Cap1 & CCA return

[davefirewalker]

Pam the calcs for APR are here......hope youve got your thinking cap on

 

ouch....

 

The Office of Fair Trading: Credit charges and APR

 

Dave

[davefirewalker]

still looking at it

 

Dave

[davefirewalker]

Not too sure on this ...I am sure that someone will correct me.

"civil" offences seem to come under TORT law. the most common being the tort of tresspass.

 

see link Tort - Wikipedia, the free encyclopedia

 

and also

 

Theories of Tort Law

for the more advanced version

 

 

Dave

[davefirewalker]

This is something that has been concerning me .....

I have an agreement 3 pages long the amount, apr, etc on page 1 some terms and stuff and sigs on page 3

 

any ideas

 

Dave

[davefirewalker]

Hi Joneshousehold re the "document" three pages long, Ive just answered my own question. (suprising what a little study of the regs can bring)

 

see below it makes reference to "first page" it follows that there can be more than one ....

 

but in reading that it also says that the heading must contain one of the following....

 

mine doesnt it says "fixed-sum loan agreement regulated....etc"

Not looking for a "get out" but I'm arguing over missold PPI and if I can get ANY lever to make them see sense then I will use it

 

Dave

 

What the agreement must contain

1 A heading in one of the following forms of words shown prominently on the first page:

Hire-Purchase Agreement regulated by the Consumer Credit Act 1974

or

Conditional Sale Agreement regulated by the Consumer Credit Act 1974

or, in any other case,

Credit Agreement regulated by the Consumer Credit Act 1974.

Where the document embodies an agreement, of which at least one part is a credit

agreement not regulated by the Act, the word ‘partly’ must be inserted before

‘regulated’ in the heading – unless the regulated and unregulated parts of the

agreement can be clearly seen to be separate.

[davefirewalker]

Hi

 

But it also says that some terms must be in the 'signature' document so there is still a chance that this means that if there is more than one page to the 'document' then these terms must be on the same page as your signature.

 

I think the only way to find out is to take a trip to a library with a good law reference section and look up the original 1983 Agreement Regs. Unfortunately I have been unable to find these on the web!

 

Regards, Pam

 

Ive had the same trouble for ages.......maybe a trip to the library IS called for.

 

This is only really a side issue, I'm trying to get them to cancel and refund my ppi which was missold due to me being a director of my own company. so for all purposes self employed. the ppi isnt worth a carrot to me.

 

I am trying to build up my arsenal of weapons before I go in guns blazing.

 

Dave

[davefirewalker]

Ive had these thoughts.....as i have an agreement 3 pages long. unfortunately the regs make a reference to the heading "regulated by cca 1974...etc" must be on the FIRST page......it follows that a doc can have more than one page......sorry

 

Dave

[davefirewalker]

un1boy link is here

 

The Office of Fair Trading: Cancellable and non-cancellable agreements

 

it sets out the format of the docs and what they MUST contain

 

Dave

[davefirewalker]

Angela have you read the docs in my previous post. it gives the exact format of how the docs should be laid out and what they MUST contain. I got a photocopy of mine and started crossing out or highlighting where it was ok.

 

What was left came in for some very close scrutiny

 

Its also important to find out what sort of agreement you have. does it have a cancelable section in it, where did you sign it (at home or on their premises)

 

rgds

 

Dave

[davefirewalker]

Hi Fantasy

 

No I would read that as your credit limit is set at £nnnn. The credit company may allow you a temporary "overdraft" but that is not included in your credit limit.

 

Dave

[davefirewalker]

My feeling on the subject is that even £12 is supect as we all know it may only cost about £2. but if it is in their t&c then they may well think that they have the right to charge it. but according to the regs you highlighted, it would seem that there are two scenarios. either a) you go over your limit and they charge you (likely) or b) they have a clause that will allow you to go over your limit on a temp basis with no charge (unlikely). in either case it will not affect your credit limit as granted.

 

Dave

[davefirewalker]

Battleaxe yes I know theyre unlawfull I said as much in the post, but it was hidden in the meaning, read it again

 

rgds

Dave

[davefirewalker]

I seem to remember that it requires two signature to become properly executed......now then if theyve only just signed it, the agreement was improperly executed for 14 years.

 

is there a claim for the return of interest in the offing ???

 

or am I wrong again.....

 

Dave

[davefirewalker]

tide turner

 

carbon dating is only accurate to about 50 -100 years either way

 

dont think that that will work

 

Although there may be some other way to check the validity

 

Dave

[davefirewalker]

Angry Cat I'm in almost the same boat.

 

just as the twelve days expired MS have sent me my application (they admitted it was an application) with no prescribed terms. some poorly copied t&c and a mailer card with my latest credit limit on it and of course current terms.

 

I wrote back on 2 April and said I wanted the original signed docs. not heard anything as yet apart from an acknowledgement that they would look into my concerns

 

They are soooooooo in default (v soon)

 

Dave

Dave

[davefirewalker]

yeah ok I Know what I meant

 

what I really meant is that they will have comitted an offence and I can have a go at them

 

Dave

[davefirewalker]

Hi Maria

 

As you already know if the "agreement" doesnt have all the prescribed terms they are on a loser.

 

if its not signed by both they are on a loser

 

If the t&c are illegible they are on a loser

 

All three forget it they've already lost.

 

As for registering a default its a case for the trading standards or the OFT or the FAS or all three. But from what Ive seen none of them are much use.

 

if the finance co supplied the credit its them you go for. It doesnt matter what excuse they come out with......the bottom line is its their problem.

 

their are some templates I'll try to find them for you.... i'm preoccupied at the moment with a bottle of wine and watching worrld cup cricket ...

 

dave

[davefirewalker]

Anyone care to glance at this on the "other " CCA thread

 

I think I'm Screwed.....

 

http://www.consumeractiongroup.co.uk/forum/post-753131.html

 

Dave

[davefirewalker]

erased my sig for security reasons

 

Dave

[davefirewalker]

Who did you?

 

Yes "I" did....didnt want my sig for all and sundry to copy

 

thanks

 

Dave

[davefirewalker]

nope....you need to make it bigger

 

are you using photobucket?

 

Dave

[davefirewalker]

intersting problem on the other cca thread.

 

prescibed terms.........what are they and how should they be presented.

ok I think we all know what they are, but presentation?

 

specifically the term "repayments".

 

I have an agreement and it does not mention repayments anywhere.

 

neither is there a heading repayments.

 

it does mention installments, payments, but not SPECIFICALLY "repayments"

 

any thoughts

 

Dave

[davefirewalker]

this should be it but bigger lol

 

not yet

 

[davefirewalker]

from first look it looks ok

 

where did you sign it?

 

(dont say at the bottom)

 

 

Dave

[davefirewalker]

Not what I meant...

 

did you sign it in their office ?

 

what is the history of this....is it a cca request?

 

Dave