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Cap1 & CCA return


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I'm not saying I don't understand your point, JonCris - I even acknowledge it was a good one - all I'm saying is it is a lottery whether the Judge will know his A from his E and apply CPR correctly.

 

Actually, in my claim with HFC Bank, I've qualified what I've submitted with this;

 

The Particulars of Claim are summary in nature and do not disclose sufficient grounds for bringing any action. Despite this, the Defendant pleads as follows, but seeks to reserve the right to amend this Defence in such circumstances that the Claimant provides more detailed particulars at a future point in these proceedings;

 

And on it goes.

 

Actually, you've got me thinking on this case now - I can apply an Application Notice to have the Claimant's claim struck out because it isn't particularised properly and shows no chose of action in law and ask the Court to continue on a Counterclaim basis only. In fact, they've also only submitted a simple denial of my Counterclam, without offering details or authority for why they deny, so I may be able to get their claim against me and their Defence against my Counterclaim struck out!

 

What I've done, in effect though, is to allow the Court to continue with the case as it stands despite the POC being insufficient if the Judge disagrees with my Application Notice - and in managing my Defence/Counter in this way, I won't be panicking to submit a full Defence quickly, as I've already done it.

 

The problem here is that Gaz wouldn't have known any of this (I'm assuming, as he may be a qualified Lawyer) but I just wanted to make sure he is aware of all the options available to him and then he can make a decision as to how to progress his claim.

 

I think we're both on the same page as to what should happen, JonCris, but I would argue you should always offer that important "in the alternative" statement in case the Judge doesn't see it your way.

 

It's conversations like this that make you think laterally about cases like this though, so thanks for getting me thinking about mine as I was happy to go to trial over this - but that may not be necessary if I play my cards right now.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Hi Paul & Everyone I have posted my own thread on http://www.consumeractiongroup.co.uk/forum/general-debt/122545-help-wit-court-clainm.html however dont know if youll read it unless you go there thanks for help was worried when got summons feel a little better now if people can guide me in right direction . As I said I asked for copy of agremement after sending my £1 cheque received nothing 12 days went and 30 so I wrote saying Lloyds in default and had committed offence still received nothing . Then letters froOm solictors came i repeated same to them they ignored except once said statements showed my liability .....anyway their poc is as follows

"1 By an agreemnet in writing and regulated by the CCA Act 1974 ,The Claimants issue to the defendent a Lloyds TSB Platinum Card , for the purrpose of the Defendent acquiring goods and services on credit .

2 Clause 7 of the agreement provided that the claimants woudl furnish the defendent with a monthly statemnt showing the balance currently due , the minimum payment to be made and the date for payment . If the balance was not paid then provided the defendent made the minimum payment on or before such date the remainder of the balance would remain outstanding and the defendent should pay interest upon it per month in accordacne with claiuses 5 6 and 9 of the agreemnet .

3 In breaching the agreement the defendent failed to make payment and on 22 12 06 the claimants issued a deafault notice pursuant to section 87 (1( of the CCA Act 1974

4 On 12 4 07 the Claimants did issue formal demand to the defendent

5 The claimants therefore claim the balance due under the agreement of £*****

I havent as yet acknowledged service of the summons defence needs to be there in 28 days

From my limited knowledge I have the following questions

As Lloyds havent supplied agrement asked for under cca act they have defaulted and have committed an offence and so it is unenforceable debt ... so solicitors going to court is contray to this isnt it ...... however I do knwo i fthey produce teh agreement then it is enforceable if drawn executed correctly etc so maybe this could be struck out as tehy ahvent produced teh agreement in the first place and tehy woudl then have to go throug process again .

About £600 i smade up of penalty charges etc which I havent claim yet reason is im too damn busy with other claims being stayed etc and trying to get them lifted my fault ....

As default notice includes some penalty illegal charges then the default notice is not valid and should be removed shouldnt it

Never had to be recollection a formal demand

What about the solicitors ignoring my faxed letters I do have copies and fax receipts .

Anyway would like any advice as how to react to summons what should I do ie write letter to solicitors what do I put on reply to summons etc and away to war with Lloyds and their solicitors . Needless to say if I am liable for this debt I havent the money to pay I have over £25000 worth of claims put in or to do go in if I HAD PAYMENT ON ALL MY FINANCES WOUDL BE A LOT BETTER THAN THEY ARE

I look forward to the ideas and strategy you all may help me with

regards Gaz

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car2403 I am posting on your thread to keep all the info on your case there. I find it very hard to follow with posts on the issue in different places. For others who would care to follow progress, there's a link here.http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110146-car2403-hfc-bank-default-6.html

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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car I understand what your saying & to a point I agree. However if you submit my argument then the judge must return to the other side before proceeding then if they do submit an amended claim you can submit a detailed defence.

 

My point is that it brings their action to a stop until they amend their claim accordingly in which case they should supply an enforceable agreement as part of it & if they don't you can make a part 18 request.

 

Of course all of this is based on the assumption that they haven't already particularized their claim at the outset

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Different words but the point I'm trying to make (but not so well) on car2403's thread JC.

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110146-car2403-hfc-bank-default-6.html#post1267150

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi JC, and I'm not arguing with you in this case, although I see you found the 2 links I'd already provided now.;)

 

I respect your knowledge and am glad to see you here contributing. :)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I hope I haven't missed something glaringly obvious but this thread is a bit on the large side when searching for something specific...

 

I was getting a little grief off HSBC over a missed payment or two on my credit card (due in turn to my ongoing argument with Alliance + Leicester), so out of curiosity more than anything I asked for a copy of the original agreement. This card was a case of them sending me a "pre-approved" application form/agreement which I just had to sign and I would get the card. What I've received looks to have the prescribed terms but has not been signed by anyone from HSBC - instead there is a date stamp.

 

I reckon that without a proper signature from HSBC this agreement has not been executed, is this correct? If so, what options do I have?

 

Thanks in advance,

Loz

hsbc sig box.jpg

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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Hi Loz,

 

This is a tricky one, so I'll refer you to our resident experts on these matters - Peter Bard and TomTerm8 - as they had an interesting discussion surrounding this exact question. It starts from post #87 and goes on for a few posts after;

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110146-car2403-hfc-bank-default-5.html#post1215186

 

IMO, an unsigned (no "squiggle" from the Creditor) agreement is an unexecuted agreement, so can't be enforced under s.59(1). In actual practise, a Judge may decide the agreement is executed and enforceable as there is a clear, legal intention to create a binding relationship - either by having a Company Logo on an agreement, or even this date stamp as in your case. It's arguable either way, so have a go, I say!

 

This could be another string to your bow if you have other issues with your agreement - missing prescribed terms, for example.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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I hope I haven't missed something glaringly obvious but this thread is a bit on the large side when searching for something specific...

 

I was getting a little grief off HSBC over a missed payment or two on my credit card (due in turn to my ongoing argument with Alliance + Leicester), so out of curiosity more than anything I asked for a copy of the original agreement. This card was a case of them sending me a "pre-approved" application form/agreement which I just had to sign and I would get the card. What I've received looks to have the prescribed terms but has not been signed by anyone from HSBC - instead there is a date stamp.

 

I reckon that without a proper signature from HSBC this agreement has not been executed, is this correct? If so, what options do I have?

 

Thanks in advance,

Loz

 

This is an example of an improperly executed agreement, which can only be enforced by the court. However, if you have been sent replacement cards over the life of the agreement and I would think that you've had a least one since 2003 that embodies chip and pin, then they are in breech odf section 85 of the CCA, the duty to supply a copy of the executed parties thereto. If the original agreement wasn't properly executed, they're cannot comply with section 85.

 

Mike

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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Hi Loz,

 

This is a tricky one, so I'll refer you to our resident experts on these matters - Peter Bard and TomTerm8 - as they had an interesting discussion surrounding this exact question. It starts from post #87 and goes on for a few posts after;

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110146-car2403-hfc-bank-default-5.html#post1215186

 

IMO, an unsigned (no "squiggle" from the Creditor) agreement is an unexecuted agreement, so can't be enforced under s.59(1). In actual practise, a Judge may decide the agreement is executed and enforceable as there is a clear, legal intention to create a binding relationship - either by having a Company Logo on an agreement, or even this date stamp as in your case. It's arguable either way, so have a go, I say!

 

This could be another string to your bow if you have other issues with your agreement - missing prescribed terms, for example.

 

Not as tricky as you may think, the SI that governs CCA agreements clearly states that to be properly executed the agrrement must be properly signed.

 

Mike

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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Not as tricky as you may think, the SI that governs CCA agreements clearly states that to be properly executed the agrrement must be properly signed.

 

Mike

 

Agreed, in fact s.189;

 

189. (l) In this Act, unless the context otherwise requires—

“ executed agreement” means a document, signed by or on behalf of the parties,

embodying the terms of a regulated agreement, or such of them as have been reduced

to writing

 

So, an unsigned agreement is unexecuted. I'm just covering the possibility, perhaps improbability, that a Judge decides against that argument.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Hi folks,

 

I'm in need of some advice regarding CCA request .... :confused: only registered with your group yesterday and I'm finding it a little difficult to navigate the masses of info available on the site!

 

I understand that the wording of a CCA request is critical, if so, is there anywhere I can set eyes on how it should read?

 

Also, I believe that there are different types of requests for different CCA's ... Is that right?

 

Hope to hear from some kind soul soon,

 

boa ...

It's difficult to remember that when you're up to your arse in crocodiles your objective was to drain the swamp.

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Can someone clarify what is the affect, if a creditor terminates an agreement without issuing a default or before the expiry of a default.

 

If they terminate without issuing, or haven't followed the correctly prescribed process, the Default (uppercase "D"!) or Termination (uppercase "T"!) are unlawful;

 

Failure of a Default Notice to be accurate not only invalidates the default

notice (Woodchester Lease Management Services Ltd v Swain & Co

NLD 14 July 1998) but is an unlawful rescission of contract which would

not only prevent the Court enforcing any alleged debt, but give the

Defendant a counter claim for damages. (Kpohraror v Woolwich Building

Society [1996] 4 All ER 119)

 

Hi folks,

 

I'm in need of some advice regarding CCA request .... :confused: only registered with your group yesterday and I'm finding it a little difficult to navigate the masses of info available on the site!

 

I understand that the wording of a CCA request is critical, if so, is there anywhere I can set eyes on how it should read?

 

Also, I believe that there are different types of requests for different CCA's ... Is that right?

 

Hope to hear from some kind soul soon,

 

boa ...

 

You'll find the templates here;

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

The CCA s.77/s.78 request is letter N

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Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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HI

Ther definition in secton 189 of unexecuted is there to illustrate the difference betwween the agreement in its various states of formation.

If the agreemnet is not signed by both parties it cannot commence.

 

If the agreement is functioning and money has beena advanced on it, you would have a very hard job indeed in convinceing the judge that the creditor did not intend to execute the agreement as no prejudice would be cause to the debtor in fact quite the contrary.

 

This is where section 61 comes in, this ensures that the agreement contains the various items that are nessesary fot it to be "properly exected" and can be used to challenge a functioning agreement under section 65. But this does not meen that the agreement is void the breach would be considerred in the same manor as any other breach of section 60.

Due referrence would again be given to the amount of prejudice caused to the debtor and in all honesty i cannot see how you could make a vilid claim that there was any.

 

Best regards

Peter

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DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

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HI

Ther definition in secton 189 of unexecuted is there to illustrate the difference betwween the agreement in its various states of formation.

If the agreemnet is not signed by both parties it cannot commence.

 

If the agreement is functioning and money has beena advanced on it, you would have a very hard job indeed in convinceing the judge that the creditor did not intend to execute the agreement as no prejudice would be cause to the debtor in fact quite the contrary.

 

This is where section 61 comes in, this ensures that the agreement contains the various items that are nessesary fot it to be "properly exected" and can be used to challenge a functioning agreement under section 65. But this does not meen that the agreement is void the breach would be considerred in the same manor as any other breach of section 60.

Due referrence would again be given to the amount of prejudice caused to the debtor and in all honesty i cannot see how you could make a vilid claim that there was any.

 

Best regards

Peter

 

Thanks Peter.

 

Supports my view that this won't stop enforcement, but will add to any other issues you have regarding form/content (e.g., missing prescribed terms, etc) in that it will show the Judge the Creditor hasn't executed the agreement properly.

 

I also have to agree that this, on it's own, isn't a reason to prevent enforcement by Court order - unless the Debtor can show prejudice caused. (Which is unlikely) I think I've said as much in an earlier post here.

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Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Supports my view that this won't stop enforcement, but will add to any other issues you have regarding form/content (e.g., missing prescribed terms, etc) in that it will show the Judge the Creditor hasn't executed the agreement properly.

 

I also have to agree that this, on it's own, isn't a reason to prevent enforcement by Court order - unless the Debtor can show prejudice caused. (Which is unlikely) I think I've said as much in an earlier post here.

 

Thanks for your comments chaps, much appreciated. I wasn't expecting to discover that a lack of signature by HSBC meant that I didn't owe them a bean, but I can dream eh? At the very least it would have been nice to ask them for a refund of all the interest they've charged ;)

However it may prove a useful weapon at some stage in the future...

 

Loz

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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Thanks for your comments chaps, much appreciated. I wasn't expecting to discover that a lack of signature by HSBC meant that I didn't owe them a bean, but I can dream eh? At the very least it would have been nice to ask them for a refund of all the interest they've charged ;)

However it may prove a useful weapon at some stage in the future...

 

Loz

 

 

.....Not allowed to dream on CAG - we're all too sharp for dreaming! :p

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Thanks for your comments chaps, much appreciated. I wasn't expecting to discover that a lack of signature by HSBC meant that I didn't owe them a bean, but I can dream eh? At the very least it would have been nice to ask them for a refund of all the interest they've charged ;)

However it may prove a useful weapon at some stage in the future...

 

Loz

 

Loz, don't think this automatically means you have an enforceable agreement! Start your own thread and scan/post a copy of what you have, removing your personal details, so we can see what you're up against - I'd give you 10/1 that the agreement is improperly executed! (I would put my house on it, but my mortgage company may have something to say about that!)

Always happy to help where I can!

:lol:

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Not as tricky as you may think, the SI that governs CCA agreements clearly states that to be properly executed the agrrement must be properly signed.

 

Mike

 

A lot of agreements on here are missing the creditor's signature which means the agreement is improperly executed and only enforceable by the order of a court.

 

My question is, if the court's decision was to enforce the agreement would it be retrospective, or could we argue that whilst the agreement was improperly executed the contract could not be enforced so there was never no legal entitlement by the creditor to apply interest. Would the creditor only be allowed to enforce the agreement from the date the court makes the deceleration that the agreement is enforceable.

 

Paul

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Hi cashin,

 

i can answer that question for you,

 

you only need to send one request per account, so if a DCA is chasing you for payment then if you cca the dca you do not need to send another request to the original creditor

 

the DCA is under an obligation under the cca 1974 to pass the request onto the OC if they dont hold the relevent documents

 

regards

paul

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  • dx100uk changed the title to Cap1 & CCA return

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