Cap1 & CCA return

[InKogneeToh]

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.

 

Did your charges claim fail then?

 

Regards, Pam

[paulwlton]

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!

 

Uniboy, the reason TS won't prosecute is that they have a defence this being our request went to the wrong department etc, IMO the only instance that TS would prosecute would be if the finance company having received a s77 78 request wrote back and said sod off i aint complying.

 

 

Paul.

[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

 

Thanks Paul that clears up a lot of thing for me. I am having problems with MBNA re CCA request they even took the $1 fee off my balance so counting down to default and screwing them in the same way they screwed me shame I don't have an office in India to keep ringing them on.

 

Sorry using mates computer does not have GBP sign only $ and he is a yank so uses it all the time.

 

dpick:mad:

[InKogneeToh]

Uniboy, the reason TS won't prosecute is that they have a defence this being our request went to the wrong department etc, IMO the only instance that TS would prosecute would be if the finance company having received a s77 78 request wrote back and said sod off i aint complying.

 

 

Paul.

 

Hi

 

This whole 'criminal offence' thing is a complete farce IMO. TS are the one's who can and should prosecute but they are more interested in how many brussel sprouts we're getting per kilo!!

 

No wonder the credit industry has been fleecing us for years - I guess they have always known the regulatory authorities are impotent!

 

regards, Pam

[Peterbard]

Hi, and welcome to CAG!

 

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

 

Regards, Pam

 

Hi Pam

 

You are quite right if youare just talking about the revokining of section127(3-5) however other changes are retrospective ie 77a have a look in the transisional provisions for a full breakdown..Peter

[un1boy]

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).

 

Oh no, sorry - it was something Pam said earlier in the thread

 

They don't have to respond to the CCA request, but they must send you that doc at the start of the OD and if anythng changes - as far as I understand it...

[rosierose]

Hi

 

This whole 'criminal offence' thing is a complete farce IMO. TS are the one's who can and should prosecute but they are more interested in how many brussel sprouts we're getting per kilo!!

 

No wonder the credit industry has been fleecing us for years - I guess they have always known the regulatory authorities are impotent!

 

regards, Pam

 

Mmm. TS seem to be back-peddling a bit with me on the whole thing

[InKogneeToh]

Mmm. TS seem to be back-peddling a bit with me on the whole thing

 

Hi

 

Perhaps if several members who have the same issues with each particular lender where to coordinate a collective complaint, they might take it more seriously.

 

Regards, Pam

[InKogneeToh]

Hi Pam

 

You are quite right if youare just talking about the revokining of section127(3-5) however other changes are retrospective ie 77a have a look in the transisional provisions for a full breakdown..Peter

 

Hi Peter

 

Yes, quite right, but any retrospective changes are enhancements of the existing rights and protections and so have no adverse effect.

 

Regards, Pam

[FANTASY CHARGES]

URGENT ( i need this information immediately!!)

 

 

please regarding the £10 dsar under the Data protection act 1998

 

can someone please provide a link to the act and quote me what section

 

mentions the DSAR request

 

thanks

[Peterbard]

hi

i am currently trying to get Barclays to release my agreement for a bank ocount with an overdraft.

I am pursuing the belief that even though the overdraft is the only part of the account covered by the cca it forms a multi agreement with the bank account and there fore is sublect to the legislation laid down in the cca

In the mean time i came accross htis in section 74 and would welcome any comments.

 

(4) If any term of an agreement falling within subsection (l )(b) or © or (2) is

expressed in writing, regulations under section 60(1) shall apply to that term

(subject to section 60(3)) as if the agreement were a regulated agreement not falling within subsection (l)(b) or © or (2)

 

Now to me that reads like if there is mention of an overdraft facility on your bank contract the the agreement falls under the cca.

Thoughts

 

Peter

[zubo]

What affect will the OFT report have if thet say that all charges shoudl be capped? can we still claim, or will that be it??

 

un1boy,

 

Bookworm has posted a comprehensive reponse which is bein bumped to retain prominence:

 

essentially no change - OFT can make any report & recommendations - the law remains unchanged. These are still penalty charges and our current procedures for reclaiming remain as is.

 

Z

[Peterbard]

Hi Peter

 

Yes, quite right, but any retrospective changes are enhancements of the existing rights and protections and so have no adverse effect.

 

Regards, Pam

 

Hi

Never said they did Pam

 

peter

[un1boy]

URGENT ( i need this information immediately!!)

 

 

please regarding the £10 dsar under the Data protection act 1998

 

can someone please provide a link to the act and quote me what section

 

mentions the DSAR request

 

thanks

 

It's section 7 of the DPA 1998 - I can't provide a link because I am not at home and it is blocked, sorry..

[joneshousehold]

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

 

I have received a letter from Barclaycard saying something similar but not yet seen a statement with it on. I think this is a massive move towards the card providers accepting the argument that default means no interest etc as well as no default notices, court claims etc. It also shows we were right to get this whole ball (or in fact a series of balls) rolling. Well done Paul.

 

Rather interestingly we have also spoken to MBNA today and they seemed to have little idea of what CCA says BUT the lady we spoke to referred to S85. This in itself is not all that remarkable but for the fact that we haven't mentioned it to them yet. Looks like the penny may be going to drop soon!

[un1boy]

un1boy,

 

Bookworm has posted a comprehensive reponse which is bein bumped to retain prominence:

 

essentially no change - OFT can make any report & recommendations - the law remains unchanged. These are still penalty charges and our current procedures for reclaiming remain as is.

 

Z

 

Thanks for your reply - i'll go find his notice!!

[InKogneeToh]

 

(4) If any term of an agreement falling within subsection (l )(b) or © or (2) is

expressed in writing, regulations under section 60(1) shall apply to that term

(subject to section 60(3)) as if the agreement were a regulated agreement not falling within subsection (l)(b) or © or (2)

 

 

 

Hi

 

The section you are quoting CCA 74(4) does not mention subsection 1(b) (the part about overdrafts):

 

(4) If any term of an agreement falling within subsection (1)© or (2) is expressed in writing, regulations under section 60(1) shall apply to that term (subject to section 60(3)) as if the agreement was a regulated agreement not falling within subsection (1)© or (2).

 

1© is this:

 

© a debtor-creditor agreement to finance the making of such payments arising on, or connected with, the death of a person as may be prescribed.

 

And 2 is this:

 

(2) This Part (except sections 55 and 56) does not apply to a small debtor-creditor-supplier agreement for restricted-use credit.

 

So this is not relevant to overdrafts.

 

Also we have already established that an overdraft is subject to the CCA - except for the form and contents of agreements regs. part, but the current account itself is not.

 

Regards, Pam

[ladybird17]

Hi guys, just returned hom,e, a tad jet lagged, but have a respose to myCCA request from MBNA

Dear Ms. Ladybird,

blah blah, blah, we are very fair blah blah blah.

I note your refenrence to Xection 75 of the CCA and would like to address your concerns. The copy of the credt agreement which you receivd with your credit card actually aerves as your copy of that agreement for the purposes of S85 of the CCA 1974.This is sent to you in the form of a "credit card mailer" and comprises a credit card which is physically attached to the copy of your agreement. You may note that this copy of your credit agreement doe not include a signature by or on behalf of MBNA. The ignature has been deliberately omitted, as MBNA is permitted by law to serve you a copy of your credit agreement without including the sugnatures and certain other specified information. This does not affect the validity of the credit agreement or the copy we have served you.

(and they offered me £86 GWG)

 

Sorry, I'm sure I should know what the step is, but having been bounced back across the Atlantic last night, I'm a bit oozy.........help........please???

[InKogneeToh]

Hi guys, just returned hom,e, a tad jet lagged, but have a respose to myCCA request from MBNA

 

Dear Ms. Ladybird,

 

blah blah, blah, we are very fair blah blah blah.

 

I note your refenrence to Xection 75 of the CCA and would like to address your concerns. The copy of the credt agreement which you receivd with your credit card actually aerves as your copy of that agreement for the purposes of S85 of the CCA 1974.This is sent to you in the form of a "credit card mailer" and comprises a credit card which is physically attached to the copy of your agreement. You may note that this copy of your credit agreement doe not include a signature by or on behalf of MBNA. The ignature has been deliberately omitted, as MBNA is permitted by law to serve you a copy of your credit agreement without including the sugnatures and certain other specified information. This does not affect the validity of the credit agreement or the copy we have served you.

 

(and they offered me £86 GWG)

 

Sorry, I'm sure I should know what the step is, but having been bounced back across the Atlantic last night, I'm a bit oozy.........help........please???

 

Hi

 

Did they make this £86 GWG offer in relation to your s85 letter??

 

Regards, Pam

[un1boy]

Hi

 

The section you are quoting CCA 74(4) does not mention subsection 1(b) (the part about overdrafts):

 

(4) If any term of an agreement falling within subsection (1)© or (2) is expressed in writing, regulations under section 60(1) shall apply to that term (subject to section 60(3)) as if the agreement was a regulated agreement not falling within subsection (1)© or (2).

 

1© is this:

 

© a debtor-creditor agreement to finance the making of such payments arising on, or connected with, the death of a person as may be prescribed.

 

And 2 is this:

 

(2) This Part (except sections 55 and 56) does not apply to a small debtor-creditor-supplier agreement for restricted-use credit.

 

So this is not relevant to overdrafts.

 

Also we have already established that an overdraft is subject to the CCA - except for the form and contents of agreements regs. part, but the current account itself is not.

 

Regards, Pam

 

Pam

 

Can you confirm the information that must be supplied by a lender for an OD?

 

thanks

[ladybird17]

Hi Pam,

no the £86 was in reference to the other blurb about OFT guidelines etc - something I never even mentioned in my letter to them!

[un1boy]

Hi guys, just returned hom,e, a tad jet lagged, but have a respose to myCCA request from MBNA

 

Dear Ms. Ladybird,

 

blah blah, blah, we are very fair blah blah blah.

 

I note your refenrence to Xection 75 of the CCA and would like to address your concerns. The copy of the credt agreement which you receivd with your credit card actually aerves as your copy of that agreement for the purposes of S85 of the CCA 1974.This is sent to you in the form of a "credit card mailer" and comprises a credit card which is physically attached to the copy of your agreement. You may note that this copy of your credit agreement doe not include a signature by or on behalf of MBNA. The ignature has been deliberately omitted, as MBNA is permitted by law to serve you a copy of your credit agreement without including the sugnatures and certain other specified information. This does not affect the validity of the credit agreement or the copy we have served you.

 

(and they offered me £86 GWG)

 

Sorry, I'm sure I should know what the step is, but having been bounced back across the Atlantic last night, I'm a bit oozy.........help........please???

 

This does not affect the validity?

 

No, the fact that you haven't sent a TRUE copy of the ORIGINAL affects that!!

 

A standard, "card mailer" is not good enough...

 

sheesh, where do these people come from?

[InKogneeToh]

Pam

 

Can you confirm the information that must be supplied by a lender for an OD?

 

thanks

 

Hi

 

If you mean at the time the OD is agreed then the bank has to send you written confirmation of the OD limit, the charges applicable and info. on how to cancel the arrangement.

 

Under a s78 request, there would be no copy agreement and also no need of a written statement showing how much you owe/have paid etc. - it's not applicable as an OD is a fluctuating facility with no formal repayment arrangements.

 

Regards, Pam

[Peterbard]

Pam

 

Can you confirm the information that must be supplied by a lender for an OD?

 

thanks

 

I copied the extract from the cca 1974

 

and there it is 1(b)

 

Peter

[un1boy]

Hi

 

If you mean at the time the OD is agreed then the bank has to send you written confirmation of the OD limit, the charges applicable and info. on how to cancel the arrangement.

 

Under a s78 request, there would be no copy agreement and also no need of a written statement showing how much you owe/have paid etc. - it's not applicable as an OD is a fluctuating facility with no formal repayment arrangements.

 

Regards, Pam

 

That's brilliant Pam, you've answered my question.

 

My next question is this: Where in the Act/Regs is this information?