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    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
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    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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Cap1 & CCA return


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Awww shucks.. :(

I tried :confused:

Thanks! :-)

 

Ok I've got a question please...

 

Just drafting up a letter to Crap one, after supplying (after the 2nd request) a copy of the original application form - see post 6366 and 6367.

This account is closed, paid up, finished. Still on the CRA files, with a default due to ppi insurance company being late with payments for 6 months on the trot.

I've got approx £1500 in charges, default was lodged 5 months or so before it was paid off, Still haven't got complete S.A.R - (Subject Access Request) records from CAP1.

Would you reccommend another letter chasing the original CCA, whilst chasing up the SAR and stating I'll be looking for the default removed?

Effectively, I've got nothing to lose by chasing them all the way, everything to gain.

 

Any comments grateful.

 

thanks, and cheers Dave!

 

Perseus

 

forget sending any more letters Pers.

 

Once an account is settled and closed they have no obligation to provide copies ot the agreement under sections 77/78 or 85 :(

 

Your best line is to do an SAR and see what it throws up.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Re: Consumer Credit Act Agreements

Quote:

Originally Posted by the main man viewpost.gif

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

 

T&C must be those applicable at the time the agreement was made and signed. newer versions are not sufficient owing to the variation clauses. Basically you 'agreed' to T&C on a certain date and only the T&C at that time allow for future variations.

 

Without the original T&C (which form a major part of the contract) they have no right of variation in future T&C.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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See here

 

A judge has awarded an enforcement order despite the fact that the DCA could not produce a credit agreement.

 

Surely this isn't right, S127 should mean this is not allowed?

 

Any thoughts?

 

of course not, but the OP didn't understand and we all missed it.

 

I have posted a suggested course of action.

 

Z

[sIGPIC][/sIGPIC]

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Hullo SteveH2508

 

I am no expert but the way I see it, I would write to them or call them and aked when the account was closed.

They have said they have no contractual relationship with you, therefore you have been paying on an non existant agreement and you can claim all the money back you have paid, plus interest, don't know if others agree.

 

sparkie1723

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Hi can someone confirm to me is this an agrement or just an app form.

hfc.BMP

 

Cagey

 

It is a precontractual APPLICATION form.

 

A lot of CCP have tried to insist that they are agreements too....

errr well this one fails big time with virtually every subscribed term required by the Act missing.

 

I would write back to them thanking them for the Application form and pointing them to these words from DTI

RT Hon Ian McCartney MP

Minister for Trade Investment and Foreign Affairs

 

If Mr Bardsley feels the rules are being flouted he should report the companies concerned to Trading Standards and the Office of fair trading. It is also a breach of the Act and the Regulations to send the application form rather that a true copy of the agreement.”

 

 

Also remind them that they are out of time, in default, cannot share your data etc etc

 

Go for it

 

Z

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Hello all,

It is rather quiet on the Citicard board so I was wondering some of the CCA mega-brains here would like to nip over there and give their opinions on http://www.consumeractiongroup.co.uk/forum/show-post/post-779233.html ?

 

I have some ideas but other input would be gratefully received.

 

I too have posted on the thread Steve

 

Z

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Most importantly it makes no reference to any terms and conditions.....

 

its an application form

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hello all,

It is rather quiet on the Citicard board so I was wondering some of the CCA mega-brains here would like to nip over there and give their opinions on http://www.consumeractiongroup.co.uk/forum/show-post/post-779233.html ?

 

I have some ideas but other input would be gratefully received.

 

Hi

 

As far as I can see, you have decided not to take any more credit and have therefore stopped using the card, BUT you are still paying the account off under the terms of the agreement, therefore you do still have a contractual relationship with them , the agreement is still current and they are obliged to comply with your request.

 

HOWEVER, They have stated IN WRITING that there is NO contractual relationship and they are not enforcing any agreement!!? :confused::rolleyes:

 

If it was me, I would stop all further payments on this account. The creditor has said there is NO contractual relationship - they can't now go to court and say there is can they? If they did try to sue for the remainder of the debt, you would just need to produce a copy of that letter.

 

Also, the letter is their response to your request under CCA s77/78.

 

The Act says this:

 

172 Statements by creditor or owner to be binding

(1) A statement by a creditor or owner is binding on him if given under—

section 77(1),

section 78(1),

section 79(1),

section 97(1),

section 107(1)©,

section 108(1)©, or

section 109(1)©.

 

 

:D:D

 

Regards, Pam

 

 

 

  • Haha 1

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hello all,

It is rather quiet on the Citicard board so I was wondering some of the CCA mega-brains here would like to nip over there and give their opinions on http://www.consumeractiongroup.co.uk/forum/show-post/post-779233.html ?

 

I have some ideas but other input would be gratefully received.

 

Hi again

 

I have just had another thought! If it was me, I wouldn't write to them about this issue at all - it is just possible that they have been looking at the wrong account - i.e., someone else's that IS closed! :eek:

 

BUT, you now have a letter addressed to you saying that there is no contract - so treat it like the crown jewels!!:D

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Anyone want to cast an eye over my thoughts on this

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-780736.html

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi

 

Apparently you can buy a copy i believe it costs about £7 i don't know of any one who has found a free orriginal copy on line and i have looked.

I have a copy of the 1983/1557 Copy of agreement regs which contaqin the notorious sectio3 regulation that enables crditors to leave off sigs on coppies but to get the agreement regs 1983/1553 i had to go to the library and do a photo copy.

I will gladly send you what i have if you let me have your e-mail address or perhaps one of the people on here that have bought a copy on line will have pitty on us.

 

Regards

Peter

 

Hi - I have a letter in front of me that states : "

 

S. 180 of the CCA provides for making of regulations governing the form and content of copy agreements and, pursuant to that section, the Consumer Credit (cancellation Notices and Copies of Documents) Regulations were introduced in 1983. Regulation 3 (2) provides that a copy need not be an exact copy of the agreement signed in that (we) are permitted to exclude from the copy:

 

(a) any details furnished by the customer (e.g. information required to underwrite the case and included in the agreement)

(b) any signature boxes, signature or date of signature, and,

© in certain cases, the customers name and address.

 

The letter is from a company pursuing an old debt and I have another thread on this. As the agreement sent is in said form, does this mean that they do not have to provide further details to the court in order to continue their action despite the total cost for credit also not quoted.

Confused here.

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Campari2

 

No, the regs allow them to send a copy without sigs etc etc, but for them to enforce it in a court of law they need the original docs. you may never find out if they have one until you take them on and see it in court.

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi - I have a letter in front of me that states : "

 

S. 180 of the CCA provides for making of regulations governing the form and content of copy agreements and, pursuant to that section, the Consumer Credit (cancellation Notices and Copies of Documents) Regulations were introduced in 1983. Regulation 3 (2) provides that a copy need not be an exact copy of the agreement signed in that (we) are permitted to exclude from the copy:

 

(a) any details furnished by the customer (e.g. information required to underwrite the case and included in the agreement)

(b) any signature boxes, signature or date of signature, and,

© in certain cases, the customers name and address.

 

The letter is from a company pursuing an old debt and I have another thread on this. As the agreement sent is in said form, does this mean that they do not have to provide further details to the court in order to continue their action despite the total cost for credit also not quoted.

Confused here.

 

No, they would need a signed agreement to get a court to make an enforcement order, just be sure to point out to the court that this agreement does not, as far as you know, actually exist.

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while writing the above post, something struck me........

 

They need the original doc to proceed to court. my agreement looks like a microfiche copy......I didnt sign a microfiche, I wonder if the have the original at all? or if theyve archived everthing to save space.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-757767.html

 

is a photocopy of an agreement good enough, photocopys can be doctored. in fact when you are applying for certain things you have to send original docs....photocopies wont do !!

 

or is my thinking gone awry again

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi again

 

I have just had another thought! If it was me, I wouldn't write to them about this issue at all - it is just possible that they have been looking at the wrong account - i.e., someone else's that IS closed! :eek:

 

BUT, you now have a letter addressed to you saying that there is no contract - so treat it like the crown jewels!!:D

 

Regards, Pam

 

Pam

 

Thank you so much for reminding me about S172 regarding binding statements!

I shall continue this thread over in the Citicards forum to save confusion.

Have a clicky scaley thing on me!

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Pam

 

Thank you so much for reminding me about S172 regarding binding statements!

I shall continue this thread over in the Citicards forum to save confusion.

Have a clicky scaley thing on me!

 

Thank You! :)

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hello

 

I have recently joined and have been trying to read through this HUGE thread and all the others about credit agreements and debt collection. There is so much information spread between all the threads but I can't understand why there aren't any stickies for all the important information, such as what should be in agreements and what is meant by prescribed terms, or what all these 'regulations' say!

 

I have seen so many posts asking the same questions over and over and people are being given information but I can't find any of this in the libraries or as stickies.

 

Is this site's focus concentrated mainly on bank charges? I have already claimed mine back through another site but I do have some issues with credit agreements and debt collectors.

 

I understand this is a 'self help' site but this is going to be a bit of a problem if the key information on these subjects is not easily available for all to find!

 

Or am I looking in the wrong sections? :confused:

 

BS

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Hello

 

I have recently joined and have been trying to read through this HUGE thread and all the others about credit agreements and debt collection. There is so much information spread between all the threads but I can't understand why there aren't any stickies for all the important information, such as what should be in agreements and what is meant by prescribed terms, or what all these 'regulations' say!

 

I have seen so many posts asking the same questions over and over and people are being given information but I can't find any of this in the libraries or as stickies.

 

Is this site's focus concentrated mainly on bank charges? I have already claimed mine back through another site but I do have some issues with credit agreements and debt collectors.

 

I understand this is a 'self help' site but this is going to be a bit of a problem if the key information on these subjects is not easily available for all to find!

 

Or am I looking in the wrong sections? :confused:

 

BS

I completely agree, its gtting really difficult to find information and / or answers to topics because of the amount of information on the site. It would be really helpful to have some form of index / sticky for a lot of the CCA topics.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Hello

 

I have recently joined and have been trying to read through this HUGE thread and all the others about credit agreements and debt collection. There is so much information spread between all the threads but I can't understand why there aren't any stickies for all the important information, such as what should be in agreements and what is meant by prescribed terms, or what all these 'regulations' say!

 

I have seen so many posts asking the same questions over and over and people are being given information but I can't find any of this in the libraries or as stickies.

 

Is this site's focus concentrated mainly on bank charges? I have already claimed mine back through another site but I do have some issues with credit agreements and debt collectors.

 

I understand this is a 'self help' site but this is going to be a bit of a problem if the key information on these subjects is not easily available for all to find!

 

Or am I looking in the wrong sections? :confused:

 

BS

 

Hi, and welcome to CAG! :)

 

That's a very good question! There are a few of us here, on this thread in particular, that seem to be constantly explaining the same facts and giving the same information and advice repeatedly. Whilst I'm sure none of us actually mind helping others with their CCA issues, there seems to be almost Zero input from the MODs/Site Helpers (apart from good old Tam! :D) in this category of consumer problems on this site. I must admit I find this strange myself, since CCA/DCA issues appear to be at least as prevalent as bank charge problems.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Pam i know you are busy, and i dont like asking direct questions, but

 

can you just have a look at my thoughts in this post

 

is there ANY mileage in anything ive written

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-780736.html

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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