammount of Credit. If these do not appear on the agreement then the judge cannot grant an enforcement order.

 

Did the send you any terms and conditions?

 

edit: on the left there is a heading that i think says, ''under the terms of this agreement as set out overleaf' is this correct? If so we will need to see that page and any others they sent you in ref to the agreement

 

 

imagine you had the job of scanning -- well feeding the documents into an image scanner and you asked your boss should i scan the back

 

 

no you fool it will take up double space "are you thick" would be the answer they are all the same !!!

 

so they haven't got any

 

anyway say to them obviously they are on the back of the application form or whatever so when you [barclays ] bring the real thing to court it will be of course on the back !!!

[wednesday1867]

Ive finally got my scanner working, can i have a view on this agreement too i think this one is ok tho and it is from 2005, does that make a difference?

 

 

Thanks

 

This may make it bigger

 

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

[Peterbard]

imagine you had the job of scanning -- well feeding the documents into an image scanner and you asked your boss should i scan the back

 

 

no you fool it will take up double space "are you thick" would be the answer they are all the same !!!

 

so they haven't got any

 

anyway say to them obviously they are on the back of the application form or whatever so when you [barclays ] bring the real thing to court it will be of course on the back !!!

 

YOu are entitled to see any informationmentioned in the agrement so if it says refer to info on the back that infor should have been sent with your section 78 request so they are still in default.

As per cancellation rights can you tell me when this was executed. I have seen a few of these now with the nonsense about requiring you to order a new form if it is cancellable. It is their responsibility to provide the correct form not yours if it is cancelable it is canceellable no mater what form the send.

 

regards

Pete

[pecky1]

Just a Quick one Have a Credit agreement with Home Shopping took out in 2005, with PPI, Then six months later cancelled the PPI, Should a new agreement have been sent as the agreement still has all the details of the PPI on it so all the calculations are wrong all we had was a letter telling us what the new balance remaining was,

[shane5408]

YOu are entitled to see any informationmentioned in the agrement so if it says refer to info on the back that infor should have been sent with your section 78 request so they are still in default.

As per cancellation rights can you tell me when this was executed. I have seen a few of these now with the nonsense about requiring you to order a new form if it is cancellable. It is their responsibility to provide the correct form not yours if it is cancelable it is canceellable no mater what form the send.

 

regards

Pete

 

 

Hi Peter,

 

a lot of the agreements recently mentioned are from early 1980's, I'm not sure when the credit reference agecies came into existence was it before this time and if not what are the implications with regards to data sharing?

 

regards,

shane

[noomill060]

The CRAs were up and running long before the 1980s.

[shane5408]

The CRAs were up and running long before the 1980s.

 

 

thanks for clarifying, seeing i was only born in 85 unfortunately my wisdom doesn't go back that far!