Cap1 & CCA return

[Smoothy]

What a thread!! Intresting debate. Its taken me 3 days and i finally get to the end, and it stops!! I know its christmas guys, but please keep up the debate! Like most people who've read this thread, Im Hooked!

Cant wait for the outcome. Keep up the good work.

 

Smoothy

 

Tamadus or Terminator may I PM either of you with a specific question relating to the thread?!

[Smoothy]

I agree Jon but it will continue as long as enough people do it.

 

It's a bit like the price of petrol, they would soon lower it if nobody bought any for a week but in reality it's not going to happen.

 

 

Guess what dave........

 

BBC NEWS | Business | Supermarkets move to cut petrol

 

Sorry!!

Smoothy

[Smoothy]

Perhaps we should mount a 'boycot the internet when dealing with the money lenders & their agents' (needs a better title) campaign. Great Idea for a new thread in the campaign forum. Anyone agree?

 

 

How’s about No Applications Signed OnLine...

Only drawback is the acronym is N.A.S.O.L might get mistaken for a sinus remedy!!

But I totally agree... it’s about time consumers started fighting back in stead of rolling over and accepting practices that jeopardize their rights.

Smoothy

[Smoothy]

Thnks loads guys.....I thouhgt the agreement was sufficient, and seeing as I'm on a day off today looks IKE I'm gonna spend it writing letters - I'll send them all today, hehe!

 

Same here...got agrement but no T&C's... nearly commited a criminal offence as 12 days+month has nearly expired!!

 

Letter to go tomorrow!!

 

Smoothy

[Smoothy]

Thanks for all ur help guys - I have one morequestion.

 

What how does the CCA request affect a claim for unlawful charges? Should you do the charges first and then the CCA request, or do you think you could negotiate a settlement of the cahrges plus a bit more instead of reporting them?

 

 

Thought this may be relevant.....

http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply.html?highlight=baconbuttyman#post91636

 

Smoothy

[Smoothy]

Thanks to this thread and the invaluable advice I have gleaned from it and to Tamadus, Terminator, Uni and many others to numerous to mention, as of today

*********

(un)Welcome Finance

Crapital One

GCC (Although they acknowledged no agreement and have decided not to take the matter further)

************

Have all failed to supply a copy of the executed agreements as dictated by CCA. Letters going out monday regarding non compliance.

All my mini battles are listed here http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/47951-smoothly-does.html#post381929 and although the debts remain, they are now unenforceable! Yipee.

 

I have spent too many years living in the dark regarding my rights as a consumer and even though I have on occasion argued with creditors about their underhand tactics, I have never been assured that my arguments have been valid. That is until I found this site and the helpful people that have given their advice freely and without wanting anything in return.

I believe a revolution is coming. Maybe we will go down in history as

 

The Consumers Revolt. (I know i'm pretty revolting!!)

The war continues but the battle is won.

 

Thanks all of you.

 

Smoothy

[Smoothy]

That's crazy -what's the point of that?

 

So if you sign a credit acard agreement in the bank branch you don't get a cooling off period?

 

And if thats the case, what about high pressure car sales such as the former 'Yes Car Credit' where you were bombarded with their sales pitch untill you signed. A lot of people have been pressurized into signing an agreement. Does this mean they have no cooling off period?

It did when I asked about it!!

 

Smoothy

[Smoothy]

God I am so shocked - does that apply to agreements covered under the CCA and what is the point of that?

 

Well..with my agreement with welcome that was signed on Yes car credits premises, there is no cooling off period or right to cancel unless x amount is paid under the agreement. That meant i was tied for at least a year before i could even consider cancelling it!!

[Smoothy]

And that include credit cards etc? Do you have any idea as to what benefit it has/why that is the case?

 

 

I think its because under the conditions of CCA licence, they are expected to tell you the importance of the agreement you are signing. That way there is no comeback on them if you sign and then claim you werent told of something that could void the agreement like....no cooling off period!!!

In reality, they place the onus on the customer to have understood what they are doing even if they havnt verbally warned you off the pitfalls. Cause at the end of the day, its your word against a salesman.

Only my musings....dont take it as fact!!

 

Smoothy

[Smoothy]

AAAAARRRRRGGGGGHHH

 

look..! worms everywhere...

Who opened the can!!

 

 

you see, I'm so small minded, Ive gone through life believing that these instiutions, FSA, FO etc are the consumers safety net and will bring bank offenders to justice...

Now, I have an image in my head of criminals giving the police a percentage of their ill gotten gains...

 

I need a valium!

[Smoothy]

Then that one is definitely Lloyds TSB

 

now where is 01562?

 

 

 

Thatll be Kettering then

 

My mistake...Kidderminster!!

[Smoothy]

Wow!...Looks like I missed some action.

Guys im right behind you all. I would visit the police but Im housebound. But whatever support I can give is yours. If there is anything I can do let me know.

Smoothy

[Smoothy]

That's OK Uni1boy

 

The original thought is an interesting one though - we could have much more of an impact as a group than as a collective share of ideas and knowledge. We're months if not years away, but I recon we're going to need a bit of structure if we're ever going to become a political force. You never know, Bankfodder may yet be Prime Minister!

 

Maybe.....

 

[Smoothy]

I just had a copy of a credit Agreement duly signed by both parties ( T&C's omitted) but referred to as 'on the back'

 

Surely as the T&C's are referred to in the document, they make up the executed agreement and the fact the have been omitted means they have not yet complied with your request?!

Somebody correct me!!Please!

[Smoothy]

Nope it's exactly the same, and the reason why three of my settled accounts are tying themselves up in knots coz I'm reclaiming the interest from them that they've charged.

 

Mike

 

Whoaaa boy! Sorry to yank the handbrake up but can you clarify something for me Mike?

 

My interpretation of the last few posts is

 

If you have no credit limit stated on your agreement, it renders it

 

_ _ - _ _ _ _ _ _ _ _ _ _ _

 

Please fill in the blanks! Cause if it is what I think it is, then yeeeehar ..its payday!!

[Smoothy]

I'm a little confused by the post, but I think the gist is, no credit limit, not prperly executed.

 

I'm sitting at the computer now with a copy of an 'agreement' that was alleged to be in operation between me and 'a bank' for a credit card.

 

Lets take it one step at a time, at the top it says Credit Agreement regulated by the CCA 1974', by inference therefore it should adhere to all that is required under that act.

 

1.There is no rate of interest on the sheet, it says in the small print that the rate of interest will be determined after my applcation has been approved.

 

2. There is no credit limit set, once again it says in the small print that the rate of interest will be determined after my applcation has been approved.

 

These are prescribed terms and must be in place above the signature to indicate that the information is readily available to the customer before he signs it and not on another document. If you read the OFTs guidlines on the agreement layout that a couple of people have linked to in this thread, you will see this in black & white.

 

In box 12 of the agreement it goes on to say that

• we will use CRAs to help consider your application.
  
• if you do not qualify for a Gold Card, ..... we may give you a standard card (which is also covered by this agreement) This alludes to that fact that it is indeed an application and not an agreement, in addition the substitution of another 'end product' (if this was an agreement) would be in breech of section 59
  
• and the most damning piece of all is just above the signature box it says quite clearly, please sign and return your application
  
• In addition the box is signed by someone at the bank, but not dated, so is executed on that point I do't know.

So there you have it, I have an agreement that is also an application, but an agreement that does not conform to what is required, that is whty I'm getting my interest back, charges refunded and the data removed from the CRAs

 

Mike

Thanks Mike. That explained it all succinctly and clearly. That was the question I wanted answered. No credit limit or intrest rate + non executed agreement= UN-ENFORCEABLE!!

Sorry for seeming an idiot, its just my interpretation is generally the wrong one!

But what a wealth of info......

>rushes off to check all agreeements comply

[Smoothy]

But if thats the case, how would you know what your credit limit is if you dont receive notification, and therefore unaware that you may have breached t&c's by exceeding it then getting a default and not knowing wether all of this is lawful/enforceable?

[Smoothy]

Hi Smoothy

 

The regulations apply to the form and content of the agreement. The card issuer normally notifies you of your initial credit limit when they send the card.

 

Regards, Pam

 

I know what your saying Pam, but my point is, if its to be sent on a separate piece of paper, surely its your word against theirs that you received it and if you didnt receive it, they have the opportunity to alter it in their favour. Not that I would dare to assume that these marvelous financial institutions that have put the Great into Britain would stoop so low as to commit fraud........

[Smoothy]

 

. The commission of an offence, should the failure to supply the documents continue for a month, does not affect the long term enforceability of an agreement as far as the Act is concerned. Once the creditor does comply with the request, whether beyond the prescribed period or not, he will be able to enforce the agreement again.

 

Peter

 

Well, I just re-read CCA 1974....

 

(4) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement; and

 

(b) if the default continues for one month he commits an offence.

 

As has been said before once an offence has been commited, it does not go away. In which case, although the default is removed, I can see how they may continue to request payment but in order to enforce the agreement, by going to court, they leave themselves open to investigation regarding the offence. Thats how i see it.......although i reserve the right to withdraw this statement if it is found to be untrue!!!

[Smoothy]

Wow ... will you look at that....

 

Currently Active Users Viewing This Thread: 19 (3 members and 16 guests)

[Smoothy]

Yep...all gone!!

Currently Active Users Viewing This Thread: 1 (1 members and 0 guests)

[Smoothy]

Trouble is you need to be specific about each petition and thus starting a new petition for each action. We could crash their servers!!!!

Anyone wann pay for a new server at No 10?

LOL

[Smoothy]

They are just catching up!!!!

Currently Active Users Viewing This Thread: 13 (5 members and 8 guests)

[Smoothy]

It just means there could be some aggro with that particular account and they dont have the bottle to continue! Anything for a quiet life!!

 

Im having a bit of a mare...can anyone tell me where to find that ruling from the IO about microfiche agreements not being valid? I know Ive seen it somewhere and after a few hours searching the threads, my head hurts! Anyone got a link to it?

[Smoothy]

Crap 1 love to argue! I decided to call em after they failed to comply with my CCA and I ended up losing my temper as I had to educate Miss Jobsworth about the CCA especially sec61 (a)(b)©. Five times she argued that they had complied.... its like....