Cap1 & CCA return

[the main man]

Hi everyone,

would appreciate anyones views on the reply to my CCA request these were the only two docs sent, but have a feeling it is valid:(

 

http://i172.photobucket.com/albums/w9/Themainman_bucket/Applicationform.jpg

 

http://i172.photobucket.com/albums/w9/Themainman_bucket/CCF27042007_00000.jpg

[davefirewalker]

Hi everyone,

would appreciate anyones views on the reply to my CCA request these were the only two docs sent, but have a feeling it is valid:(

 

http://i172.photobucket.com/albums/w9/Themainman_bucket/Applicationform.jpg

 

http://i172.photobucket.com/albums/w9/Themainman_bucket/CCF27042007_00000.jpg

 

By rights they must supply you with a statement of account as well....but I'm sure they could knock one up easilly enough

Dont really know abouth the docs though....

 

two sigs

financial stuff

interest

rights to cancel

 

 

I'll have another look but it doesnt look promising.

 

On the plus side it does say it is an application.....

 

Dave

[the main man]

Thanks for having a look,

Was really surprised at the fast response to the CCA (3 days!)do they have to send the applicable T&C for the year it was taken out?

[un1boy]

Thanks for having a look,

Was really surprised at the fast response to the CCA (3 days!)do they have to send the applicable T&C for the year it was taken out?

 

Not just the ones from that year - they have to send the ACTUAL T&C's that were attached to the agreement you signed AT THE TIME.....

[the main man]

Re: Consumer Credit Act Agreements

Quote:

Originally Posted by the main man

Thanks for having a look,

Was really surprised at the fast response to the CCA (3 days!)do they have to send the applicable T&C for the year it was taken out?

 

Not just the ones from that year - they have to send the ACTUAL T&C's that were attached to the agreement you signed AT THE TIME.....

 

I was only asking because surely to make a valid agreement T&C should be part of an agreement? actually on the docs! Sorry not really familiar with CCA

[davefirewalker]

well it has to be a part of the document.......but a document can run to many pages. or it has to be referred to in the document (I think)

 

Dave

[Cornucopia]

Just got in from work and MBNA have made my day with the sorry excuse for a credit agreement they sent me. It's an application form with not one single prescribed term on it.

 

Their accompanying letter says "We trust that now we have fully complied with your request under Section 78 of the CCA 1974 a suitable proposal for payment will be made".

 

How funny is that?

 

Ian, argue this with MBNA and see what they come up with. Please PM me for info. It could be important.

 

Regards,

 

Corn x:)

[the main man]

Re: Consumer Credit Act Agreements

Quote:

Originally Posted by the main man

Thanks for having a look,

Was really surprised at the fast response to the CCA (3 days!)do they have to send the applicable T&C for the year it was taken out?

 

Not just the ones from that year - they have to send the ACTUAL T&C's that were attached to the agreement you signed AT THE TIME.....

 

So it looks like they haven't complied with CCA request? Just one more question( I promise!) where it says Your Right To Cancel, you have a short time a right to cancel it and this will be sent to you by post. does this also come in with docs that are supposed to be sent?

[Cornucopia]

Re: Consumer Credit Act Agreements

Quote:

Originally Posted by the main man

Thanks for having a look,

Was really surprised at the fast response to the CCA (3 days!)do they have to send the applicable T&C for the year it was taken out?

 

Not just the ones from that year - they have to send the ACTUAL T&C's that were attached to the agreement you signed AT THE TIME.....

 

So it looks like they haven't complied with CCA request? Just one more question( I promise!) where it says Your Right To Cancel, you have a short time a right to cancel it and this will be sent to you by post. does this also come in with docs that are supposed to be sent?

 

Main Man!! Go see the answers to your other questions Mr, surfing, how dare you!!!

 

If you are referring to SAR, yes, this should be included as should ANYTHING else..............

[the main man]

It has come to my attention that I am not the only one!!

[davefirewalker]

gosh he's right corn.....

[Cornucopia]

gosh he's right corn.....

 

So it seems, but please PM me with anomalies Main Man.........I need the info!!

[Perseus]

Hi pers

its hard to know where to start here

I know S.A.R - (Subject Access Request) is not full but have you had all your statements? about 80%. 10% before, not much chances of any charges there. Last 10% between the last statement and account closure, possible charges - I think I've got pretty much most of the charges statements anyway.

have you claimed the charges yet? Not yet, wondered if it's worth combining with the CCA complaint/default removal etc.

 

how long have they had the CCA? Same time as the SAR request 12th March. I wrote again 17th April warning of the non compliance, expiry for 12 working up on 27th March-offence on 26th April. Also mentioned the default, and seeking restitution of interest paid under an unenforceable agreement. I laid into them a bit :o

 

basically the CCA would be my prime target. If they cant show an agreement you can kiss goodbye to the default. no agreement ...no default

 

I would concentrate on the charges and cca and when they pay you the charges back, if the agreement is anyway no good and uneforceable or improperly executed there is a chance that you can claim back any interest you've ever paid to them.

 

Dave

I think I'll draft something up, and post for comments if that's ok...

Thanks

Pers

[Smoothy]

DirtyHarry1959, It may appear Illegal in your and our eyes, but a judge would require proof of the alleged illegal activities. Which is where the sec77,78 requests come into it.

Have a look at some letter templates here and see what info you can glean.

They have a statutory requirement to comply with correctly formatted requests which is probably why theyre still persuing you.

If you send a CCA request to any of these companies, chances are theyll do one of 2 things. Either write back acknowledging your letter but they cannot deal with your request so theyve handed the file back to the originator or theyll send you a piece of paper which they believe satisfies your request fully but in reality is little more than a waste of paper.

 

More often than not I have found that a number of dca's are just trying their hand and seeing if youd pay up without objection.

 

Smoothy

[ian1969uk]

After Capital One sent me the new style credit agreement in response to my S78 request, I wrote and told them this wasn't acceptable and hadn't complied with my request.

 

This morning they have sent me what they reckon is my credit agreement. It's one sheet, headed Application Form, and literally ALL that's on it is my name and address, and a signature box with some blurb about agreeing to terms and conditions IF my application is successful.

 

No interest rate, credit limit, repayments, in fact no prescribed terms whatsoever....laughable.

 

The scary thing is, though, when I showed it to my wife she said well that's it, we'll have to pay them. This is exactly what they rely on, for every person on here that knows it's worthless, there will be 100 who will be taken in by what they say.

 

It's completely wrong.

[tamadus]

After Capital One sent me the new style credit agreement in response to my S78 request, I wrote and told them this wasn't acceptable and hadn't complied with my request.

 

This morning they have sent me what they reckon is my credit agreement. It's one sheet, headed Application Form, and literally ALL that's on it is my name and address, and a signature box with some blurb about agreeing to terms and conditions IF my application is successful.

 

No interest rate, credit limit, repayments, in fact no prescribed terms whatsoever....laughable.

 

The scary thing is, though, when I showed it to my wife she said well that's it, we'll have to pay them. This is exactly what they rely on, for every person on here that knows it's worthless, there will be 100 who will be taken in by what they say.

 

It's completely wrong.

 

 

OOOO yet another 'agreement' that fails to make the grade by the sound of it.

 

Unfortunately your right in that most people will accept it as an agreement, exactly as your wife did. The good thing is you know it's not an agreement and your in the right place to get the information to argue the case with them.

 

Hopefully we will soon be in a position to alert more people to unenforceable agreements as the news spreads.

 

All of these companies are worried about the floodgates opening on them. They dont even realise yet how big that flood could be

[Cornucopia]

After Capital One sent me the new style credit agreement in response to my S78 request, I wrote and told them this wasn't acceptable and hadn't complied with my request.

 

This morning they have sent me what they reckon is my credit agreement. It's one sheet, headed Application Form, and literally ALL that's on it is my name and address, and a signature box with some blurb about agreeing to terms and conditions IF my application is successful.

 

No interest rate, credit limit, repayments, in fact no prescribed terms whatsoever....laughable.

 

The scary thing is, though, when I showed it to my wife she said well that's it, we'll have to pay them. This is exactly what they rely on, for every person on here that knows it's worthless, there will be 100 who will be taken in by what they say.

 

It's completely wrong.

 

Ian, am (currently) sober, and have PM'd you. I know what it was now, so am going to PM again regarding your MBNA "application". How embarassing!!:o

 

Regards,

 

Corn x:)

[pford]

Just had another letter of the Halifax this bit stood out a mile

 

 

Whilst I appreciate your situation we can enforce repayment of this debt under Crimanal Justification as spending on the account you have automatically agreed to the terms and conditions of the account and therefore remain liable for the above balance and can be continually pursued as such by our recovery Agents Blair Oliver Scott.

 

erm seems they think its a crimanal matter now:sad:

[Cornucopia]

Just had another letter of the Halifax this bit stood out a mile

 

 

 

 

erm seems they think its a crimanal matter now:sad:

 

Good GOD, this is outrageous! It is not a criminal matter and this appears to me to be an abuse of process. Are they accusing you of theft in not so many words? That's rich!

[AnimalMagic]

From the OFT Debt collection guidelines:

 

2.4 Examples of unfair practices are as follows:

 

e. falsely implying or stating that failure to pay a debt is a criminal

offence or that criminal proceedings will be brought

 

[pford]

Good GOD, this is outrageous! It is not a criminal matter and this appears to me to be an abuse of process. Are they accusing you of theft in not so many words? That's rich!

 

 

Think they are but then this will bring the DPA into affect discolser of persional information relating to an alleged criminal act. Para before this one read

 

I understand that you remain unhappy with the service you have received from Halifax Plc and Blair Oliver Scott, as you belive that as we are unable to provide you with a copy of the original signed agreemant you cannot be proven liable for the oustanding debt currently of £*****.

 

Damm right I am still unhappy thats twice they have admited that they can't provide it. Got this of them in January as well.

 

I refer to your recent communication and enclose a copy of your statements.

 

Unfortunately, we are unable to retrive your original agreement.

 

the £1 for the copy application has been credited back to your account and will show on your next statement.

 

I hope this meets with your requirements.

[pford]

Not only are they in breach of the Act but they have admitted they don't have a copy of the original agreement so they can't enforce it anyway.

 

Ye i know but trying telling them that will fire a responce of to them and remind them of their legal duties. Any advice on content of letter much aprecated.

[adarling2006]

this might not be revelant here, but i had asked for my agreement from black horse, which they duly sent out with the terms and conditions, i've been looking over it again and i've only just noticed the PPI and that there isn't any way of me cancelling it when i had signed the loan, what can i do about it? Have they mis sold the PPI and how does it affect the agreement?

[Sparkie1723]

Is the PPI separately calculated does it say for example .something like this?

 

A Amount of loan £xxxxxx interest @ xx% APR .....Monthly payment £xxxx

B Total repayable Loan £ xxxx Interest £xxxxx £xxxxx

 

C PPI £xxxxx ...interest @ xxAPR Monthly payment £xxxx

D Total repayable £xxxx

 

Total Repayable B + D .......................................£xxxxxxxx

 

If it is split like this they are two seperate agreements and you can cancel the PPI.

 

sparkie1723

[adarling2006]

it is spilt like that, but should it really be there if i didn't agree to it but it's their on the agreement they sent out to me?