Cap1 & CCA return

[ecobabe]

ally I posted on your thread in the debt & baliff forum as i said there I would start by sending them a CCA request that'll make em sit up!

[ecobabe]

are you talking about the credit card issue here? cos i thought it had already been established that an agreement is completely unenforceable without copy of original signed agreement as per House of Lords, Wilson v First County Trust Ltd

[ecobabe]

I posted a couple of weeks about a book I'd found "CCA 2006" written by a QC specialising in consumer law. it covers the '74 act and all the SI etc and how the 2006 Act amends it and according to him ," the creditor may not enforce the agreement. This operates as a complete bar to enforcement & there is no power in the court to order otherwise" he refers to Wilson v First County Trust Ltd (no 2) 2002

[ecobabe]

the CCA 2006 (according to QC whose book i'm referring to) has amended the enforcement section of the Act s127 of CCa 74. at the moment s127 (3&5) prevents any enforcement, without properly signed agreement, wilson etc. new 2006 Act is not retrospective but s127 has been amended; s15 in 2006 act; so that debt can be enforced easier ie don't need original signed agreement. apparently comes into force in april 2008 and as said only applies to agreements taken out after this

[ecobabe]

i think there's reg's that allow them to supply the agreement unsigned to comply with s77/78 requests but it is unenforceable without original agreement if it goes to court. the book is by Oxford University press, " Blackstone's Guide to CCA 2006" by Richard Mawbrey QC & Tobias Riley Smith( £35). it's pretty comprehensive and covers all CCA '74 and all SI's & reg's that apply to it. It then covers CCA 2006 and how 74 act is changed by it.

[ecobabe]

to be honest I'm not particularly hot on the data protection act, i assume this debt is from way back in early 90's? itake it you have acknowledged it by paying it? if not then the Limitations Act 1980 would render it unenforceable, sorry if this has been discussed i'm just popping in briefly and don't have time to read back just now, will do so later

[ecobabe]

hi, today i received a letter from a large very well known DCA that I CCA'd in July. They couldn't comply and told me in Sept that they couldn't find agreement. I received a letter today stating that they were closing the file on this because "the debt cannot be enforced without the original credit agreement and you have now advised us that you do not acknowledge this debt any further" I would also say that this was for a not inconsiderable amount of money, and they have details of all payments made to it and direct debt mandate. now there is no way that an established company of this size and notoriety would do this if they had the slightest chance of continuing with it to court. So take heart and don't be fobbed off. I'm not posting the name here because I'm not finished with them but if anyone wants to know pm me.

[ecobabe]

un1boy, it only applies to accounts still being paid, i think, even if it's not the original creditor they need to comply. if account is paid and closed then I think you can only reclaim charges. Bigal, there was no default registered, but there should have been so i think they knew that they were chancing their arm by not having agreement, but it makes it easier from me to deal with. once again I reiterate don't be put off, this proves that we're right about agreement because this was a lot of money that they are writing off. and let's be honest they don't do that lightly!

[ecobabe]

can i just throw my tuppence worth in here, as most folks know that have read this over past few days i've just had a large debt written off for this reason , no agreement. anyway i've also been in correspondence with barclaycard over a really old account they have chased me for recently, after a gap of a few years. it's not for very much money and i know for a fact that i will have paid more than double in charges. anyway they sent me a copy of the original application form, with my signature on it . i thought b****r! but when i thought about it, it's not the agreement, it only has one signature. and also don't forget as well as the possibility of being turned down for credit (so it ain't an agreement) there is always a cooling off period when you sign something like that. I have signed for double glazing before including finance, and then written and cancelled it cos i had been pressurised. so as well as the possibility of your application form being turned down you could change your mind in the cooling off period and cancel!!so if an application form can be used then the charlatans that got me to agree to double glazing could send my form and try to enforce it!! and I don't think that would be acceptable. Anyway back to me (isn't it always!) , I wrote to Barclaycard and told them that is wasn't a properly executed agreement and they agreed and wrote and told me that they would not be pursuing it. so it is worth thinking about, I certainly don't think an application form is sufficient even if it's signed by both parties

[ecobabe]

i don't have a thread on it. it was a small amount of money from a long time ago 1993. i had paid it regularly and as far as i was aware i had paid about £900 to it over 4-5 months in ~2000. then there was no contact for couple of years, then in ~2002 they started writing again which i ignored , then i responded at some point but didn't pay anything. this was on & off til earlier in year. I cca'd them and the rest i have told in last post, copy of original application form. The file is now closed. but if you read back the posts since thurs you'll see that i had a major success with a different company. but effectively they didn't have the agreement.

[ecobabe]

are you still using it or is it now in hands in hands of dca? i'm not too sure about bank overdrafts, but i suspect that they're the same.

[ecobabe]

on a slightly different note.....don't know if it was you peterbard or tamadus that had letter from Ian mcCartney.....??? anyway, now that my debts are all gone (wayhay!!) i've been helping some other folks and one of them had old MBNA credit card passed to Link, (bear with me here ) so we CCA'd them in sept and got patronozing letter back from link saying s77 & 78 doesn't apply to us cos we aint the original credito. anyway i replied reminding them of s185 and that they were wrong. when all time had elapsed we complained to TS who called today to say that they had spoken to link and they would still be pursuing the debt because original creditors would have agreement and other pish(sorry but i am really disgusted at TS). So we cca'd MBNA today and I know I am in the right, but anybody else want to tell me i'm wrong? Ian McCartney wants to tell his dept to train their staff properly

[ecobabe]

i'm not worried by link nor is my friend, but i just despair for the folk who don't about this stuff. for Link to be so blatant to TS and for TS to be so ...........**** is enraging.

[ecobabe]

hi folks, wonder if the brains could comment on this. helping a neighbour (who's been left with 4 kids and no money)with a cca request to provident(eek!); they sent copy and I used the loan checker link which someone posted. anyway it says that the figures are wrong at 17.7% APR, so i wrote to them and mentioned that this was innaccurate. they have written back saying that APR is 177% and figures are correct. loan checker thingy won't let me enter 177% APR, must be between 0-100%. can anyone tell me how to work this out? thanks