Cap1 & CCA return

[Acerfan]

Hi,

I've been following this thread & another along similar lines for a while & sent off my CCA request last week. However, the template I found was:

 

 

Dear Sir/Madam

 

Re: Account Number: XXXXXXXX

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

My problem is, if I follow the threads correctly, that I don't think I ever signed an agreement & the letter I sent doesn't request a true copy of the original signed agreement as yours does. Is there anything I can do now? Should I send another request? Or should I wait & see what they say?

[Acerfan]

I sent off my CCA request for a loan agreement I was sure I never signed & received a 'Pre-Contract Information Fixed-Sum Loan Agreement regulated by the Consumer Credit Act 1974' form yesterday in reply. This is the original, has been filled in in pen & has NO SIGNATURES. Just wondering where to go from here?

 

It's a slightly complicated one cos I originally applied for lower amount & have copy of signed agreement for that loan, although I also have a statement showing closure of that account. This pre-contract information (for 2nd loan) however states 'refinancing' of that account. I also had to acknowledge existence of this loan when I received threatening letters demanding payment when none was due (Huge admin problems with this bank - they're a bunch of incompetents - 4 major errors by them on one acount in one year!!!)

 

Is there anything I can do? Should I write using Number 6's CCA request template in post #468 to make it clear exactly what I'm requesting? Do I need to send the £1.00 PO as I've already sent one? Should I just write to clarify my request? Or should I leave it for the 14 working days + 1 calender month until they are in breach?

 

With regard to the admittance of existence of the loan (in writing unfortunately), do you think they would dig that up? It was direct communication with the branch manager not customer services

[Acerfan]

Hi all,

My bank is 2 days away from being guilty of criminal act & still not heard any more than receiving pre-contract information. Sent letter requesting full compliance with S61 - a signed agreement which they received on 14th. I'm all set to cancel the D/D before next payment due. However, I just wanted to check something. While the account's in dispute & I'm not making payments, do I need to keep the money to one side ie can they demand I pay all monthly payments I've missed at once if they come up with an agreement? Or would the repayments just resume. As far as I'm aware, while an account's in dispute, no interest can be added, and they cannot demand repayment. It's just the afterwards bit I'm a bit worried about, IF they come up with anything.

 

Hope someone can help

 

Thanks for a great thread everyone

[Acerfan]

In the mood to complain today, so can anyone tell me who I can complain to apart from TS & what the addresses are? - long story but limited computer time. Also, does anyone have any template letters please? 2 companies now committing criminal offences for failure to comply to CCA request. Would be great to have complaints ready for their responses to my 'I'm not going to pay until you can prove I have an agreement with you'

 

Cheers all & a belated happy new year

 

PS Peterbard, could I have a copy of your MP's letter too? Cheers

[Acerfan]

Hi,

Received an almost completely illegible copy of an application form from my CC company yesterday (6 days after end of timescale). The letter was dated 4/1, which was still within the timescale, but the postmark on the envelope says 10/1 (wonder if they backdated it cheeky sods). It seems just to be an application form as the info on it is limited - nothing as far as I can see about a credit limit or account number. They have included a copy of the T&Cs which seem to be from that time (charges are at higher rate).

I had written to them at the end of the 14 days + 1 calender month to say they hadn't complied & was witholding payment, but got a call last night demanding immediate payment of the minimum monthly payment + enough to get me back within credit limit (their charges took me over limit). I was forced to tell them why I wasn't going to make payment - ie why the account's in dispute. Hope this doesn't affect anything.

Am planning on writing to them to tell them they still haven't complied, but can anyone remind me of who to complain & under what legislation/law they can't harrass me over the phone about this? Don't want to be receiving constant phone calls as I'm generally out all day & my partner (who works from home) has to field all my calls.

 

Also, when I first got the card, they sent the statements etc to my parent's address. Having looked at the form, 'Student Application', it has 2 sections for addresses - term address & parent's/guardian's address. I wasn't returning to my parent's out of term time, so wasn't receiving statements & was being charged for late payments etc. Just wondering if this was in fact a blunder on their part or if it's standard procedure on their student cards? Or can I still make a complaint about this?

 

Cheers all

[Acerfan]

Many thanks for all the responses to my queries. I have another question to put to you regarding disclosure of personal information. Having received a copy of my application form in an illegible state, I cannot verify that I ever signed an agreement with them - so, all the calls I've been gettitng over the years from organisations 'in association with' the CC company offering services ie health insurance etc - have they been given my information illegally if no agreement exists? The CC company therefore having breached the Data Pretection Act?

[Acerfan]

Hi

could someone take a look at my thread Suspect I have no loan agrrement please? Am not sure whether to visit the branch or not

 

Cheers all

[Acerfan]

Tamadus, 01273 743574 is More Than. There's a great website SAYNOTO0870.COM - Non-Geographical Alternative Telephone Numbers which gives alternative geographical numbers for premium rate numbers.

[Acerfan]

Would this therefore also apply to Storecards as they're running credit agreements? My OH has a Storecard I sent a CCA request off for. They sent a copy of application/agreement but no T&Cs. I've let this one go a bit for the moment & it's still being paid, but if this refers to Storecards as well as CCs, they're guilty of non-compliance with CCA s78 request & a s85 default. Also, if it came to it, can anyone see a problem in me representing him at court? So far I've written the letters in his name & he's signed them.

 

Also, we never did an SAR as we have most of the statements from claiming back the charges, so how would we find out when they first defaulted? I know we can claim back interest, but there were also 'account cover' payments going out till they were cancelled. Does anyone know if these can be reclaimed under s85/s78 as part of the consolidation?

[Acerfan]

Thanks for that Tam. Not sure if I can claim on the mis-selling of the 'account cover' (it is a form of payment protection) as he ticked the box on the application/agreement. However, I know they never sent out copies of the agreement with the new cards. He's had a few (still got the old ones actually), but they have no expiry dates on them. Any ideas on finding out when they would have defaulted?

[Acerfan]

Has anyone got any ideas on how the implications of Section 59 could be used?

 

59 Agreement to enter future agreement void

(1) An agreement is void if, and to the extent that, it purports to bind a person to enter as debtor or hirer into a prospective regulated agreement.

(2) Regulations may exclude from the operation of subsection (1) agreements such as are described in the regulations.

 

As credit checks are performed and credit limits set after an application has been received, surely a signed credit card application binds a person into a prospective regulated agreement.

 

I know this was mentioned earlier in the thread, but didn't seen any definite conclusions on this.

[Acerfan]

Hi,

Does anyone have any experience of or understanding of section 49 or 174? I'm trying to build up as much ammunition as possible against one company who have failed to comply with my CCA request by sending a poor copy of my application form with many of the prescribed terms missing. The credit card was 'sold' to me by a 'canvasser' - a representative of the company was off trade premises & was offering free cameras to anyone who filled in an application. They never sent me an agreement - I suspect they don't have one.

 

Also, section 174 breach - I can't see anywhere on the form or T&Cs any info relating to passing on my details to third parties eg CRAs (except where it refers to DCAs) - can anyone confirm that this isn't one of the 'implied' terms? Just looking for reassurance really before I make an A*** of myself.

[Acerfan]

Wouldn't this also apply to banks sending their call centres out to India? After the stories of call centre operatives selling data, there's obviously no guarantee of protection.

 

Sorry, not trying to distract from the original question, just to build on it (& stir up some more muck on the way maybe)

[Acerfan]

I'd be interested to know what you find out Tam, could you email me when you get any info please?

[Acerfan]

I've just received a final response letter with a copy of an agreement from a bank I sent a s77 request to who are guilty of a criminal offence, the 2+12+month expiring in December. However, they've sent an agreement for an old closed account & not for the account I sent the request for on top of which that agreement has no signature boxes (indicated they're on reverse along with more T&Cs but no copy of the reverse)

 

It seems they consider the matter closed & they're charging me for not making repayments. Am going to complain to TS & write back rejecting what they've sent but wondered if anyone had any extra advice. My thread is Suspect I have no loan agrrement

[Acerfan]

Hi TANZARELLI,

Mine's exactly the same

 

Acerfan

[Acerfan]

Battleaxe, just tried to PM you. Can you PM me your email address so I can send you some info you might be interested in?

 

Thanks

Acerfan

[Acerfan]

Sorry to interrupt, but is there any chance of someone taking a look at my thread Suspect I have no loan agrrement

 

please? Would really appreciate some help.

[Acerfan]

Can anyone have a look at my thread Suspect I have no loan agrrement please? I could really, really do with some advice

[Acerfan]

Can anyone have a look at my thread Suspect I have no loan agrrement please? I could really, really do with some advice

 

Can anyone help please?

[Acerfan]

Hi,

I've been away from the site for a very long time, but I have some issues I'd like to clear up & I hope someone can help.

 

I'm currently having problems with a company that I sent off a CCA request to over a year ago. They finally sent the correct copy of the agreement, (after the prescribed time) but no cancellation rights. I can't remember if the agreement was signed in branch or not, but the cancellation rights are mentioned on the agreement & I never received them or a copy of the agreement at the time or shortly after. I know that in some cases you have no right to cancel, but if your rights are mentioned on the agreement with a statement that you will receive them within X days, then surely they must supply them as this is what is agreed when the ageement is signed.

 

This company has continued to chase me for payment, ignoring all my many letters stating they're in breach of the law & have issued a default notice. However, the default notice states that the agreement is with another bank. I know this bank is part of the same group, but if it is not the same bank that they claim I owe money to as per the alleged agreement, then surely the default notice is incorrect & they can't act on it?

 

The reason I'm asking is I'm preparing a complaint against them with the Financial Ombudsman Service & also the Information Commissioner (as they've also failed to satisfy my S.A.R - (Subject Access Request)) & I would like to know I have my facts 100% correct.

 

Many thanks in advance for any reassurance anyone can give & I can't believe how many pages I've got to catch up on!!!!

[Acerfan]

Thanks for your help everyone. I guess I've got a bit of reading to do. I am of the opinion that as they're expecting me to follow the alleged agreement to the letter, then so should they have done in sending the cancellation rights at the time they said they would & again when I made the CCA request. Thanks for the heads up on the default notice. I hadn't thought of a claim for defamation. I will be sure to do some extra reading when I get a spare minute (time's very, very short at the moment). I have just updated my thread which is here Suspect I have no loan agrrement If anyone has any additional advice it would be much appreciated.

Many thanks again for all your assistance

[Acerfan]

Hi,

I need to send off a s.10 notice as my details have been passed on to a dca for an unenforceable debt (credit card company has sent me my application form in response to CCA request) for which I never signed any agreement or agreed that they could pass on my information to third parties. Obviously, I don't want to agree that there was a contract as per the standard letter, so I've adapted it. I was just wondering if anyone could have a look at my draft I've posted in my thread Suspect I have no loan agrrement please.

 

I'd really appreciate it, so many thanks in advance

[Acerfan]

I got a copy of an application form instead of a full agreement in response to my CCA request. T&Cs are not dated. Just out of interest, can anyone tell me if this section of the T&Cs gives this company the right to pass on my details to DCAs or CRAs please?

 

We may transfer to any other person any or all of our rights under this agreement at any time and our duties (including, without limitation, our duty to lend to you). We may do this without telling you. Your rights under this agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected.

 

I think it probably does, but just want to be sure, although as they're not dated & on a separate sheet from the form, they're not confirmed as being current when the application was signed

[Acerfan]

Hi,

I hope that someone here may be able to offer an answer to my question. I do have my own thread on the subject but haven't been able to keep it up to date and often do not get responses. I have an alleged agreement with a bank for a loan for which I sent off a CCA request in 2006. The bank responded after the timescale with an incorrect agreement (for a lower amount which was cancelled and incorporated into a larger amount before the funds were cleared). They eventually sent a copy of the agreement for the larger amount but did not include the cancellation rights. Despite my attempts to get them to send the cancellation rights (including sending a S.A.R - (Subject Access Request)), they have given me no copy of these rights (mentioned in the agreement) or any evidence that they sent them to me. There were 2 agreements (1 cancelled by the second) and one was actually signed when a member of staff visited me at my place of work. I cannot recall which agreement was signed on the bank premises and which was not - I seem to recall that this has some bearing on the bank's obligations.

My question is this: on these grounds can I, if they send the cancellation rights, cancel the agreement and repay the initial amount borrowed minus any payments made (but not including any interest or charges). I think I may have read somewhere that someone has done this, but I think I may also have read that there is a time limit. I would be grateful of any advice anyone can give or if you can point me in the right direction to find out for mself that would be greatly appreciated.

My complaint really is that I was given no opportunity to asses whether I could afford the increased monthy repayments or to extend the payment holiday. I also do not believe I was given a copy of the agreement at the time of signing although I do not have any evidence of this. I really want to point out to the bank that their irresponsible actions in not giving me these opportunities to asses the situation are indicative of their general failings and I would like them to receive a shock which they would learn from. To this end, I would ideally like to show them that they have no right to any repayment from me. Should it be necessary however, I would of course repay the initial amount as mentioned above.

This has dragged on for far too long now and has been passed on to a dca so I would really like to get this cleared up as soon as possible.

 

I would be most grateful if anyone can give me any help with this. If it's easier and offers less distraction from this topic, please feel free to respond by PM or in my thread Suspect I have no loan agrrement