Cap1 & CCA return

[Cristal]

Cristal, I'm not sure how I'm going to play it now!

 

I'm tempted to sit back & do nothing:)

 

Oh yes Patricia BP likes writing to me as well - not RESPONDING to my letters, you understand, just writing her own, going on and on and on....as if I'd never got in touch with them at all.

And I'm still awaiting a promised phone call from the Customer Advocate Office....I wonder if they've forgotten, they were supposed to call me back, as confirmed by Alison in customer services on........February 4th.

 

Steve Bailey promised a response by 16th April and Patricia BP promised one by 3rd April. Can you imagine if the situations were reversed?! Just rec'd a letter threatening Default from Matthew MCGrath - as you say, they issue letters as tho we've never been in touch with them at all....do let me know when Alison calls you and don't give her my regards!

[ian1969uk]

MBNA are the classic case of the left hand having no clue what the right hand is doing. They just blunder on regardless, despite the letters we send.

 

I reckon that's fine, with every letter they just weaken their position, and I still reckon that none of the credit card companies will go anywhere near a courtroom if Section 85 is mentioned. It's just way too big a risk for them.

 

Oh, and I am waiting for three overdue responses from MBNA, Patricia Brassil Poole included.

 

I smile everytime I think of the pendulum of power swinging more towards the customer.

[elsinore]

Thats the gist of it as soon as anybody holds data which can personally identify a person the they fall within the scope of the DPA.

 

No, that hadn’t occurred to me, either, but I’m confident that CAG is better at data control than most of our adversaries!

 

Which we need to be, if we are to beat them at there own game.

 

Els

[Seahorse]

Thats the gist of it as soon as anybody holds data which can personally identify a person the they fall within the scope of the DPA.

 

There IS bit of leeway, otherwise every tom, dick and harry would need a license to run their gerbil and hamster forums et al. Common sense dictates when it gets to the point of needing to worry about it.

 

But as a DB being set up for the purpose mentioned here would hold data relating to 3rd party subjects, I'd say it's a must. I must say, I am a bit worried about that aspect. I think Dave and Bankfodder must have a full time job just ensuring that little aspect of CAG remains squeaky clean.

[jalex_uk]

Hi.. I'm on page 128 and am about to fall asleep after reading this thread for the last 8 hours solid and taking notes!

Can you put me out of my misery please?

Has anyone yet gone to court on an S85? Have there been any significant developments in this regard since mid-Feb? And what sort of responses have MBNA, CapOne, Barclaycard et al given in reponse to S85 claims?

 

Please don't make me read through another 175 pages to find out!

[ladybird17]

Oh ok Jalex, I'll let you off reading another couple of hundred pages!

 

S85. - I think I'm up to date this but no doubt someone will come along & correct me if I'm wrong.

 

The response from CC providers is that the generic "credit card mailer" i.e. the bit of paper that your card is stuck to when it arrives, satisfies S85. We're pretty sure it doesn't, for a number of reasons. However, this has not YET been put to the test....but will be very shortly. Battleaxe is being a "court buddy" for another CAGger who will be pleading S85 - not sure exactly the date, but imminently. And the she will be pleading her own S85 case in court on 9th May.

 

I think I've got the dates correct, but certainly it will all be happening in the 2 - 4 weeks.

 

I know that a number of us have challenged them on S85 - in the main, the responses have been as above, (i.e. the credit card mailer)or they completely ignore you!

 

Hope that puts you out of your misery a little!

[angry cat]

Originally Posted by un1boy

TS probably won't - they don't do anything!

 

 

 

AC, are you sure it's 6 months? I would have thought it was 6 years.....

 

The Human Rights Act doesn't apply to private companies, does it?

 

Yes Un1 it is 6 months from the time that the debtor was made aware of the breach. That is the timescale in which you have to prosecute via a Magistrates Court.

 

Your correct, the Human Rights Act does not apply to private companies and of course that includes the CRA's, FOS & the FSA!!!

However, it would apply in the case of the OFT who are a government body.

 

It is about time that we all seriously considered making a mass complaint to the OFT.

 

The last time I spoke to my local TS fair trading officer, I stated that many consumers are in the same position as me and that because a consumer has to make a complaint about a S78 breach it has to be through their local TS office it would give an unclear statistic about the seriousness of the matter/breaches. She informed me that if ones complaint goes through Consumer Direct, the OFT's consumer arm, then a log of the complaints are made?

 

I am sure that this is probably correct, but surely a mass complaint to the OFT itself would have a significant impact.

 

I will leave you all with the thought...Our Human Rights and the OFT!

 

Love AC

[ladybird17]

sounds good to me AC. I haven't complained to anyone for about....an hour or so,and I'm getting withdrawal symtoms.

[humbleman]

Don't know if this has been covered, but this morning I have got a copy agreement that CAP 1 are going to be using form June 2007, now this is an agreement.They seem to have gone through the thread and CCA 1974 and adressed all the concerns that have been raised so far.

[ladybird17]

see BA's previous posts on this. (In the last week, I think!)

[ladybird17]

ATTENTION!!

All those wanting to PARTY see this thread:

CCA thread bash

[un1boy]

sounds good to me AC. I haven't complained to anyone for about....an hour or so,and I'm getting withdrawal symtoms.

 

lmao

[un1boy]

 

Yes Un1 it is 6 months from the time that the debtor was made aware of the breach. That is the timescale in which you have to prosecute via a Magistrates Court.

 

Your correct, the Human Rights Act does not apply to private companies and of course that includes the CRA's, FOS & the FSA!!!

However, it would apply in the case of the OFT who are a government body.

 

It is about time that we all seriously considered making a mass complaint to the OFT.

 

The last time I spoke to my local TS fair trading officer, I stated that many consumers are in the same position as me and that because a consumer has to make a complaint about a S78 breach it has to be through their local TS office it would give an unclear statistic about the seriousness of the matter/breaches. She informed me that if ones complaint goes through Consumer Direct, the OFT's consumer arm, then a log of the complaints are made?

 

I am sure that this is probably correct, but surely a mass complaint to the OFT itself would have a significant impact.

 

I will leave you all with the thought...Our Human Rights and the OFT!

 

Love AC

 

So AC, if my bank sent me an unenforcbale agreement in August 2006 and I haven't put a court clim in yet, but TS have been investigating, I can't claim and have to do anoyher CCA request?

[Perseus]

Steve Bailey promised a response by 16th April and Patricia BP promised one by 3rd April. Can you imagine if the situations were reversed?! Just rec'd a letter threatening Default from Matthew MCGrath - as you say, they issue letters as tho we've never been in touch with them at all....do let me know when Alison calls you and don't give her my regards!

 

 

I pressume this is regarding trying to get MBNA Cust. Adv. Office to call back?

If it is - Colin Pugh is one of them, and is excellent.

His direct number is 01244 672628

If it isn't, I'll shut up now....

 

P

[humbleman]

A question for anyone for the benefit of everyone.

 

What should one do, if the credit card company issues a default notice whilst they themselves are in default for providing the CCA.

[Cristal]

I pressume this is regarding trying to get MBNA Cust. Adv. Office to call back?

If it is - Colin Pugh is one of them, and is excellent.

His direct number is 01244 672628

If it isn't, I'll shut up now....

 

P

 

Thanks for the number, P. I'lll keep it on file for when I'm at the end of my tether....not quite yet! I've sent over a dozen letters to MBNA. Two have received responses, promising more responses. No sign of a reply to the CCA or SAR letters. Today I rec'd (in a pretty pastel envelope), a letter from Matthew McGrath ('Head of Customer Assitance'), claiming 'I haven't given up on you' and instructing me to call by 25th April ('Please have a Debit Card to hand') or they may pass my account on to their solicitors. It's all pretty and pink graphics and unbelievably threatening, advising me 'Don't ruin your lifestyle' and asking if a piggy bank (illustrated) could be my new best friend...'and when you want to buy something you will have to save your pennies - like you did when you were younger.' The people who work on these campaigns are sick!

[un1boy]

A question for anyone for the benefit of everyone.

 

What should one do, if the credit card company issues a default notice whilst they themselves are in default for providing the CCA.

 

Issue court papers and inform TS?

[Guest Battleaxe]

There's a breach there iin it's self. They are not allowed to threaten. Report them to the OFT

[angry cat]

 

So AC, if my bank sent me an unenforcbale agreement in August 2006 and I haven't put a court clim in yet, but TS have been investigating, I can't claim and have to do anoyher CCA request?

 

Un1, the way that I see it, is that once TS agree that the bank is in breach of CCA S78(1) that is the point from which you can prosecute - meaning the date from which you became aware of the posssible (Criminal Offence) at that point the clock starts ticking from that date, which gives one 6 months to take action via a Magistrates Court...If one can obtain legal aid/public funding which is doubtful:(

 

Please be aware that this is only my opinion, I have no legal expertise, the information that I have provided has been given to me by my local TS fair trading officer.

 

Love AC

[un1boy]

 

Un1, the way that I see it, is that once TS agree that the bank is in breach of CCA S78(1) that is the point from which you can prosecute - meaning the date from which you became aware of the posssible (Criminal Offence) at that point the clock starts ticking from that date, which gives one 6 months to take action via a Magistrates Court...If one can obtain legal aid/public funding which is doubtful:(

 

Please be aware that this is only my opinion, I have no legal expertise, the information that I have provided has been given to me by my local TS fair trading officer.

 

Love AC

 

My TS haven't told me it is defo unenforcable, just that it "could" be and it is down to the court to decide!!!

[ladybird17]

Well I know your opinion on TS un1 - and it's pretty much the same as mine. And we have the "criminal" offence issue yet again. I wish someone would direct me to a definitive document that confirms it is "criminal". I keep asking, but it hasn't happened yet.

[rippedoffagain]

Well I know your opinion on TS un1 - and it's pretty much the same as mine. And we have the "criminal" offence issue yet again. I wish someone would direct me to a definitive document that confirms it is "criminal". I keep asking, but it hasn't happened yet.

 

I have a feeling it would be viewed rather like a parking offence, it is not civil but is not regarded as a heinous crime.

[Cristal]

I hope i'm posting on the correct thread.....I CCA'd Halifax on my Visa Card, using the usual CCA template and rec'd a response today. A long letter but the following jumped out at me:

 

'I acknowledge the receipt of the standard letter received, however the quote relates to secured lending and not that of a visa card. I can confirm that I have arranged a copy of your application to be sent to you, please allow 28 days. With regard to enforcement of the contract with visa cards a copy of the agreeement is not necessaey as by spending on the account or making repayments you have tacitly acceopted the contract and it remains enforceable on this basis.

 

Pleas be advised that if an agreeable arrangement is not forth coming the account will be transferred to Blair Oliver & Scott to instigate recovery proceedings. I do hope such action will not prove necessary and I look forward to receiving your cooperation.'

 

Can this be right? The use of the word 'tacit' is interesting.....

[un1boy]

I hope i'm posting on the correct thread.....I CCA'd Halifax on my Visa Card, using the usual CCA template and rec'd a response today. A long letter but the following jumped out at me:

 

'I acknowledge the receipt of the standard letter received, however the quote relates to secured lending and not that of a visa card. I can confirm that I have arranged a copy of your application to be sent to you, please allow 28 days. With regard to enforcement of the contract with visa cards a copy of the agreeement is not necessaey as by spending on the account or making repayments you have tacitly acceopted the contract and it remains enforceable on this basis.

 

Pleas be advised that if an agreeable arrangement is not forth coming the account will be transferred to Blair Oliver & Scott to instigate recovery proceedings. I do hope such action will not prove necessary and I look forward to receiving your cooperation.'

 

Can this be right? The use of the word 'tacit' is interesting.....

 

It's garbage and bullying tactics - at the end of the day, if they have no agreement then there is no debt, full stop.

 

If they provide the agreement but no prescribed terms that it is completely unenforcable and they cant keep chasing payment or even adding interest.....

[WormHasTurned]

a copy of your application

 

The word 'application' jumps out to me