Cap1 & CCA return

[humbleman]

AC

we all know that this is p... take. But as long as they are comfortable in the knowledge that the statutory bodies are unlikely to take any action, I am afraid they won't change.

 

I almost feel that there should be a petition to stop them from renewing their credit licence, signed by everyone that they failed to supply the information under s77-79 of CCA 1974, and bring this to the attention of OFT and the minister in charge. most of the lenders have commited 100's of offences and for them to be let free is frankly not on.

[humbleman]

VERY IMPORTANT

 

A lot of lenders are saying that they do not have to provide an agreement showing your signature, thats fine, BUT one would argue that whenever you fill in an application/agreement most of your personal details are in your own handwriting therefore a TRUE COPY should have your handwritten details and not a computer printout of their standard copy.

[humbleman]

Hello Josie,

 

I have also printed off my own credit agreement template to give to my creditors stating that they give me money and I did not have to pay it back. Its that simple, especially with the template ones they have ??? reconstructed and sent to me.

 

WAY TO GO

[humbleman]

Can someone clarify what is the affect, if a creditor terminates an agreement without issuing a default or before the expiry of a default.

[humbleman]

thanks car

[humbleman]

TT

 

exactly

[humbleman]

Where does one stand if the creditor decides to change the credit card number and the number shown on an application form differs to the one currently being persued.

[humbleman]

According to their website, its something to do with upper case letters being used where lower case is necessary!

 

Eh?

 

I think in the example they have given what they are trying to say is they have first got an enforceable copy and got the finance company to spell out that since it has the following prescribed terms its enforceable. Now armed with that they have now gone with an unenforceable copy and confronted the same finance company and said ok now this agreement hasn't got the prescribed terms as the other agreement which you said was enforceable therefore it is unenforceable. It was done by process of elimination. if you get the gist.

[humbleman]

I've contacted this couple for a case number so we can find the judgement, did it two days ago but they haven't replied.

 

It's from October according to the TV report and is definitely not yet on any of the court websites....but they aren't all listed there anyway.

 

If we can get a case number, I'll contact the Court direct and get a copy of the judgement even if I have to pay for it.

 

I confess to being a tad suspicious, though, that all is not as it seems.

 

I doubt if they will be very helpful since the less we know the more they stand to gain. You might have better luck with the Rugeley CAB, since i think they assisted them. Looking around myself

[humbleman]

We have that under control, someone local to them is going to go and see them. Will let you know how he gets on.

 

Good idea, someone put this contact on the other thread

 

Rugeley Citizens Advice Bureau

7 Brook Square

Tel: 01889 577042

Fax: 01889 586126

[humbleman]

I have had a reply from Midlands Today regarding the story they ran.

 

See here for the details.

 

Tried to link to the thread elsewhere but forgot that the CAG admin were so petty and it doesn't work. You wouldn't think we were all working to the same ends would you...real shame.

 

link doesn't work for me

[humbleman]

A lot of creditors are insisting that the application forms they supply are agreements. That being the case then on renewal of credit cards they should have sent a copy of the application form. The debtor can then argue that since they did not provide the copy of the application form with a subsequent credit card, they are in default. If the debtor has saved the generic mailer it would be quite easy to prove this. Either way the creditor would be a loser.

[humbleman]

Hi Paul

 

I think this could be the next big thing after bank charges

[humbleman]

Nope - they have no power at all.

 

They are like the OFT, FSA and FOS - completely useless.

 

100%

 

I have said before OFT+FSA+FOS+Information Commissioners Office = DDT

[humbleman]

DDT?

 

DDT=Definate Definate Timewasters

[humbleman]

when I questioned it they issued another default in January 2008 and said if I pay £10 they would wave the Jan 08 default notice..

 

Hope this makes sence.

 

HAK

 

Have you got this in writing.

[humbleman]

Do you know of any successful cases with regards to these sections?

 

If after reading through this thread you don't get your answers, then I think it would be best to start a thread of your own.

[humbleman]

OFT response today.

Dear Sir

Consumer Credit Act 1974

Re: (s63 & s77) - Copy of agreements

I refer to our telephone conversation in relation to the above.

Having spoken to more experienced colleagues on this issue, majority seem to take the view that the intention of the law is for the creditor to provide a copy of the text of the agreement not the actual copy that was signed. Meaning that the copy provided does not have to show the names and signatures of parties to the agreement.

 

Paul

 

I think what they are trying to get at is, that they feel left out and would like a mention in the Guardian about their incompent**** and complete lack of direction.

[humbleman]

Most of the solicitors know d**** b**D about the CCA 1974 as an exercise I rang 4 large firms in my home town and asked them if they have anyone specialising in this area and when I spoke to their experts they knew Zero

[humbleman]

Just rang OFT and they are going to pass my comments on to the manager there for a response. I explained that the statement OFT made was incorrect and explained why, and said I will expect a conlusive answer on this as soon as possible. So, be interesting to see what they come back with. It is quite worrying to think that OFT don't actually appear to know what they are talking about.

 

Dear Mr Philip Collins

 

I have some serious concerns about the lack of training given to your key managers in relation to CCA 1974. Since you are a trained lawyer I would assume that you are aware of the same, if for any reason you had missed this during the course of you career I have attached it with this correspondence.

 

My question to your department was ........................................................

 

your departments answer was .............................................................................

 

it should be.................................................................................................

 

please ensure that this is a standard template you use when questioned in relation to the requirements of CCA 1974

 

I await your prompt rely.

 

 

cc. prime Minister, The Queen and all the papers.

Edited September 11, 2008 by humbleman
to edit the name of the chairman

[humbleman]

someone please point me in the direction of any threads where validity of Notice of Assignments has been discussed.

[humbleman]

FG

 

Thanks

[humbleman]

am I right to say that the assignment of credit card debts are governed by LPA 1925

[humbleman]

Yup

 

Now, listen to this

 

When I told the Judge that according to LPA 1925 s136 this assignment is not valid, due to .........

 

Guess what he told me

 

Law of Property Act is to do with properties and not credit card agreements and the solicitors for Phoenix supported that too.

[humbleman]

FG and Car2403

 

I have posted a copy of the NOA over on my thread if would like to have a look.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/130101-humbleman-hfc-weightmans-court-8.html