Cap1 & CCA return

[Having_A_Knightmare]

Just thought

 

It is an application form so there may be hope there.

 

HAK

[Having_A_Knightmare]

Hi

 

Davey i have read your OFT resonce and this below is interesting

 

he may not enforce the agreement at all. This prevents enforcement with or without a court order.

 

 

This says to me even if they have a court order (CCJ) they cant enforce the debt. Do you think I am correct.

 

This could be a major bit of info.

 

HAK

[Having_A_Knightmare]

Tifo

 

i know what your saying but what do you think it means

 

maybe they cant ask for any money with a CCJ

 

HAK

[Having_A_Knightmare]

Hi Moonhawk your right

 

If they get a CCJ and you keep up payments they cant get a C/O or AOE.

 

Plus interest stops when the CCJ is granted.

 

I think there something else on this statement

 

HAK

[Having_A_Knightmare]

he may not enforce the agreement at all. This prevents enforcement with or without a court order.

 

Hi Tom

 

Whats your view on the above

 

HAK

[Having_A_Knightmare]

The problem I have got is they got a CCJ before I knew about CCA.

 

The thing is they have not got a agreement and this would have been total defence if I knew about it.

 

Just trying a way of getting it set a side

 

HAK

[Having_A_Knightmare]

Hi Tom

 

It was Hillseden who bought the debt of CITI.

 

Do you think Ive got a good chance of this.

 

HAK

[Having_A_Knightmare]

Peter

 

OFT are getting worse.

 

It was not intended primarily as a method of challenging agreements or, as appears to be occuring more frequently, as a mechanism for avoiding legitimate obligations."

 

 

It makes you think if the banks tell OFT what to do.

 

 

agreement cannot be reconstruced if the orriginal is unavailable so in future if a copy you recieve is reconstructed

The RBS are not going to be happy. Most of there agreements are computer scanned and they do not have the originals. More amo for T/S

HAK

[Having_A_Knightmare]

Peter

 

Dont hold back!!!

 

Its about time they got paid to do a job properly.

 

HAK

[Having_A_Knightmare]

Hi

 

Just emaied my T/S regaring the comment on original documents have to be original

This is the reply

 

I have been trying to contact the local authority for the past couple of days however they are not answering the phone. I will try them again today. I will take into consideration the information below but must advise you that scanning is a widely used practice for storing data such as this and I would of thought that these issues would have been raised when the system was brought into place initially. I will contact you again as soon as I receive a response.

 

What planet are they on!!!

 

HAK

[Having_A_Knightmare]

Hi

 

what the point reconstructing one if the banks have the true copy.

 

Whats going on with this world.

 

HAK

[Having_A_Knightmare]

Good point Moonhawk

 

HAK

[Having_A_Knightmare]

The OFT has a duty under section 4 of the Consumer Credit Act 1974 (‘CCA’) to disseminate to the public certain information and advice relating to the Act.”

 

It seams to me they dont know enough about the act and they are just assuming what they think. Do they not have hot shot lawyers there??

 

HAK

[Having_A_Knightmare]

MinceMeat

 

You are saying a judge will exept a micro-fish copy.

 

How can the creditor prove that it is your signature, Surley the judge will want to see the pen signature.

 

Any body can alter documents nowerdays so the original in my opinion has to be seen by the judge

 

HAK

[Having_A_Knightmare]

What about computer scanned copies.

 

HAK

[Having_A_Knightmare]

Just got in from work and this has got to be the longest debate on the site.

 

Can somebody just point out the conclusions that we have got to. Saves reading all the long posts

 

Cheers

 

HAK

[Having_A_Knightmare]

Hi

 

Whats the chances of having microfiched docs anyway. These went out ages ago.

 

RBS for example have scanned most of there documents and store them on PC`s.

 

What would a judge say to this as this will probably efect a lot of people on this site.

 

HAK

[Having_A_Knightmare]

Morning all..

 

Can we change the debate and talk about Section 59(1) CCA 1974.

 

Application Form or Agreement??

 

I cant make any sence out of the wording.

 

HAK

[Having_A_Knightmare]

Just got back from work and missed all the fun again.

 

HAK

[Having_A_Knightmare]

Peter

 

I will second that. Your advice is priceless:D

 

HAK

[Having_A_Knightmare]

why HE was banned from the site why HE was banned from the site

 

Have I missed somethig here..Whos been banned and why

 

HAK

[Having_A_Knightmare]

all the terms of the agreement must be embodied in the agreement

 

So a booklet is not good enough

[Having_A_Knightmare]

A prescribed term IMHO MUST be in the sig doc.

I would agree with that.

 

How do you prove the booklet was there or not there.

 

Bascially the creditor could just whip up some T&C and say they are the ones we give you at the time

[Having_A_Knightmare]

i have recieved and read the terms and conditions provided

 

That is on most agreements /Applications.

 

Do you think if the above is on the agreement but they have not supplied the T&C after s78(1) request, they could turn around and say "well you must have read the T&C before you signed on the agreement"

[Having_A_Knightmare]

Thats good that was always a worry to me.

 

Tom whats your opinion on Section 59(1). It reads double dutch to me.