Cap1 & CCA return

[Cornucopia]

Hi

 

Where's our avatars gone? Also I am not receiving any email notifiers of posts to my subscribed threads although I know there have been several posts today. Anyone else having this problem?

 

Regards, Pam

 

Ah ha! Not just me then, how peculiar. I have been moaning to my husband all day that my subscribed thread posts are not coming through, thought a problem with our email address but we checked it out and no, all OK.

 

It is very late, I have been out for the evening and have been desperate to find out what happened with Battleaxe's S85 response.

 

What's going on, I also noticed missing avatars yesterday!

 

Regards,

 

Cornucopia:)

[Cornucopia]

LIKE I SAID, READ WHAT I WROTE, I NEVER SAID ANYTHING ABOUT A CATALOGUE SO HOW CAN I AGREE ABOUT ANYTHING ABOUT A CATALOGUE...

 

I'm a nice person, really I am, I was being helpful.

 

I've been parrying an arguement with about 20 people, probably only one of them has bothered to read what I said before leaping. Next time I'll just let you fall down the black hole.

 

I'm going home now, I've been writing nasty letters all day to MBNA and over a GE Finance letter, MBNA have called me twice and now I have to go passed the go/no go for filing an N1 on s85, even though no-one has allayed my s85 fears I posted earlier as no-one has a card mailer to calm my nerves. I know, I'll trawl through the mountains of unfiled paper I have at home to find one.

 

In the words of Marlina Deitrich 'I want to be alone' (and I don't care if I've spelled her name correctly or even if it was written by someone else!)

 

M! I know it was Persues thread but I gave you the post numbers of the person who said he had kept his mailers, did you get in touch with him? Did you get my post?

 

PS : It's Marlene

[Cornucopia]

Please accept my apologies Ian, I didn't mean to be rude. We're normally quite nice here, the witches are even thinking about a powwow in Kent, but my nads can't take it

 

Chicken!

[Cornucopia]

Are you all having an early night tonight?..... I posted at 20.00 hours and there are only two posts after mine at the time that I put my fingers to the keyboard (23.00 hours).

I think this thread has become full of "luvies" and people that have become too familiar with each other - with their "in jokes".

Is this what the CAG is all about?

Come on folks snap out of it, its turning into a Uni/College luv fest...........

 

Could I just say that many people on this thread have become friends as such through other threads and the ongoing support we all give eachother. So while we may have a joke every now and again, I agree with InKog that it is sometimes nice to lighten the atmosphere.

 

At the end of the day CAG is all about supporting eachother, sharing our knowledge and finding the light at the end of a very long tunnel.

 

Well, that's how I see it anyway and I am very grateful.

 

Well, back to topic I guess..........

[Cornucopia]

ah - nice one m55!!

 

Morning guys, can I just jump on and ask a question. I issued a CCA request to the DCA who has bought our account from MBNA, I also issued a letter of complaint to MBNA asking them to provide me with the agreement. Along with a very long winded letter (from MBNA) I have received a photocopy of a faxed copy of my husbands credit agreement (from 1996 - I am impressed!).

 

Could you confirm to me that this is not a true copy of an executed agreement? It has my husband's signature (and that of his ex-wife as an additional cardholder - where do we stand with that one??!) but none from the bank and no terms and conditions. I would say the document is legible apart from Section 11 - Principal Cardholder's Application & Declaration.

 

As an aside, they have also refused to provide me with a Deed of Assignment. It is "business sensitive" apparently.

 

Can anybody advise, hope you don't mind me butting in!!

[Cornucopia]

Hi Corn.

 

Why not issue a s85 default effective since 1998 and say that you require ALL interest (and charges) repaid from that date. If the agreement they hold isn't executed, how can they provide you with a copy of it?

 

Hi M,

 

Am SO fed up today, can't see the wood for the trees to be honest.

 

However, I have just noticed that this photocopied copy of a fax is in fact my husband's application form. They have also managed to copy it in such as way that the heading of the document is only very partially visible (ie : the bottom of the words only - if you get my drift!).

 

So I think we ALL agree that a photocopied copy of a faxed application form is NOT a true copy of the executed agreement.

 

Husband has pointed out the Right to Cancel box at the bottom saying "once you have signed this agreement, you will have for a short time a right to cancel it. Exact details of how and when to do this will be sent to you by post by the Bank".

 

Please clear the mist from my eyes or I might have to hang myself.

[Cornucopia]

On here there are a number of posts that list the prescribed items. If one or more of these are missing, the chances are that a judge will not be allowed to enforce it. It sounds very much like my MBNA 'agreement'. Section 85 states they must issue you with a copy of the executed agreement when they issue a new token, to fail in this means they cannot enforce, and if it lasts over a month (or 9 years in your case) they have committed an offence. There are hundreds and hundreds of posts in this thread to cover that. Read the last weeks worth of posts (or start at the beginning) and you'll see where we are up to.

 

M, thanks hun, I have been reading the thread every day so I do know the prescribed terms etc. However, my issue here was their failure to comply with my request for a true copy of the executed agreement (aside from the S85 issue). An application form does not comply with this as we all know, therefore, I am going to issue Arrow Global (the DCA) with a CCA default notice on Monday (as it will by then be 12 + 31).

 

So there.......

[Cornucopia]

Well, well, well - following my post with my Goldfish 'executed agreement' last week, when I get home tmw I'll scan and post a (MIB proof) copy of what Barclaycard have sent

 

Another application form - still, at least Goldfish had the deceny to have their signature on it (and before anyone starts, I know the sig doesnt have to be on the copy!)

 

 

Hi NCF, welcome to the :

 

"Here's a True Copy of Your Executed Agreement in the Form of A Photocopy of a Faxed Application Form" Club.

 

Hilarious.

[Cornucopia]

I'll post it out later tonight. I've got Terms email, but if anyone else wants to take a peek (and they are sending me a better copy later apparently) PM me with your email address.

 

I've decided how I'm going to play this, I'm going after GE Cap under s63.4 and s85, followed by an application for a stay on the DCA stuff until there is an outcome with GE Cap. In the mean time, I'm going after the DCA for s78 breach and DPA breach.

 

Got to get the kids in bed before I do anything though, and I'm starving!

 

M! Have I got to chase you round the threads???!!!! LOL! I am going to PM you, perhaps you'd have a look after dinner and kids!!

[Cornucopia]

i raised this SERIOUS MATTER on march 1st ( in this thread)but it got ignored...... so is it looking dodgy for balance transfers

or VERY DODGY for balance transfer application forms !! v - i also went on about original terms and conditions needing an easily identifiable date ....

 

 

 

http://www.consumeractiongroup.co.uk/forum/post-604705.html

 

 

and here are my words

=============================

IMAGINE you are opening a new credit card account and getting a special introductory rate for say 6 months say 5.9% APR and in the terms and conditions it said under

 

the section charges it said

CHARGES

 

(a) the interest rate for transactions and balance transfers is 0.485% per month equivalent to a 5.9% , fixed for a period of 6 months after opening of the account , after which it will revert to the standard variable interest rate which applies at that time

(b) etc etc . similarily section © etc

 

 

the point i am tring to make is assuming on the application form they plaster the words 5.9% apr (for 6 months)

 

they have only quoted the short term interest rate and not the long term interest rate

 

with these "MOUSETRAP" (cheap balance transfer - for a short time) intro credit cards .

 

they would never want you to see the standard APR so would not put it on the application (apart from being hidden in the small print t & c if they were there)

 

so may i suggest that virtually all these MOUSETRAP (balance transfer)credit cards do not quote the long term standard APR so we have "improperly executed agreements" at best ??

 

=============================

 

Forgive me for butting in, but looking at Willow's agreement, it does actually say Credit Agreement at the top and Credit Agreement at the bottom as opposed to the one I got from MBNA which actually said "application" on it. I haven't looked very closely as my boss is sitting right behind me! However, had I received this, I would have assumed it was a Credit Agreement.

 

Am rambling now.........

[Cornucopia]

WELL IT JUST SO HAPPENED A REVISED COPY OF THE BANKING CODE Has surfaceds in our library----- revised third edition september 1998

 

is this before the data protection act ????r

 

read section 4 PROTECTION

CONFIDENTIALITY(PAGES 15 & 16)

 

 

 

 

 

 

SINCE THIS APPLIES TO BANKS I ASSUME IT APPLIES TO THEIR CREDIT CARDS AND ANY ISSUED PRE SEP 1998 ??

 

AS USUAL COMMENTS PLEASE

 

Poor old MBNA, they haven't read the code, that's for sure!

 

In my case, transcribe the last bullet point in 4.2 to, ooh, about 28 minutes??!!

[Cornucopia]

I'm going to send a letter such as this tonight (its a WIP, I'm working on it!):

 

Dear Sir / Madam

 

Ref: #### #### #### ####

 

Upon receipt of the application form from yourselves sent through CL Finance, it has come to my attention that you are in breach of section 85 of the Consumer Credit Act 1974, and have been in breach since at least 1996. In addition to this, it appears that you are also in breach of section 63.4 of the Consumer Credit Act 1974.

 

With this in mind I am hereby giving you 14 days to remedy this breach, by which all monies applied by you onto this account by way of interest and charges be credited to the account, with any additional monies over and above the debit balance to be forwarded to me by cheque. I also require by that date all entries made to external Credit Reference Agencies be removed.

 

I am appalled firstly that such a breach has occurred by your conduct, and that the duration of this breach has been so extended.

 

Due to the urgency of this matter, I shall be issuing court proceedings immediately on the close of the 14-day period. I hereby give notice that any and all unlawful charges will also be claimed at that time, and a further charge will me made against you for attempting to profit whilst in default by selling this debt to CL Finance.

 

I look forward to hearing from you soon, but be aware that I will file on the 15th day (Wednesday 21st March 2007).

 

Yours faithfully

 

 

What do you think?

 

Super Duper M, I think it's quite threatening actually! Go for it fella!

[Cornucopia]

entity,

 

wasnt that a scary 70s film....

 

Oh dear! Sorry for going off-topic etc etc, but it SO was, freaked me out completely and was based on fact:o

[Cornucopia]

Can someone please give me a summary of this thread, i don't understand when or why, i would ask my creditors for a copy of my credit agreement?

 

Probably a stupid question, but google is no help.

 

Guys, I'll deal with this. Get on with your topic. Sortingitout, I will PM you.

[Cornucopia]

SIO - as stated above, its impossible to summarise this thread - a lot of it is people bouncing ideas of each other in relation to their own interpretation of the consumer credit act and related info

 

You need to do like the rest of us and set aside a LOT of time and go through it

 

It would help to use the 'search this thread' link (top right) and search key phrases you are looking into, such as 'execurted agreement', signature' , etc

 

As for when and why you would do a s78 request - this would be when you find yourself being chased for a debt that yopu are either unsure you ever owed or have difficulty paying and may end up in court with - point being, if they cannot provide a copy of the original EXECUTED agreement (signed by you) with the prescribed terms (that gets deep - see sections 60 and 61 of the consumer credit act 1974 and the Staturory Instruments for the Consumer Credit Regulations 1983 (these various documents 'flesh out' the prescribed terms of the CCA 1974) then the debt MAY be unenforceable, even in a court of law - hence they would not be able to chase the debt - BUT, they can recommence at any time should they find the agreement.

 

(Stops for breath)

 

Hope this of some help to you

 

 

Ooops, sombody got in before me, Sortingitout, if you need any clarification , please PM me and I will go through it with you so these peeps can stay "on topic" as it were.

[Cornucopia]

Nice 1 Corny

 

 

Well, i've been called some things in my time............!!!! Corny, thankfully, isn't one of them, until now!!!! LOL!!!

[Cornucopia]

Corn, you don't normally drift into the realms of the CCAA thread, no Boas OK!

 

Now that's where you're wrong M, I am ALWAYS here, just a silent observer!

 

Now don't get too cheeky or I will have no option but to tell Mrs M about us.:rolleyes:xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

[Cornucopia]

Hi CCAers - I am in the States & the story about the guy who took his case against his CC issuer to Capitol Hill is big stuff here right now - looks as though the US are picking up on what we are all doing in the UK - will be great news for the banks if both sides of the Atlantic start on them! Sorry - I know this is off thread, but just dropping in to say hello!

 

Oh you bloody show off you!!!

 

Hope you're having a great time, we miss you here on ALL the threads and SO much going on!! You missed my party last night too!! Wasn't the same without you!

 

Unfortunately M55 has disappeared since I threatened him with exposure.

 

This is very interesting, am on CNN a lot as their news is far more interesting than ours, so will have a good search!

 

Have a great time hun and apologies to the CCA thread for veering from the point in hand...........

[Cornucopia]

Which one - Corn?

 

Un1boy, how RUDE! I don't think we have even properly introduced!

 

I am a mere pussycat, am only a mincer when it comes to MBNA or M55 (purrrrr:rolleyes:).

 

He'll bloody kill me for posting that LOL!!!!!

[Cornucopia]

Hi Corn, I'm un1boy!

 

Hi Un1boy, I'm Corn (or Cornucopia when I am being posh & opinionated!). Very pleased to make your acquaintance!

[Cornucopia]

OMG Corn, she's gonna give me loads of grief, thanks!

 

I don't know, I take a couple of hours off this website as our 4 yo has chicken pox, I need to tidy the office so I've been 'filing' about 9 months of paperwork and I've been watching Ugly Betty, Corn forgets what thread she's on and starts flirting in the thread that DLC reads......

 

Then she'll wonder why I can't go to either East Anglia, coastal Kent or North London. Hey, Friday nights..... ain't what they used to be are they

 

Oh M! You ought to be more subtle in that case!!! LOL!!!

 

I am sorry Mr but I don't buy the excuse of filing and "watching Ugly Betty", you are not doing it right!!! I have not watched ANY telly in the last week because of this bloody site!!! And how was I flirting? You little minx!

 

Mrs DLC, if you are reading this, please be rest-assured that it is all good clean fun on this thread, and others, and you have my utmost respect for dealing with 3 kids and an obsessive husband! Please feel free to boot him out and join in my thread instead! You'll have lots of fun!!

 

I would certainly hope that if you were going to attend a CAG party M, you would bring Mrs M along so all our spouses can commiserate with eachother! Mine went to bed at half eight with the words "you love them more than me". How childish. He's 34. Get a bloody grip man!!! I wouldn't mind but it is his bloody MBNA card that got us into this mess!

 

Re : Chickenpox, nasty but short lived! Plenty of Calpol and TLC! My daughter got it when she was 4 months old. Nappies gave up the fight. I sat for hours holding her above the lav (oh there's a thought from another thread - lavnav - find it when you need it most LOL!!! M will know what I am droning on about!!). Have you ever seen a 4 month old with the squits? VERY unpleasant and inconvenient!!!

 

Anyway, this is SO off topic, soz xx:)

[Cornucopia]

OMG Corn, she's gonna give me loads of grief, thanks!

 

I don't know, I take a couple of hours off this website as our 4 yo has chicken pox, I need to tidy the office so I've been 'filing' about 9 months of paperwork and I've been watching Ugly Betty, Corn forgets what thread she's on and starts flirting in the thread that DLC reads......

 

Then she'll wonder why I can't go to either East Anglia, coastal Kent or North London. Hey, Friday nights..... ain't what they used to be are they

 

Oh and I forgot, motherly cuddles aplenty for Toddler M55, bless him/her! Watch out for the ONE giant scar that he/she will have from chickenpox, they always get a HUGE spot somewhere and it leaves a massive scar. Mine is on my tummy, daughter's is on her bottom!!! She'll love me for this!

 

Now can we get back on topic people! My fault for sending it awry!!

[Cornucopia]

M55.You must start to chill out.I got a default notice yesterday from Arrow Global and I just laughed giving me 14 days to cough up all else.The only coughing I will do is to clear my throat.Anyway I can use the default as a tool because it do's not follow the Act on one little technicality Westclott sent me one the day previous for the same alleged debt.Now this is the juicy bit Arrow brought the debt from my good old buddies MBUSA but without any evidence.In one paragraph they say they have been assigned and in the next they say they've brought it.Sorry they won't confuse the Terminator.So as I have no agreement with Arrow they will be receiving a S10 DPA notice early next week and Westclott will receive a CCA request then we will see who is confused.Anyway as it's St Pat's day and im English I am just going to forget it.So if the MIB's are watching the beers are on you.

 

Hmm, chance will be a fine thing Terminator, M55 is trying to start global anarchy on my MBNA thread:rolleyes:

 

Back to the matter in hand, we are also involved with Arrow Global. MBNA "sold" the debt to them without any warning or default notice to us, a long story but that is the crux of it. However, despite an initial letter from Arrow and a default and termination notice from them (again before we could do a thing about it), we haven't heard from them since! All correspondence has been from Eversheds, their Sols. So, don't be surprised if you don't hear a word more........the best thing is, I have defaulted them under the 12+30 rule of the CCA - how nice that was too!

[Cornucopia]

Hi

 

Sorry you feel you are being ignored. I too am looking for answers but as far as I know no-one here has yet been to court about the s85 issue so there's nothing to report as yet.

 

Regards, Pam

 

This is a difficult one, I know that Zubo was going for consolidation as is PriorityOne. We know that Battleaxe is persuing Sect 85 with MBNA but so far, they haven't taken up the challenge of court!

 

This is a wait and see subject I think..........or do it yourself and see what happens! I am toying with the idea right now, but want to see where the land lies first.

[Cornucopia]

Can I be a cheeky cow and link this thread for any MBNA'ers out there......

 

http://www.consumeractiongroup.co.uk/forum/mbna/74790-vital-fsa-mass-complaint.html

 

Thank you and sorry for hijack (well, not really sorry, it was worth the risk!!!)

 

Corn x:)