Cap1 & CCA return

[TANZARELLI]

I think we are rapidly approaching this as a next step.

 

 

The quote in your post #4376 is basically what I was asking for info on yes. Thanks zubo.

 

I am also aware that others on the site have put claims in using the small claims route and have also added a minimal monetary amount in to avoid the larger fee.

 

I wanted to have clear wording for a letter I am drafting for Cr@p one that was all, have attempted to knock one up in here: http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html post #327 if anyone wishes to add any constructive suggestion to the content then I would be most grateful as Cr@p One are dragging heals on my default removal claim and I want to arm myself with fact not knocking up without the knowledge.

 

Thanks

 

Sorry about the rant, better out than in though. lol.

 

Tanz

[FANTASY CHARGES]

Hi

 

I would also be interested in the source of this information. What case law or legislation states that a creditor may not profit when in default?

 

Regards, Pam

 

 

pam i searched this thread with a touthcomb looking for provenance for "not charging interest " "making no payments " whilst in default

 

and could not find any law etc w

 

i must assume it came from post 106

 

" I agree with you Tam, under common law you are not allowed to profit from an illegal act, therefore not only the interest and charges aimed at the cardholder are illegal but also the commision they charge retailers. "

 

 

#106 (permalink) Mike220359 vbmenu_register("postmenu_274572", true);

Classic Account Customer

 

Re: Consumer Credit Act Agreements

I agree with you Tam, under common law you are not allowed to profit from an illegal act, therefore not only the interest and charges aimed at the cardholder are illegal but also the commision they charge retailers. I also agree with your standpoint on the amount borrowed, if that was borrowed in good faith it would be immoral for you to claim that money back. Indeed the three claims that I have sent in only claim the interest on the cards, (and charges)

 

I haven't claimed the commision charges that are used when you use them as a cash card either, that was my choice.

 

As regards the limitations act that's a difficult one, my gut feeling is that it doesn't apply to this because of the illegality aspect, remember unlike unfair charges, section 85 is an out and out law. I'm going to do some more work on theis one.

 

Mike

[Guest The Terminator]

The second signature box is for PPI, Term.

 

Regards

 

Lantana

 

Thanks I thought I was seeing double:D

[InKogneeToh]

 

I wanted to have clear wording for a letter I am drafting for Cr@p one that was all, have attempted to knock one up in here: http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html post #327 if anyone wishes to add any constructive suggestion to the content then I would be most grateful as Cr@p One are dragging heals on my default removal claim and I want to arm myself with fact not knocking up without the knowledge.

 

 

Tanz

 

Hi Tanz

 

Have read your letter and it looks fine to me.

 

Regards, Pam

[InKogneeToh]

pam i searched this thread with a touthcomb looking for provenance for "not charging interest " "making no payments " whilst in default

 

and could not find any law etc w

 

i must assume it came from post 106

 

" I agree with you Tam, under common law you are not allowed to profit from an illegal act, therefore not only the interest and charges aimed at the cardholder are illegal but also the commision they charge retailers. "

 

 

#106 (permalink) Mike220359 vbmenu_register("postmenu_274572", true);

Classic Account Customer

 

 

Re: Consumer Credit Act Agreements

I agree with you Tam, under common law you are not allowed to profit from an illegal act, therefore not only the interest and charges aimed at the cardholder are illegal but also the commision they charge retailers. I also agree with your standpoint on the amount borrowed, if that was borrowed in good faith it would be immoral for you to claim that money back. Indeed the three claims that I have sent in only claim the interest on the cards, (and charges)

 

I haven't claimed the commision charges that are used when you use them as a cash card either, that was my choice.

 

As regards the limitations act that's a difficult one, my gut feeling is that it doesn't apply to this because of the illegality aspect, remember unlike unfair charges, section 85 is an out and out law. I'm going to do some more work on theis one.

 

Mike

 

Okay, thanks for that. we'd better ask Mike for more info. then.

 

 

MIKE!! are you free?

[Guest The Terminator]

The quote in your post #4376 is basically what I was asking for info on yes. Thanks zubo.

 

I am also aware that others on the site have put claims in using the small claims route and have also added a minimal monetary amount in to avoid the larger fee.

 

I wanted to have clear wording for a letter I am drafting for Cr@p one that was all, have attempted to knock one up in here: http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html post #327 if anyone wishes to add any constructive suggestion to the content then I would be most grateful as Cr@p One are dragging heals on my default removal claim and I want to arm myself with fact not knocking up without the knowledge.

 

Thanks

 

Sorry about the rant, better out than in though. lol.

 

Tanz

 

Just read your letter and no problems with it.Although not important when quouting the Act I usually put as amended , eg Consumer Credit Act(1974) as amended looks good for the judge.

[tamadus]

Okay, thanks for that. we'd better ask Mike for more info. then.

 

 

MIKE!! are you free?

 

Nope he charges

[elsinore]

 

subrcribed to this thread now so hopefully i wont have trillions of posts to look through in one go

 

 

Don't kid yourself fet!

 

Ninety+ posts today, so far!:o

 

Els

[The Lantana]

I too have had a gander at your letter Tanz. Style and content is obviously a personal decision. I personally wouldn't put in the stuff about being willing to discuss the matter pre-court at this final stage. You've already been more than reasonable with them.

 

A willingness to discuss these things is implied, and by expressing it openly IMHO suggests weakness, and that you're less confident about the righteousness and outcome of your case.

 

I hope I read the right letter!

 

Regards

 

Lantana

[ian1969uk]

Just a quick question. When the amendments in The Consumer Credit Act 2006 come into force, will they apply to previous agreements or just to agreements made from now on?

[InKogneeToh]

Just a quick question. When the amendments in The Consumer Credit Act 2006 come into force, will they apply to previous agreements or just to agreements made from now on?

 

Hi, and welcome to CAG!

 

The amendments will only apply to agreements made after the changes come into force.

 

Regards, Pam

[meagain]

i.e. - an overdraft does not require a normal regulated agreement and so a CCA s77/78 request would not produce a copy.

 

Ah. In which case, I'm in need of an alternative tactic and sharpish. I'm not up for paying £1000+ purely because my bank didn't want to deal with my charges claim. Have no trouble with the credit card, since I've got outstanding charges that I'm going to leave until they try and take me to court for it. With interest, that almost outweighs the actual balance of the card.

[rosierose]

By my reckoning Barclaycard and LTSB currently owe about 250,000 each in fines and I plan on making sure they pay them on time

 

LOL... We reckon Sainsbury's will owe in the region £1,500,000.00 or perhaps their board should be sent to Devil's Island en masse till 2037.

[paulwlton]

Whilst in Default the Creditor cannot enforce the Agreement ie no applying of interest aswell has ppi and charges. Barclaycard have just refunded my account due to non compliance of sec 78.

 

Paul

[meagain]

LOL... We reckon Sainsbury's will owe in the region £1,500,000.00 or perhaps their board should be sent to Devil's Island en masse till 2037.

 

The offence is in allowing the default to persist for a month, not in trying to enforce the agreement after that time. So, it's £1000 for each individual agreement, and the fine isn't paid to the customer.

 

Just in case anyone starts thinking that they might be personally owed £1000 for every charge, interest, letter, phonecall, etc.

[carderuk]

The offence is in allowing the default to persist for a month, not in trying to enforce the agreement after that time. So, it's £1000 for each individual agreement, and the fine isn't paid to the customer.

 

Just in case anyone starts thinking that they might be personally owed £1000 for every charge, interest, letter, phonecall, etc.

 

 

damm was quids in before you said that:D

[dpick]

Whilst in Default the Creditor cannot enforce the Agreement ie no applying of interest aswell has ppi and charges. Barclaycard have just refunded my account due to non compliance of sec 78.

 

Paul

 

Hi paul can you say what was refunded ie charges, interest or by refunded account do you mean everything bar what you used card for purchases etc, not actual amounts of course. Well done it's good to see someone stick em

 

dpick

[TANZARELLI]

Thanks InKog for looking.

 

Thanks Term will add this point.

 

Ta

 

Tanz

[un1boy]

Ah. In which case, I'm in need of an alternative tactic and sharpish. I'm not up for paying £1000+ purely because my bank didn't want to deal with my charges claim. Have no trouble with the credit card, since I've got outstanding charges that I'm going to leave until they try and take me to court for it. With interest, that almost outweighs the actual balance of the card.

 

But, they are meant to send you a letter stating thae amount of the OD, int rate etc as far as I am aware......

 

Did you receive it?

[un1boy]

damm was quids in before you said that:D

 

fines for criminal offences get paid to the Court (government!)

[meagain]

But, they are meant to send you a letter stating thae amount of the OD, int rate etc as far as I am aware......

 

Did you receive it?

 

In response to the request, you mean, or generally? I don't remember ever getting a letter when the limits were upped (often at my request).

[m55dlc]

fines for criminal offences get paid to the Court (government!)

 

I was aware of that, what the original point was the fines would make them go bankrupt.

 

And it is a fine for letting it go past the calendar month AND for each attempt to collect while in breach (somewhere in the hundreds of the CCA1974)

[m55dlc]

If we bring this to the attention of Gordon Brown he'll jump at the chance to squeeze a few billion more back into the public coffers.... so he can waste them willy nilly on hairbrained schemes that offer little return for great cost.

 

But lets not get onto a political debate here!

[paulwlton]

Hi paul can you say what was refunded ie charges, interest or by refunded account do you mean everything bar what you used card for purchases etc, not actual amounts of course. Well done it's good to see someone stick em

 

dpick

 

After locking horns with Barclays legal department regarding non compliance of sec 78 they refunded late payment charges, over credit limit charges, payment protection and all interest aplied whilst in default under sec 78.

 

The account is still in dispute under sec 85, still waiting for their response on that one,

 

Paul

[un1boy]

I was aware of that, what the original point was the fines would make them go bankrupt.

 

And it is a fine for letting it go past the calendar month AND for each attempt to collect while in breach (somewhere in the hundreds of the CCA1974)

 

Of course, but have we found who prosecutes them them yet?

 

I've been waiting 3 months for a reply from my mp over other things, have my police force looking into and oft and TS don't wanna know!