Cap1 & CCA return

[meagain]

So, almost 200 pages in, where are we? S78 compliance, S85 cases, other random aspects and modifications, etc. I'm not digging through 200 pages for it, and I doubt anyone else will, so I ask that someone that has been following things come up with a reasonable summary.

[Joa]

hear hear

[zubo]

So, almost 200 pages in, where are we? S78 compliance, S85 cases, other random aspects and modifications, etc. I'm not digging through 200 pages for it, and I doubt anyone else will, so I ask that someone that has been following things come up with a reasonable summary.

 

why?

 

quite often the journey is much better than the picture at the end...

 

yeah.... I know.... time is short.

 

The real problem is that there is no summary. If you need a summary go read, digest and understand CCA 1974, and even then some aspects modified.

 

The answer to everyones questions will be somewhere in this thread. We seem to have agreement on most interpretations with the possible exception of Default Removals and rights under DPA. So that would be my answer to a summary, go read it - its here.

 

imho we could possibly do with another thread showing progress on S77-79 requests, those failing, followup actions etcetc and another on S85.

 

but what do i know???

exactly same as you - probably less ...:D:D:D

[meagain]

why?

 

Because I would like to find out before the turn of the next century

 

The real problem is that there is no summary. If you need a summary go read, digest and understand CCA 1974, and even then some aspects modified.

 

The entire point of this thread was the perceived ambiguities in the Act. Re-reading the Act will not help.

 

The answer to everyones questions will be somewhere in this thread. We seem to have agreement on most interpretations with the possible exception of Default Removals and rights under DPA. So that would be my answer to a summary, go read it - its here.

 

Someone having difficulty with the word "summary", I see ...

[InKogneeToh]

Hi

 

We could do a summary of this thread BUT we would still only be summarising our beliefs!

 

Until any of this gets to court or is determined by the OFT/FOS/ICO then it is just a set of opinions (albeit in agreement on various issues).

 

So even if you read the entire thread or have it summarised for you, you still won't KNOW anything for sure!

 

Regards, Pam

[FANTASY CHARGES]

Because I would like to find out before the turn of the next century

 

 

 

The entire point of this thread was the perceived ambiguities in the Act. Re-reading the Act will not help.

 

 

 

Someone having difficulty with the word "summary", I see ...

 

 

Consumer Action Group Statistics Threads: 65,600, Posts: 616,355, Members: 122,832

 

 

 

there are 65,600 threads on this site almost "Bayeauxesque" proportions

so if the kitchen is "too hot " leave the kitchen but it is "COLD" at home !

[zubo]

Hi

 

We could do a summary of this thread BUT we would still only be summarising our beliefs!

 

Until any of this gets to court or is determined by the OFT/FOS/ICO then it is just a set of opinions (albeit in agreement on various issues).

 

So even if you read the entire thread or have it summarised for you, you still won't KNOW anything for sure!

 

Regards, Pam

 

thanks Pam, concise and to the point.

 

Meagain - summary I tend to reserve for the day job as I also do with sarcasm which I reserve for my enemies, this website is intended for like minded folk who tolerate each others foibles.

[m55dlc]

OMG we've got a Friday arguement brewing - I'm staying out of it!

[Guest Battleaxe]

Ok, I am going to lighten the tension.

 

What does anyone about aliases being recorded on your credit file? I have two, both corruptions of my married name and my maiden name and NEVER been known by either. i have written to the bank which recorded these on my files and am waiting for answer.

 

Any thoughts?

[The Lantana]

Thank you Battleaxe...

 

We'll the Bank's will have to justify the aliases, but I'm not sure how they can given what you've said. Has the ICO a view?

 

Regards

 

Lantana

[m55dlc]

Do the aliases contain other 'opinions' other than being just an alias? Do they come up as aliases or separate entities (hard for you to ascertain, I know). Remember that your name isn't personal data, but an alias is arguably personal data (an opinion, if you will) linked to your name. If they don't have a satisfactory answer, I recon a nod to the ICO is in order (but you already knew that, didn't you?)

[Peterbard]

Hi

Only heard the last bit . If your having a problem with the cca just ask me i know everything.

Nearly as much as pam

(Just added that last bit in case she was watching.Doesn't know half as much as me really)

Peter

[m55dlc]

Three..........

[Peterbard]

Ok, I am going to lighten the tension.

 

What does anyone about aliases being recorded on your credit file? I have two, both corruptions of my married name and my maiden name and NEVER been known by either. i have written to the bank which recorded these on my files and am waiting for answer.

 

Any thoughts?

Hi BA

 

There is a space on the report you get online for aliases/previous names.

Weren't you born Battleaxe then?:o

[zubo]

Three..........

 

ok, give up... the answer is?

[m55dlc]

ok, give up... the answer is?

 

 

I was counting down to 200 pages!!!

[Smoothy]

And you did it....bang on target!!

[zubo]

And you did it....bang on target!!

 

happy birthday to you, happy birthday to you... happy birthday dear CCA thread, happy 200th birthday to you.

[Smoothy]

All together..

HIP HIP

[MoonHawk]

Hooray!

 

Well I have now received my response from Barclaycard saying:

 

Please find listed below the information required:

a) A copy of you (their mistake not mine) Barclaycard Conditions Credit Agreement regulated by the Consumer Credit Act 1974 (Terms and Consitions to You and I)

b) A copy of your signed application agreement.

c) The blance on your account is £XXXX. Your `credit limit at the time of closure is £XXXX

d) The total payment due on the XXXX is £XXX of which £XXX is due immediately.

 

We trust the above is sufficient for your purpose. However, please let us know if you require any further assistance in this matter.

 

What I received with the letter was the T&C (No date or reference on it to verify) and a poor copy of a document which:

1) Is headed "Barclaycard Pre approved Application"

2) Has my name and address and details (legible)

3) Has my wife's and my signature (legible)

4) Has NO OTHER signature - not theirs or an agent (I know it's an application form anyway, but thought I mention it as I am going to in my letter to them)

5) Has loads if text that is not legible. The only other thing just about readable is above my signature saying "Credit Agreement regulated .. etc etc" But I can only read it because I know what it should be.

 

Interesting also that in their letter they refer to it a "signed application agreement" and not a credit agreement.

 

Anyway off to write my "what planet are you on" letter to them

 

Best Wishes

MoonHawk

[meagain]

It's sub-threads like this polluting the thread that makes it so damn hard to read. Go! Summary! Now! At least let us see that someone's done something in the last 100 pages or so

[Guest Battleaxe]

Nah not born Battleaxe, wanted to be Dragonlady when I signed up to CAG but that name had gone.

 

I sent off for my credit reports and the aliases are listed as S1 and S2 and notified by Abbey. This is why I started to scratch my head.

 

Even my full maiden doesn't show up. Well I haven't been known by maiden name since I was 18.5 years old, so it is of no relevance to any one here in England except Immigration and HM Customs. My professional name is my second marriage name and that doesn't apply either, as all my qualifications are in that name.

 

I am waiting to see what Abbey come back with before I do a full complaint to the iCO.

[Guest Battleaxe]

Peter,

 

Are you being very brave or stupid. You know Pam will make mincemeat of you

[Smoothy]

Summary: ok ill try..

 

 

In summarising this thread, we need to take into account all responses to CCA requests and s85 and sar requests. Also the debate surrounding each point argued in the CCA.

The results tend to be one of, does it constitute compliance or/and is it lawful/legal.

Each person has their own take on the subject and their own interpretation of the system at hand. There are SI's and CPR's which make a nightmare in interpreting a solution to questions that each individual is asking, therefore i can only conclude that until such time as a percedent is set for each individual case will the legal/lawful aspect be answered. We can debate until the cows come home and wether we agree with explanations given or not, does not mean that a DJ will see things the same way.

In other words....I give up!!

[meagain]

Summary: ok ill try..

 

 

In summarising this thread, we need to take into account all responses to CCA requests and s85 and sar requests. Also the debate surrounding each point argued in the CCA.

The results tend to be one of, does it constitute compliance or/and is it lawful/legal.

Each person has their own take on the subject and their own interpretation of the system at hand. There are SI's and CPR's which make a nightmare in interpreting a solution to questions that each individual is asking, therefore i can only conclude that until such time as a percedent is set for each individual case will the legal/lawful aspect be answered. We can debate until the cows come home and wether we agree with explanations given or not, does not mean that a DJ will see things the same way.

In other words....I give up!!

 

Why are you still here when you could be making a career for yourself in politics?

 

Or alternatively do I infer that nothing has happened in the last 100 pages other than repeating the same old arguments, and the occasional bit of cross-talk?