Cap1 & CCA return

[JonCris]

Follow the advice already given...........Not only are they well out of time they haven't complied with your request

 

My God! I despair of TS

[maybelline]

do we all know Watchdog on bbc1 is discussing How banks prevent you from claiming your charges and how they treat you after you do?

[elizabeth1]

Send them a letter and tell them that as they haven't complied you are starting court action for them produce the everything in Court. Actually Crap One are snowed under and are not able to handle the volume of requests. I had letter from them today virtually throwing their hands up and saying they can't do anymore. What we have done is beyond their capabilities and training, they never expected this. just keep writing to them and keep the pressure on them, this is what I am doing. Time is still ticking down on Crap One and MBNA over the Section 85's. Roll on 26 February and I am filing in court for default

 

 

I AM SURE THIS IS THE SAME IN MOST OF THESE COMPANIES RIGHT NOW - THEY SIMPLY WOULDN'T HAVE EXPECTED THIS WOULD THEY?? i JUST CAUGHT THE END OF WATCHDOG ON BBC and some fella was saying the FOS are getting over 1000 complaints a day - and they are now telling Banks not to cloase people accounts etc.. seems some big ripples going on in these companies??

[millymollymoo]

Hi I have two CCA deadlines passed. Capital One and they have cashed the cheque:mad: and Goldfish who incidentally sent aletter confirming that they would send my CCA by agreed date. Can you suggest what I need to do now?

 

Milly X

[Seahorse]

It was done to lighten matters Methinks you go to far karnevil I have reason to believe that such action might drive members away

 

Naw, it won't. Not if folks understand that the MIB can use stuff like that to have this site shut down.

 

Seahorse

[smartmartian10]

It is done. I have read the entire thread from start to finish. Well worth 3 weeks (nearly) of train journeys home.

 

Anyway to business - I wrote to Egg on the 1st Feb (2 letters) to request a copy of the Credit Agreement for my VISA card and Loan account. By my count they had until today to reply, inside 12 days, they both hit the doormat this morning.

 

Both are:

 

1 Signed by myself and EGG individuals, one is from March 2001 the other May 2003.

2 Headed agreement not applications

3 State regulated by Consumer Credit Act 1974

4 My address and their address are stated

5 Both mention credit limit or amount of advance

6 Both have the interest stated

7 Both signature boxes mention CCA 1974 - sign only if you wish to bound etc etc

8 Both mention cancellation rights

 

Thats the bad news.

 

Good news (I think) is both agreements mention terms and conditions that are not enclosed! The VISA card paperwork from March 2001 is a very poor copy, looks like it came off a microfilm, it is illegible in serveral places.

 

Can I write back, thanks but you failed in very non-specific terms?

[joneshousehold]

Can I belatedly make a comment about the writing off of debts by the banks. This is an accounting matter. The debt sits in the balance sheet of the bank's accounts as an asset (It's a statement that says this person owes me (the bank) money and when I get it the money will be in my bank account). If they then sell that debt for 15p in the £ they are no longer going to get the remaining 85p in the £. If they don't make an adjustment to reduce profit by the 85p in the £ the accounts won't balance. So what they do is 'write off' the 85p. They are not saying the debt no longer exists just they they no longer own it. As they failed to recover the full amount for it the balance has to be written off.

 

OK - off to the bar now. Try not to get in trouble again whilst I am away or if you do, then make sure it is at a late enough time that I can read it before the mods come and remove it as I didn't get the chance to smile at your wit!

[humbleman]

hi

Recently sent a CCA req. to HFC, last day today got a letter stating

 

sorry for the delay, as req. pleae find enclosed copy of legal agreement for this account. We note that the copy is not too clear, since we had to obtain this form our Archives as a/c opened in 1998.

 

We also return your cheque for £1 as there is no charge for this service.

 

There was a 1 page copy with this letter apart from my writing (like name address employer tel. no. etc)and signatures and dates, 95% of the pre-printed stuff is illegible. No T&C, no interest rates. at the top of this paper I can just about make out credit agreement regulated by cca 1974 but half of it is missing.

 

Any comments whether this is acceptable.

[smartmartian10]

LOL Humbleman if mine from EGG proves not to be acceptable, yours has no chance! No doubt some of the regulars will reply when they are able, to both of us.

[FANTASY CHARGES]

It is done. I have read the entire thread from start to finish. Well worth 3 weeks (nearly) of train journeys home.

 

Anyway to business - I wrote to Egg on the 1st Feb (2 letters) to request a copy of the Credit Agreement for my VISA card and Loan account. By my count they had until today to reply, inside 12 days, they both hit the doormat this morning.

 

Both are:

 

1 Signed by myself and EGG individuals, one is from March 2001 the other May 2003.

2 Headed agreement not applications

3 State regulated by Consumer Credit Act 1974

4 My address and their address are stated

5 Both mention credit limit or amount of advance

6 Both have the interest stated

7 Both signature boxes mention CCA 1974 - sign only if you wish to bound etc etc

8 Both mention cancellation rights

 

Thats the bad news.

 

Good news (I think) is both agreements mention terms and conditions that are not enclosed! The VISA card paperwork from March 2001 is a very poor copy, looks like it came off a microfilm, it is illegible in serveral places.

 

Can I write back, thanks but you failed in very non-specific terms?

REMEMBER....

 

ASK YOURSELF WHY they put the thing on microfilm microfiche or whatever SO THEY COULD THROW THE PAPERWORK AWAY !

so that's why they can't produce the back !! they never anticipated this and have probably ended up with EGG on their face - even if they did save the paperwork i bet it is filed randomly

 

think how tall the pile of application forms would be if kept

from 2001 !!

[smartmartian10]

Fantasy - in fairness to EGG both documents refer to terms and conditions that were previously forwarded (in 2001 and 2003). Neither says they are on the back or reverse.

 

But neither were forwarded with the copy.

 

I am currently copying and editing Fullyskints letter on post #1624 back on 30th January 2007.

[tamadus]

Congratulations srmjmm10 143 pages is no mean feat

 

Onto the subject of copy agreements. These should be legible, if only that you can be sure it's what you signed and that all the terms are in there.

[angry cat]

Can we discuss the possibility that as the executed agreement states you never had a credit limit, that there also was no agreement to borrow any money? Surely this letter is sooo full of MBNAesque errors that something can be done to tell them to set the balance to zero? Could you even get all of the interest payments you have made refunded? thus along with the PPI refunds, see if they balance the whole thing to zero?

 

Anyway, still no agreement, no payments required without a court order, this seems to me to not be an executed agreement so it's all back to square one isn't it?

 

Angry Cat, you've known for ages that they couldn't go after you for this account haven't you!

 

Hi Guys and thanks for your views!

 

To be frank, I am actually quite astonished by the letter from MS

 

As previously stated, I opened my account in 2000 and always kept my account in good order. Unfortunately, I became ill in 2002 (an illness that became long term) and had to make a claim on my PPI, my insurance claim was accepted but the insurer was often late paying, therefore I incurred many Unlawful charges.

The insurance cover ran out and I was left with the massive debt which is made up of PPI premiums (that I cannot claim on again due to Exclusions) and interest.

 

My illness is now long term, however in Feb 2006 I joined the BAG/CAG and started the process of re-claiming my charges plus interest, of which I was successful. It was in or around June 2006 that my suspicions were alerted when I received the MS Defence which said that they were trying to find my Agreement, so I made my CCA 1974 request 2 July 2006.

 

I would emphasise, that my card has not been used since 2002 and my credit file states U (unused) since 2002. Basically I dispute the value of the debt anyway because it is made up of PPI premiums that I continued to pay all through my insurance claim plus the ever increasing interest, compounded daily! and I continued to pay right up to just prior to making my claim for the return of charges 2006. But I cannot make another PPI claim on the insurance because I have not returned to work "Exclusions".

 

So there we have it, my rambling saga...can you imagine how irritated I am with MS, they clearly cannot provide the Agreement, TS are investigating their breach (Criminal Offence) of the CCA 1974, but they still harp on about how much money I owe them.

 

I have a similar situation with MBNA

 

Grrrrr

 

I will update once I have spoken to TS

 

Love AC

[TANZARELLI]

Send them a letter and tell them that as they haven't complied you are starting court action for them produce the everything in Court. Actually Crap One are snowed under and are not able to handle the volume of requests. I had letter from them today virtually throwing their hands up and saying they can't do anymore. What we have done is beyond their capabilities and training, they never expected this. just keep writing to them and keep the pressure on them, this is what I am doing. Time is still ticking down on Crap One and MBNA over the Section 85's. Roll on 26 February and I am filing in court for default

 

Hi axe any thoughts on the wording??

[un1boy]

Follow the advice already given...........Not only are they well out of time they haven't complied with your request

 

My God! I despair of TS

 

I have contacted Trading Standards to let them know that the bank have not sent me the terms etc within the prescribed time and also that the agreement does not contain the relevant prescribed terms.....therfore they have commited a criminal offence and the agreement cannot be enforced.......I wanted an update becasue they have had my case for about 6 weeks now and I've heard nothing.

 

He asked me if I am saying that the debt exists or not, to which I replied that is not a conversation I am having with him, I want them to take against agaisnt the bank's criminality....he told me that they look at the whole picture, and not just the fact they have commited an offence!!

 

What is all that about?

 

Imaigine if the Police took that view:

 

Police: " I am arresting you for burglary"

Thief: "Please Sir, no, it's just I don't have money, I'm homeless and can't be bothered to work....I just wanted to get some things so I could buy them to get some mone to eat"

Police: "Oh, ok then mister, off you go"

 

What is the point of them commiting a criminal offence if trading standards will let them get away with it?

[un1boy]

do we all know Watchdog on bbc1 is discussing How banks prevent you from claiming your charges and how they treat you after you do?

 

Yes Maybelline - I've had a reasearcher call me and I believe Batltleaxe has too - I don't know if anyone else has though...

[Going My Way]

ALLIANCE & LEICESTER BOSS STEPS DOWN AFTER 5 YEARS IN CHARGE.

 

 

Sky News: A&L Add To Bank Success

 

 

Not that anyone will be bothered about it. It just seems strange. Especially what is going on with banks at the moment. Click link to read his reasons.

[Guest The Terminator]

ALLIANCE & LEICESTER BOSS STEPS DOWN AFTER 5 YEARS IN CHARGE.

 

 

Sky News: A&L Add To Bank Success

 

 

Not that anyone will be bothered about it. It just seems strange. Especially what is going on with banks at the moment. Click link to read his reasons.

 

As their headhunting for a new CEO I wonder if Terminators name is in the frame:D

[Going My Way]

As their headhunting for a new CEO I wonder if Terminators name is in the frame:D

 

 

Does CEO stand for Charging Extra Overthetop?

[un1boy]

What is everyone's experience of the banks closing accounts after not being able t supply agreements under sec 78?

 

Also, any idea where I can find a list of prescribed terms that are meant to be on the sig box? My old bank have been processing my data since Aug 2006 even though the agreement sent had no terms with it and has nothing about the interest or loan (credit card balance) amount, or any other terms or conditions on it - I;m getting really sick of them not removing my data, although I have had an email from Experian saying that they have said the info is still correct, so if it goes to court I have thme admitting to commiting a criminal offence, hehe!!!

 

I just want my defaults removed - although I could go for everything ever paid, plus al the interest which would make me a very rich boy indeed, I only want a bit for the stress caused and also all info removed from my file....

[ladybird17]

Hi all CCA posters - I am just posting to re-subscribe - had problems with editing my options on the site, and the only way it could be resolved was to wipe out all my subscribed threads, so just wanted to get back on again! Note there are a few pages for me to catch up with, and have had a reply to one of my CCA requests to day, which I need to discuss, but just got home after 3 days away, and pooped. Hope to resume normal service tomorrow!

[m55dlc]

MBNA are beginning to get my goat. I receive a s87 DPA1998 default notice (incorrect & illegal) which prompts me to read the CCA thread on the 27th January. I fire off S.A.R - (Subject Access Request) & s78 requests and a s85 default on the 29th January, all stating no contact by phone. I receive a copy of the application form I signed, not executed and not with all the prescribed terms - so I send it back saying 'wrong!'. I have two messages on my answerphone stating 'I know you don't want to be contacted by phone, but call me now on ###' (which beggars belief). They don't send me my s10.2 (I think it's 2 - the bit about sending notice within 21 days of a SAR) but I do get a letter stating my account will be defaulted and will be sold, and a statement asking for money, also saying my account will be defaulted and later sold (showing a credit of £1, which was my s78 fee!). I send them a letter stating their 12 working days are up and are therefore in default of my s78 request and then I receive a text message, and I quote 'Hi, it's Alex, give me a call on 01244672124, it is important I speak to you today'. OK, so I give them a call, and the standard operator with an Irish accent starts into the standard MBNA blurb, which I stop and in no uncertain terms tell her that she'd better read the screen notes, especially regarding recent correspondence from me before she later says something which could land her with a £2.5k fine and / or 3 months in prison. Understandably she passed me to a manager, who I berate for 20 minutes quoting most (but not all) of their legal shortcomings. Anyway, he offers a settlement where I pay 40% of the outstanding balance and they wipe the slate clean - attempts a little bit of pressure and mentions an I & E, at which point I state they don't have an executed agreement so the agreement is unenforceable anyway, and if they argue that the agreement is valid, it falls foul of the Data Protection Act (and wouldn't stand anyway) so tough..........

 

I'm off to think about a measured response, they can sweat, but this would mean (through the charges refunded already and current charges and compound interest on charges etc and s85) my original (wholly artificially inflated by MBNA practices) debt would be changed from circa £6k down to £1525.

 

I'm sensing I like a figure of around about £390 better, and that would be on the proviso that ALL adverse CRA entries are resolved ('cos I could say jump, but then I'd have a CRA fight on my hands to clear my record).

 

What do you all think?

[Seahorse]

My own opinion? Having a CRA fight on your hands isn't always a bad thing. If you can hit the CRA's with non compliance with the Data Protection Act and are prepared to follow through, it could be all the entertainment you need for the next few weeks. I know I certainly won't be watching the telly for the forseeable.

 

Of course, that's just my tuppenyworth. Not worth the paper it's written on. A bit like the letters the DCAs send out threatening legal action.

 

Seahorse

[rippedoffagain]

700 new members today, up to press.

 

Update 10:05

 

738 new members, 38 in one hour

[elizabeth1]

700 new members today, up to press.

 

 

I am sure there are plenty more to come here too!!!!

 

It's really nice to see people coming here and rising against these Banks and CC COMPANIES!!!