Cap1 & CCA return

[un1boy]

Did you actually issue a court claim against them ?

 

They have settled mine on getting the LBA but the entire claim is only £320. Hopefully they wont try bully boy tactics of closing my account.

 

I'm not sure thay can force you to close your ISA and savings account and consequently lose money through it. That in itself would also be a penalty.

 

Yes, I issued the MCOL - my claim was the smae amount as your though, that's what annoys me!!

 

And I sent a secure message to a manager before the dedaline for MCOL asking them, politely to have a look at my claim before the deadline so they wouldn't have to pay costs etc, but she was a c*w and said that it would take a few more weeks......I think it was because of this they are closing my accounts.....the letter I received was from a Jane and the Manager I secure messaged was a Jayne!!! spooky?

 

What I don't understand is that the letter only has my current sort code and nnumber on it, but the letter says "accounts with smile" all the time, not account. I have written to them, but there is no reason for them to have done this - the last set of charges I got refunded was when I worked for their parent company and they didn't pay me properly, so I got charged a few hundred pounds - my manager at the time arranged with them to refund them and confirmed that it was my employer's mistake.....I'm soooo mad....so so mad.......

 

It's sort of shooting themselves in the foot really, because I'm actually getting a mortgage and some investment products etc which I was going to do through them. If they do this to me then I won't go through them!!!

[un1boy]

If they received it more than 12 WORKING days ago then you can withhold payment

 

Then wait a further calendar montha nd id they still haven't sent it you need to send an LBA

[un1boy]

Does anyone know how truthful it is when these companies say they don't need our written consent to share our info? They reckon that consent via conduct (ie. using the service qand paying for it) is sufficeint?

[un1boy]

Uniboy, under the Data protection Act it is true that having permission from the data

subject to process information is not necessary if one of the other

conditions in schedule 2 also apply since only one condition is required for

data to be deemed as allowable to be processed.

However some of the other conditions are nowhere near as clear cut in

their interpretation as the one on permission-"the data subject has given his

consent to the processing".

In all the other conditions each begins with this statement-"the processing

is necessary" for or in order to... are the usual continuation words. And

much more difficult to quantify and interpret as to the necessity of the

right to process. As we have already seen with the difficulties involved with the

requirement for the production of a signed agreement.

 

Thanks lookingforinfo. So, how would it work if I took a company to court because they can't provide a copy of the original agreement, nor a copy of the terms at the time I was alleged to have accepted.

 

Does the same priniciples you mentioned above (in terms of consent by conduct etc) apply for agreeing to terms and conditions, or do the companies need our explicit consent to prove that?

[un1boy]

financial news : Every Investor

 

Ive just come across this which may be of interest.What the card companies next move is...

 

That's harsh - I can't wait to pay off my Egg card and close the bugger.....

[un1boy]

Could anyone clarify something for me.

 

If after 2 1/2 months credit card company actually come up with the credit agreement do I resume paying them and do my prelim letter for charges or because they went over the time limit do they have to do anything to get the account back on track.

 

juli99

 

Hi there, from my knowleged if this is in response to a CCA request you have sent them you can still wothold payment and they must now take you to court in order to it enforced.

 

You could wirte back to them to this effect if you like, because they are not allowed to charge you interest or make a profit on it now until it is enforced. only my understanding though - I'm sure someone will correct me if I'm wrong?

[un1boy]

No one rings me anymore.

 

I'm not surprised. you have a legal right to wihthold payment now; if they do call, tell them to correspond with you by letter!

[un1boy]

As long as the application form is headed 'Credit Agreement regulated by the Consumer Credit Act 1974' and it carries the 'right to cancel box' then it is part of the agreement. If it doesnt carry these items then it is not the agreement.

 

Ideally we would like it to also have both signature boxes correctly signed and dated but they can leave those off for sec 77/78 requests.

 

Lets try and remember that they will be able to supply the correct thing in the majority of cases.

 

Ok, so, are you saying that the T and C's do not have to be produced on the agreement as well for it to be enforcable? What about if they haven't provided default notices and a statement of account (and what constitutes a statement of account?!). Have they commited a criminal offence in this case?

 

Thanks.

[un1boy]

A credit limit is a variable which is prescribed in the terms and conditions. I can't imagine any Judge not enforcing an agreement because your idea of a credit level and theirs didnt agree.

 

Thanks Tamadus, but please can you explain the above? How would our idea of a credit level differ?

 

I have recieved an "agreement" with no T and C;s and no mention at all of the rate - am I right in thinking that it is not correct?

[un1boy]

Ahhhhhhhhhhh but the words on the pound coin are in CAPITALS but the words "Consumer Credit Act are in Lower case" by definition they thought it more important that we see the WORDS IN CAPITALS ABOUT A BLACK PEN etc ................ than our rights.

 

that is the point i hope some banana would pick up on !

one millimetre is the height of the letters in capitals ...... the lowercase are about half this height that is 0.5 mm tall ...........

 

To be honest, as far as i understand it the CCA used to specify font sizes however this was amended and now the font sizes no longer matter.

 

Not what you wanted to hear, sorry.

[un1boy]

but the form they produced is from 1994 so is there any mileage in it ?

 

Because as you say "font" conditions did apply at some time in the past then ( possibly in 1994) and perhaps they broke them ?????

-----------

 

so the form (they sent me) or whatever it be is invalid ???

.......

also the data protection act 1998 of course didn't exist then

 

check some earlier posts in this thread - they mention the date that they changed, I can't remember how far back etc, sorry.

[un1boy]

Wonder if anyone can help?

 

Cahoot and BCW (a dca) recieved letters asking for the Credit Agreement in August but it was the dca who sent the copy of the credit agreement. 2 1/2 months later.

 

Am I right in thinking that because the CA was not produced within the 12 working days and then the following 30 days it will now take a court order to reinstate this debt.

 

They still have not sent a copy of the original default notice.

 

Cahoot appear to have handed this account on to another dca, Moorcroft.

 

Do I need to tell Cahoot and Moorcroft they need a court order to reinstate this debt. Anyone know of a good template letter anywhere.

 

Also Cahoots version of what I owe seems to fluctuate. do I need to say anything about the variation in the amounts I am supposed to owe.I have now recieved a letter from Moorcroft telling me that they intend to take legal action to recover the debt.

 

Any comments will be most gratefully recieved.

 

juli99

 

Hi Juli,

 

You need to establish you now owns this debt; if the DCA's cannot provide a deed of assignment then it needs to go back to the original lender, as they have legal right to collect the money as they do not own it.

 

You're right that now they need a court order, yes, so stop your payments. I guess it would be courteous to write to them, but I don't think you need to....make sure you always refer to the debt as alleged.

[un1boy]

Ok, well I'm confused - morrcroft are syaing they are taking legal actiona gaisnt a debt that is owned by cahoot? That's not possible!

[un1boy]

My observation was if Moorcroft did indeed buy the debt at say 20% of the outstanding balance. The outstanding balance that Cahoot appear to have told Moorcroft is wrong even by Cahoots own list of transactions which they have sent me.

 

Also the debt, because Cahoot committed an offence and only sent me the credit agreement after 2.5 months, is not immediately enforceable and will need a judge to reinstate it. I believe that Cahoot knowing this might have dumped the debt onto Moorcroft.

 

I know that if Moorcroft believe I owe the amount they have put on their letter to me then when they recieve my letter tomorrow they are in for one hell of a shock.

 

I wish Cahoot would make up their minds on what I actually owe. I am sure telling different dcas different amounts and "updating" my credit reference file with wrong amounts is not right.

 

Plus add to the fact Cahoot have still not sent me a copy of my original default notice makes it one big mess.

 

juli99

 

Have you asked Moorcroft for a copy of the deed of assignment? Without this they have no legal right to collect the debt from you as they do not own it!

[un1boy]

I have just got the most hilerous letter from MBUSA.Its now out and out war.They are now going to get hit with everything.

 

 

The Terminator

Android City

Barnehurst

Kent

 

December 06,2006

 

Dear Mr Terminator

 

Account: xxxxxxxxxxxxxxxxxxxxx

 

We have not received any payment on your account despite several letters sent to your address

 

We were recently advised that you have moved,but as you have not informed us of your new address,or left a forwarding address we must assume that you are attempting to evade payment.

 

Unless you contact us within 10 days of this letter,you will leave us no choice but to take the following action:

 

Involve the services of a third party to assist us in locating your whereabouts and recovering all monies due;

 

Add a substantial charge to your account to cover this cost and

 

Refer your account to our Fraud Investigation Department

 

Please contact us immeadiatly on xxxxxxxxxxx to prevent this action from being taken.

 

Yours sincerely

 

 

Matthew McGrath

 

Head of Customer Assistance

 

 

Is this in response to ceasing your payments due to them not providing an enforceable agreement?

[un1boy]

Oooohhh, sounds excitign - let us know how it goes (afterwards if needs be!!)

 

Good Luck Terminator!

[un1boy]

Go get em terminator!

[un1boy]

Hi all,

My bank is 2 days away from being guilty of criminal act & still not heard any more than receiving pre-contract information. Sent letter requesting full compliance with S61 - a signed agreement which they received on 14th. I'm all set to cancel the D/D before next payment due. However, I just wanted to check something. While the account's in dispute & I'm not making payments, do I need to keep the money to one side ie can they demand I pay all monthly payments I've missed at once if they come up with an agreement? Or would the repayments just resume. As far as I'm aware, while an account's in dispute, no interest can be added, and they cannot demand repayment. It's just the afterwards bit I'm a bit worried about, IF they come up with anything.

 

Hope someone can help

 

Thanks for a great thread everyone

 

Personally Acerfan, I tranfer my payments to another account so that they are there - I haven't done this to "profit" out of it (and I am not saying you are either!! ), so the money is still being put to one side for the minute!

 

I don't know about anyone else!

[un1boy]

Hello,

 

How do I contact tradign standards to advise of a criminal default for a CCA request?

[un1boy]

Morning.

 

Links are all HERE

 

Pete

 

That's fab, thanks mate!

[un1boy]

It's official MBUSA have received their default notices and have until 17th January 2007 to conform or commit a criminal offence.The default will be lodged with a credit reference agency on the 18th January 2007.And if their watching Merry Xmas looks as if Santa's come early

 

How are you going to issue the information to a CRA?

[un1boy]

Ah yes, but the banks and lenders are clients of the CRA's - it might be better advising the Bank of England, seeing as it is they who lend to the banks etc!!

[un1boy]

Thanks un1boy I didn't think about that(may hit them with a default as well)

 

No probs, it's easy to forget that the lenders actually pay the CRA's to hold and share our data!!

[un1boy]

yep, oh and LTSB are now in serious trouble for continuing to make phone calls, the latest even said they would keep doing it in spite of my notice to cease and desist. So complaint coming up to the OFT , FSA and TS now. Especially as they dont have the decency to reply to letters

 

lol, did you manage to record the converstaion?

[un1boy]

Hello guys, hope all had a good xmas and I'd like to wish everyone all the best for 2007!

 

Just to let you know, HSBC have been in criminal default for a while now and I sent a letter to advise them they were in criminal default on 9th November and they sent one back saying they were looking into it and I havn't heard since.

 

I sent them another just before xmas advising them that I was stopping my payments and I got a letter from them yesterday saying that were looking into my refund request of 2 grand and would get back to me after their investigation.

 

Should I write back giving them 14 days or somehting - this could take ages, it's already over 8 weeks since their first letter saying they were looking into it!!