Cap1 & CCA return

[Peterbard]

So what would I be looking for in the terms and conditions? Is there any set wording that should be there?

The APR for both loans is 17.70%

HiI

have just had another look at the table and some of the figures i took for granted don't seem to add up is it possible to see the agreement.

 

Peter

[monopoly23]

My scanner is broken and I dont have a clue how to fix it! It just stopped working one day.

I could type it up exactly as I have it if that would help?

[monopoly23]

I cant believe there's 18 guests on this thread. I wonder who they could be? Maybe I could PM it to you whan I've done it?

[joneshousehold]

Has anyone looked at secion 127(2) of CCA?

 

In my case I have been unable to locate a default notice on my overdraft. I have not found one in my own copies of the correspondence. A package sent by the Claimant (in may 2006) purporting to be all the correspondence does not contain a default notice. Another letter claiming to contain a copy of the default notice has not appeared (sent on 30 April 2007).

 

It would appear that section 127(2) would cover this and an application to the court to have the debt discharged is warranted.

 

Anyone willing to look at this and advise (with urgency)?

 

There are a couple of threads that might give you some helpful information

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html

have a look at them and see if they give you some answers

[angel49]

T

The key phrase is contained at the top of the form "AN APPLICATION TO OPEN A dorothy perkins ACCOUNT".

 

An application is a precontractual document. Apart from the fact that they have written over some of the terms.

 

Thank you rory for responding,much appreciated.

As in earlier posting,CL Finance have now issued court order, so will say I'm defending which will give me a little time.

Thanks for your help.

[voyager9]

hi , could anyone have a look at this cahoot loan agreement i received

i think its enforcable but just phought i would check here

 

 

 

 

thanks voyager9

[ncf355]

"The agreement will only be binding on us when you have signed and returned the agreement to us and we have completed our final credit checks"

 

S59 - Agreement to enter future agreement void? Peter?

 

(also the fact that it doesnt state the credit limit for the flex loan and mentions the credit checks - pre contractual, as opposed to executed?)

 

Not sure if the statements of protection are correct

 

Cancellation rights?

[voyager9]

no terms and conditions came with it and also i cannot see any cancelation bits in it

 

voyager9

 

funny enough a few days after receiving this got a letter off the dca asking to fill in income details etc

 

but the letter simply says

 

we write in reply to your recent communication.

 

to enable us to consider the position further, will you kindly complete in full the form

on the reverse side of this letter and return it to us in the enclosed envolope.

when replying please enclose a payment and state the amount you are preposing as a repayment programme.

 

we look forward to receiving you co-operation

[Dave777]

Sorry for jumping in, can someone tell me whether or not a credit agreement is enforceable if such wasn't actually signed (written)? Section 61 CCA mentions that an agreement has to be signed in the prescribed manner, just wondering what exactly is the prescribed manner?

 

Is an online agreement (where you tick a signature box) binding under the CCA?

 

Many Thanks

David

[AnimalMagic]

There are a couple of threads that might give you some helpful information

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html

have a look at them and see if they give you some answers

 

Hasn't really helped

 

My issue is not a default on my credit file, but that no default notice appears to have been issued... And I'm wondering about the consequences of that.

[ian1969uk]

Sorry for jumping in, can someone tell me whether or not a credit agreement is enforceable if such wasn't actually signed (written)? Section 61 CCA mentions that an agreement has to be signed in the prescribed manner, just wondering what exactly is the prescribed manner?

 

Is an online agreement (where you tick a signature box) binding under the CCA?

 

Many Thanks

David

 

This would be allowed under the Electronic Communications Order 2004. What is the date of your agreement?

[maybelline]

how do contact the mod to give case details? cant remember

 

[kfdh1962]

how do contact the mod to give case details? cant remember:(

 

PM any mod with case number etc

[maybelline]

which mod where?

[kfdh1962]

you can pm any mod, from the user cp create a new pm and enter the mods name, ask the to enter your info into the litigation section , give details such as claim number claim against who and amount of claim.

[angel49]

Hi

The only issue is whether you had discussion face to face with the creditor at any time regarding the posibility of getting this loan, if you did or if you picked up the aplication from their premisses then

there should have been cancellation details as this falls into the catagory of a cancellable contract.

When you send your cca include," please include notices of cancellation sent as per section 62 of the consumer credit act 1974.

This contract as i am sure you are aware was taken out after anticedant negotiations and signed away from your premises and therfore meets the criterea of a cancelable agreement, you may realise that the failure to provide copies of the cancellation details within 7 days of execution would make the agreement unenforceable under secto 127(4) of the act."

You might work in that you did not recieve these copies under your S.A.R - (Subject Access Request) aplication. You might want to correct my awful spelling as well

Regards

Peter

 

Hello Peter

I did as you suggested and sent CCA requesting notices of cancellation etc, the response I received was a copy of the legal agreement (their words) and a summary of payments. But,nothing referring to the cancellation notice. How do I stand with this now?

Thanks for your help.

 

 

[maybelline]

thanks have done this now:)

I have an application hearing coming up.

[Peterbard]

HI

Write and ask them why they have not addressed the matter of cancellation details.

If their were no cancellation details sent the agreement is unenforceable.

per section 127(4)

 

Regards

Peter

[angel49]

Thank you Peter, will do,then let you know the outcome of that. Regards

[Peterbard]

Has anyone looked at secion 127(2) of CCA?

 

In my case I have been unable to locate a default notice on my overdraft. I have not found one in my own copies of the correspondence. A package sent by the Claimant (in may 2006) purporting to be all the correspondence does not contain a default notice. Another letter claiming to contain a copy of the default notice has not appeared (sent on 30 April 2007).

 

It would appear that section 127(2) would cover this and an application to the court to have the debt discharged is warranted.

 

Anyone willing to look at this and advise (with urgency)?

 

Hi as far as i am aware section 127 covers pre contractual matters of form and content and subsection (1) and (2) are protection against preduditial or missleading information on agreements rather than the post contractual default issue.

 

 

Regards

Peter

[voyager9]

hi peter could you please comment on post 1336 please

 

thanks voyager9

[AnimalMagic]

Hi as far as i am aware section 127 covers pre contractual matters of form and content and subsection (1) and (2) are protection against preduditial or missleading information on agreements rather than the post contractual default issue.

 

 

Regards

Peter

 

Thanks Peter,

 

Yes, I think that is the conclusion I'm coming to. Anyone know the consequences for the creditor of not issuing a Default Notice? The CCA seems to say they can't take action until they issue a notice, but I cannot find anything that points to the consequences. Going to court tomorrow, so I need to know

[Peterbard]

Hi

I know that without issuing a default no further litigation can take place as the default has to include the remedy to negate the need for further action.

I have used the lack of a default to set asside CCJs in the past .

Don't know if that helps

 

Petr

[Peterbard]

hi peter could you please comment on post 1336 please

 

thanks voyager9

 

HI

 

Of course if i can find it

On this thread?

 

Peter

[elsinore]

HI

 

Of course if i can find it

On this thread?

 

Peter

 

It's 7336 Peter, previous page.

 

Els