Cap1 & CCA return

[Guest The Terminator]

Right, I've got an application form style agreement, filled in in a shop, with a bad copy of a faxed microfiche. This is not an executed agreement. How am I going to convice a judge that this does not constitute what is required under s78. The DCA is progressing this....

 

The signature of the person executing the agreement is the same as the person who authorised the 'in store credit' of £130.00 There is a statement above the signature box headed Instant Credit that states 'your right to cancel in the box below will not apply to this agreement'. The cancellation box states 'once you have signed this agreement you will have for a short period of time a right to cancel it. Exact details of how and when you can cancel it will be sent to you by post by us.

 

Is it cancellable or not? Doesn't this indicate that the application is not guaranteed and therefore the issue of card is not certain? It also goes on to state that 'if you do receive a card from us this agreement shall continue from the date shown on your card carrier.'

 

The dates on this then are irrelevant are they not? If the agreement continues from the date on the card carrier, is that not the date the agreement started then, by all accounts?

 

How does this instant credit stuff affect the agreement / application arguement?

 

Does it say anywhere regulated by the Consumer Credit Act(1974).If it doesn't your home and dry.

[m55dlc]

Does it say anywhere regulated by the Consumer Credit Act(1974).If it doesn't your home and dry.

 

It does, but not on the page where you sign it. The signature page does not contain ANY personally identifiable info other than my wifes signature (no acc no's, anything). It could be for any agreement or any product whatsoever.

 

The form is executed, but that is for the instant credit and not for the credit account. The instant credit is allegedly not cancellable, but there is a statement under the sig box stating cancellable status.

 

The instant credit is guaranteed by giving a debit card number on the original.

 

I'm going to have to stand up in court and argue that this is not an agreement, it is merely an application form. I'm going to need to go into s63.4, s85 et al to beat this one.

[Guest The Terminator]

It does, but not on the page where you sign it. The signature page does not contain ANY personally identifiable info other than my wifes signature (no acc no's, anything). It could be for any agreement or any product whatsoever.

 

The form is executed, but that is for the instant credit and not for the credit account. The instant credit is allegedly not cancellable, but there is a statement under the sig box stating cancellable status.

 

The instant credit is guaranteed by giving a debit card number on the original.

 

I'm going to have to stand up in court and argue that this is not an agreement, it is merely an application form. I'm going to need to go into s63.4, s85 et al to beat this one.

 

Could you email or pm me with a copy including the T&C and I will look it over for you.

[un1boy]

What's a DL an WW? lol

[Seahorse]

Wake up!! We've established the DL, and found out there are two WW's.

[un1boy]

Wake up!! We've established the DL, and found out there are two WW's.

 

Sorry, I posted before reading the rest of the posts, lol

[zubo]

Wake up!! We've established the DL, and found out there are two WW's.

 

i am awake...

 

where??? pm me if you wish...

[FANTASY CHARGES]

Could you email or pm me with a copy including the T&C and I will look it over for you.

YES we are all looking forward to seeing this example !!!!! (nudge nudge wink wink !!!)

[m55dlc]

I'll post it out later tonight. I've got Terms email, but if anyone else wants to take a peek (and they are sending me a better copy later apparently) PM me with your email address.

 

I've decided how I'm going to play this, I'm going after GE Cap under s63.4 and s85, followed by an application for a stay on the DCA stuff until there is an outcome with GE Cap. In the mean time, I'm going after the DCA for s78 breach and DPA breach.

 

Got to get the kids in bed before I do anything though, and I'm starving!

[Cornucopia]

I'll post it out later tonight. I've got Terms email, but if anyone else wants to take a peek (and they are sending me a better copy later apparently) PM me with your email address.

 

I've decided how I'm going to play this, I'm going after GE Cap under s63.4 and s85, followed by an application for a stay on the DCA stuff until there is an outcome with GE Cap. In the mean time, I'm going after the DCA for s78 breach and DPA breach.

 

Got to get the kids in bed before I do anything though, and I'm starving!

 

M! Have I got to chase you round the threads???!!!! LOL! I am going to PM you, perhaps you'd have a look after dinner and kids!!

[FANTASY CHARGES]

30th November 2006, 19:40 #734 (permalink) The Terminator vbmenu_register("postmenu_405171", true);

Gold Account Customer

 

Join Date: Sep 2006

Location: Cyborg City near Barnehurst,Kent

Posts: 707

 

 

Re: Consumer Credit Act Agreements

Statutory Instrument Practice

 

Statutory Instruments (SIs) are the commonest form of subordinate legislation (also known as secondary or delegated legislation). They are made by or under powers conferred by or under statute on Her Majesty in Council or on a Minister, the National Assembly for Wales or other body or person, and provide the detailed regulations which implement Acts of Parliament. As such they must always be intra vires, that is, they must be within the scope of the enabling power in the parent Act.

 

 

 

JUST TO REMIND EVERYONE WHAT TERMINATOR SAID IN NOVE

[m55dlc]

Any thoughts on the legibility issue with regards to timescales?

[InKogneeToh]

Sorry: Wrong section of the Act it should be:Part 10 S248 - S272

 

Ah!, right I get it now - mass insolvency!!

 

If it was feasible and practical for enough people to take this course it would indeed be great fun to watch the vultures starve!

 

Regards, Pam

[JonCris]

Agreed but if enough consumers did this, this shower of a government would simply move the gaol posts to protect their friends in big business

[m55dlc]

With respect to CL and the agreement I've given to a couple of people, do you think it is better that I send a s85 to CL (by changing my defence) or should I send it to GE (and go for a stay against CL) or should I do both. We're talking about 1993 here, so even if I surmise the card would have been replaced by the end of 1996, we're still talking 10 years of interest. This would wipe out the current balance about 4 times over!

 

In the defence I've already got about £500 in charges to come off. Are CL likely to go into court and discuss the charges issue? How do you think they would contend with the s85 defence? Things are pressing now as I've only got 10 days to file the AQ.

 

Oh, just a thought, the application form states the date of the agreement will change, and the cooling off period means that the signature added to the application form by the sales rep is for the instant credit, not for the card and real credit. The card issuer hasn't decided that a card is inevitable, therefore the signature by the sales assistant is persuant to the imediate credit and cannot be for the actual store card.

 

The card has not been executed at this point as the card agreement date is after the application date. Does anyone else who as seen it have any further comment?

 

Oh, and what form do I file to change my defence? I'm going to scare them a little by adding s85 to it. Should I do this sooner rather than later, or should I stay to the getting GE Cap to recall the debt as there is no debt due to the s85 default that occurred at least 10 years ago.....

 

I'm not nervous really.......

[Cristal]

Fascinating thread....I'm trying to determine the vaiidity of an application form as an 'executed agreement'. It's from Amex, it's my application form, w/very fine print describing the CCA 1974, signed by me but NOT by 'authorised by Amex' signature.....I apologise if I've missed the definition on this thread. It doesn't look right to me. Amex aslo enclosed a 13 page T&C, unsigned. Am exhausted!

[Guest Battleaxe]

M55,

 

I would throw in Sec 85 as a curve ball. Something they wont really be expecting. It will be interesting to see how they respond.

[m55dlc]

I'm going to, but should I send it to the Creditor (and get a stay against the DCA), to the DCA or to both. Oh, and what do I do with charges? Is the DCA going to enter the court room and discuss charges? Has anyone had any experience on that side?

 

Oh, and I need to contact the ICO, TS and OFT regards breaches of DPA 40 days and s78 12+31 days. The AQ needs to be filled in by the 15th

[Guest Battleaxe]

M55

 

Send it to the creditor cc'd to the DCA, iwth cc's to ICO TS and OFT, just to ginger things up. I have found by sending cc's to the stat authorities puts the creditor on alert.

 

Get those notifications of breaches in ASAP, so at least you might have a response back by the 15th stating they are going to investigate and this can also be added to the AQ

[m55dlc]

Right, will get breaches in the post today. Do you have any specific addresses for the stat authorities, or do I need to look for them (and potentially send them to the gardening department or something!)

 

What are the chances of getting a stay from the case brought about by the DCA as I'll be taking the CCP to court, questioning the balance and their ability to sell the debt in the first place?

 

Does anyone have any thoughts on this?

[Guest Battleaxe]

M55,

 

I can only go the experience of the Court last Monday. the Judge is letting the defendant redo her defence becausae of the Section 85 and the DCA had no option other than to agree, because we reaised Section 85 and the legality of sell the debt while it was in default. This is why You have to let the DCA know what you are doing. Why don't you write to the Court, and cc the DCA in on this letter also.

 

Look up the addys on the web sites of the stat authorities. You can lodge the complaints on line.

[Guest Battleaxe]

Letter this morning from Crap One, they can no longer help and telling me to go the FOS.

 

They have completely ignored the Section 85 default notice served on them and then in the letter I wrote back raising the Section 85, they have not made any comment expect to say Refer to Credit Agreement and Terms and Conditions.

 

Hey Ho, looks like a those CCJ's are going to be served on Capital One.

Anothr letter will be winging it's way back eminding that while they are in default they cannot enforce anything on either account.

 

Oh yes the letter has been signed by that very busy computer enitity Mr Robert Uddy

[m55dlc]

Right..

 

I've filled in the online form on the ICO website, and all was going well until:

 

1) I phoned the OFT. They said put it in writing, but then told me to call...

2) The Consumer Credit Councilling Service, who told me to call...

3) Community Legal Services, who told me to call...

4) The Financial Ombudsman, who told me to call...

5) The Finance and Leasing Association, who told me to call...

6) The OFT.

 

Anybody else got similar responses from these guys?

[FANTASY CHARGES]

HEY WILLOWB NEEDS YOUR OPINIONS ON AN APPLICATION

FORM SO COME ON TERMINATOR ETC

 

HERE IS THE LINK (TO KEEP HIJACKING TO A MINIMUM)

http://www.consumeractiongroup.co.uk/forum/general-debt/61298-willowb-rbs-mint-cca.html#post618193

[Guest The Terminator]

HEY WILLOWB NEEDS YOUR OPINIONS ON AN APPLICATION

FORM SO COME ON TERMINATOR ETC

 

HERE IS THE LINK (TO KEEP HIJACKING TO A MINIMUM)

http://www.consumeractiongroup.co.uk/forum/general-debt/61298-willowb-rbs-mint-cca.html#post618193

That is exactly what it is an application form not an executed agreement.Not only that but whoever wrote across the T&C has invalidated it as the T&C are now not illigable.And another thing what if the card had been declined they would be processing your data which as you know is against the law without your permission.