Cap1 & CCA return

[Having_A_Knightmare]

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[Having_A_Knightmare]

Hi All

 

Ive been recommended to post this info on this thread if anybody can help.

 

i requested a CCA to HSBC (Metropolitain DC) for two account I have.

 

One is a Overdraft on a current account

 

The other one is for a credit card on the same application

 

 

They sent me this today. As you can see it is an application form with the bumf on the last page and the bank have not signed it. This was FEB 04

 

Is this CCA request yet again unenforcable.

 

Also do they need to send me a CCA request for my Current Account Overdraft.

 

Thanks

 

 

 

 

 

[Having_A_Knightmare]

Also has anybody got a copy of the

The Consumer Credit (Cancellations and Copies of Documents) Regulations 1983.

Cheers

Ro

[Having_A_Knightmare]

Thanks Patrick but they only go back to 1988 for some reason.

[Having_A_Knightmare]

Hi Moonhawk

 

Thanks for the responce.

 

There is no terms on the agreement up to When I signed it.

 

The Terms are on the last page after the signature.

 

They could have been put in anytime.....This is what is confusing me.

 

RO

[Having_A_Knightmare]

Hi MoonHawk

 

Thanks for the responce

 

I have just called my legal help line up and spoke to someone regarding this.

 

She said that the terms have to be before the signature because you are signing to them terms.

 

Therefor this agreement is unenforcable.

 

Any more opinions...

[Having_A_Knightmare]

I know what you mean Peter.

Citi got a charging order on me last year and knowing what I know now I could have stopped it no probs.

The judge had the attitude "you owe the money so tough S@@T" and had the nerve to say we only have 5 mins for this hearing......Guilty instantly

 

Anyway hes in for a big shock because if Citi cannot produce my CCA and with other issues I am going to try and apeal to a circuit judge:p

[Having_A_Knightmare]

Yes I belive there is a justified cause for that. But I am not sure how easy it would be.

 

Theres quite a bit of info on the forum below

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/

[Having_A_Knightmare]

Hi

 

Another thread that may be usefull is

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/105315-my-agreement-enforceable-useful.html

[Having_A_Knightmare]

Cheers AC for the info:)

 

An update on my post earlier in the day.

 

After further looking into it the scanned post is a bank account application form, with a little box in page 3 saying "if you want a credit card sign here"

 

So Basically No CCA for Credit card

NO CCA for Overdraft

 

Any input?

 

RO

[Having_A_Knightmare]

I think the above post would be better in Debt collector forum

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/

 

Can anybody move it

 

RO

[Having_A_Knightmare]

Hi

Could someone please look at my thread below as I am still not sure about the banks responce.

 

Note

I havenot had a copy of original T&C

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/109294-rbs-responce-cca-something.html

 

Thanks

 

RO

[Having_A_Knightmare]

Hi all

 

Could do with some advice on this issue..

 

Bottom line... Citi have got a CCJ/CO on me for a CC debt.

 

I requested a CCA , they are well over 12+2+30 days and nothing back.

 

I have read the below form reply from oft for non commpliance.

 

Do you think I am right in saying I do not have to pay even tho they have a CCJ (its in red)

 

Cheers

The letter below is a from OFT regarding non compliance of CCA (Thanks Rory)

 

Highlighted in red is a phase saying with or without a court order..

 

Am I right in thinking I can stop paying..

 

RO

 

 

 

For your information, the general effects of sections 77-79 requires the creditor/owner

(in the case of a hire agreement) under an agreement for (fixed-sum credit, running

account credit and hire agreement) to provide the debtor/hirer with a copy of the executed

agreement and a statement of account on request.

 

If a creditor/owner fails to comply with a valid request within a period of 12 days

(not including the date of receipt of the request) he may not enforce the agreement at all.

This prevents enforcement with or without a court order. If a default lasts for a month

(for example a calendar month) it constitutes an offence. We understand your concerns in

this matter but please do remember however that once the creditor/owner complies with

the request albeit out of time, he may once again enforce the agreement.

 

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement

and the statutory content of the agreement. The name, address and signature of the debtor do

not have to be provided. Additionally, the creditor must supply the total sum paid under the

agreement by the debtor; the total sum which has become payable under the agreement but

remains unpaid; and the total sum which is to become payable under the agreement by the debtor

(the latter two must include the various amounts comprised in that total sum and the date when

each is/was due). However, the copy must be a copy. It need not be exact on immaterial points,

but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have

difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody

would know what was in the original. When the trader comes to enforce the debt in court, he needs

to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot

otherwise.

 

In the absence of a copy of the original agreement someone's liability for a debt can only lead to

further query. However in circumstances like this we would view it is as unfair practice under

section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or

provide details as appropriate when a debt is queried or disputed

[Having_A_Knightmare]

Hi

 

Could do with some help on this link please.

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110330-natwest-cca-response-help.html

Cheers

[Having_A_Knightmare]

Hi all

 

Quick Question that has been bugging me all day.

 

If The CCA has no prescribe terms on (APR etc) but it is in the T&C is this OK.

 

Cheers

 

HAK

[Having_A_Knightmare]

HI ncf

 

It was on a seperate sheet of paper.

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110445-hsbc-cca-responce-help.html

 

But it does say where I signed for the credit card that I have read and agree to the terms.

But thinking about it they could have put them T&C in afterwards....

 

CThanks

 

HAK

[Having_A_Knightmare]

Hi all

 

Got another one I can get my head around. Got a reply to a CCA today with the below on. Yet again no T&C and the below.

 

The credit limit says to be agreed.

The interest rate is there.

And the repayments are 19 days after statement.

 

Is this enforcable or

Am I missing anything.

 

Cheers

 

HAK

[Having_A_Knightmare]

Hi Peter

 

Can you look at the agreement on this thread.

Yet again NO T&C

Cheers

 

HAK

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/107900-ro55e30-liverpool-victoria-equidebt.html

[Having_A_Knightmare]

Worm

 

You are not on your own eith these RBS clowns.

It seems to be the standard letter by Ms Bennitt.

 

Ive reported them to T/S for exactly the same as above so will let you know the outcome.

HAK

[Having_A_Knightmare]

Peter

 

I keep getting confused with the T&C.

 

Just to clear things up:

 

The original T&C have to be sent with the Agreement and they cant be on a seperate paper they have to be on the signature page.

 

Is this correct

 

HAK

[Having_A_Knightmare]

all the affore mentioned terms and conditions.

 

Are these the prescribed terms?

 

HAK

[Having_A_Knightmare]

Worm

 

Have a look at my thread it may give you a few pointers.

 

HAK

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/109294-rbs-responce-cca-something.html

[Having_A_Knightmare]

Hi all

 

Just a quciky

 

Got a Barclaycard CCA back today.

 

There is no signature or date by the lender. Theres no where on the form for it to go.

 

Am i right in saying its unenforcable under section 61 (a)

 

HAK

[Having_A_Knightmare]

H Peter

 

Although it is a copy the true copy has no signature as there is no where for it to go if that makes sence.

 

If it went to court and they produced the true copy not signed by the creditor would this be total defence.

 

HAK

[Having_A_Knightmare]

Cheers Peter

 

HAK