Cap1 & CCA return

[car2403]

Hi

 

Just a thought

 

HI

Has anyone lookes into the legalities of this action.

The consumer credit act gives the crditor the option of terminating the account given the statutory notice and with just cause but the act says that the creditor is to supply credit upto the crdit limiton a correctly executed agreement, to arbitralrily remove this without just cause is surely in breach of the act.

Wnatever it says within the Egg terms and conditions the no opting out clause of the Consumer Credit Act ensure that no terms in the creditors T and cs can overide the act. Isn't this unlawful recession of contract.

Best regards

Peter

 

Interesting point well stated, Peter.

 

This happened to me when I sued Barclaycard for reclaim of charges - they "removed" the credit limit so I couldn't use the account, despite it being in credit. In fact, the account is still on my CRA file as "active" with a zero balance and £700 credit limit, so the account hasn't been closed but I can no longer use it.

 

I think you could be right!

 

Also, how can they arbitrarily search your credit file to see if you are "a good customer" - surely that's an abuse of your consent under the DPA also?

 

I bet this goes on a lot behind closed doors, but Egg is the first I've heard of to do it publicly.

[FANTASY CHARGES]

Hi

 

Just a thought

 

HI

Has anyone lookes into the legalities of this action.

The consumer credit act gives the crditor the option of terminating the account given the statutory notice and with just cause but the act says that the creditor is to supply credit upto the crdit limiton a correctly executed agreement, to arbitralrily remove this without just cause is surely in breach of the act.

Wnatever it says within the Egg terms and conditions the no opting out clause of the Consumer Credit Act ensure that no terms in the creditors T and cs can overide the act. Isn't this unlawful recession of contract.

Best regards

Peter

 

 

If only we could contact these 186,000 people and get them to send in a section 78 CCact request wouldn't they end up with egg on their faces

[elizabeth1]

How trustworthy is your bank? | Money | The Guardian

 

 

Well Done Paul - nice to see some of this stuff being made public. Let's hope it helps make consumers aware of what can be going on.

[Peterbard]

Hi

Interesting peice in Credit today I have just copied it.

 

"More than five million people failed to make a monthly repayment in the last half of 2007, increasing the revenue made by credit card providers on missed payments, figures show.

 

Research by comparison website moneyexpert.com found around 11 per cent of cardholders did not make a repayment on at least one occasion during the six months to 21 December 2007.

 

This is a two per cent increase on the number of people unable to keep up with their credit card commitments in the previous six months to 4 June, when just over four million people missed a monthly payment.

 

With every late payment incurring a charge of £12, credit card firms are estimated to have made around £61m in the six months to December 2007 compared with £50m in the period leading up to June."

 

I thought thes charges wer are justifiyable service charge and wher soley to cover costs so why the 11m increase in net profit. More grist for the mill

 

Best regards

peter

[wednesday1867]

Talking about Egg, i CCA'd them last year on an Egg Loan, swapped from a Egg Credit Card. The agreement isnt enforcable, everything has stopped, no payments, nothing heard about this account from Egg.

 

Think is i have a default on my credit file regarding this.

 

Is it possible to get the default removed as there isn't an agreement? Would i want to stir a wasps nest? What would happen to the outstanding balance?

 

I'd like to force their hand, obviously if they ever find it, they can come back to me, but if i push forward onto court for removal of the default, if i win cos of the lack of the agreement, what happens with the outstanding balance and does all history of this account come off my credit file?

 

Thanks

[car2403]

Talking about Egg, i CCA'd them last year on an Egg Loan, swapped from a Egg Credit Card. The agreement isnt enforcable, everything has stopped, no payments, nothing heard about this account from Egg.

 

Think is i have a default on my credit file regarding this.

 

Is it possible to get the default removed as there isn't an agreement? Would i want to stir a wasps nest? What would happen to the outstanding balance?

 

I'd like to force their hand, obviously if they ever find it, they can come back to me, but if i push forward onto court for removal of the default, if i win cos of the lack of the agreement, what happens with the outstanding balance and does all history of this account come off my credit file?

 

Thanks

 

Check this out;

 

Here is the link to photobucket so you can see the image full size - hopefully.

 

Flash

 

This is also VERY useful here;

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=1924&d=1201857472

[revolting peasant]

On the subject of agreements, could I point you to this thread please as I desperately need some advice on where I stand with this now. It saves me repeating myself.

 

Thanks

Peasant

http://www.consumeractiongroup.co.uk/forum/natwest-bank/125975-peasant-natwest-no-cca.html

[Having_A_Knightmare]

Car

This letter is brilliant.

 

Where did you get it from

[gaz2006]

Check this out;

 

 

 

This is also VERY useful here;

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=1924&d=1201857472

cant get above link to work can anyone else regards Gaz

[tifo]

yes, i've downloaded it. Must also be available from the ICO titled "Data Protection Technical Guidance".

[tifo]

Car

This letter is brilliant.

 

Where did you get it from

 

It's here http://www.consumeractiongroup.co.uk/forum/general-debt/125119-ccas-post-april-2007-a-3.html#post1359065

[maybelline]

yes, i've downloaded it. Must also be available from the Information Commissioners Office titled "Data Protection Technical Guidance".

:D

[car2403]

Car

This letter is brilliant.

 

Where did you get it from

 

From this thread;

 

http://www.consumeractiongroup.co.uk/forum/general-debt/125119-ccas-post-april-2007-a-post1359065.html#post1359065

[Having_A_Knightmare]

Car

 

Hes going to post the whole letter on so it will be good to throw at creditors

[tifo]

Car

 

Hes going to post the whole letter on so it will be good to throw at creditors

 

Hope he does.

[maybelline]

modified agreements

 

http://www.berr.gov.uk/files/file42664.pdf

 

response to this (I think)

RegulationofModifiedCreditagreements.pdf

[gaz2006]

modified agreements

cant open this i think is pop up problems but cant take off pop up blocker

[patrickq1]

its opened for me may

patrickq1

[patrickq1]

sorry gaz2 lol

[celebrity debtor]

http://www.consumeractiongroup.co.uk/forum/show-post/post-1360980.html

 

GECF's application of fees and charges on store cards differs from that of many credit card issuers. Fees and charges are applied by GECF only to cover costs. GECF believes that many credit card providers apply late payment fees and over-limit charges to a much greater proportion of customers in any particular month than is the case for GECF and that for some of these providers fees and charges represent a significant source of net income20

 

whilst the above statement applies strictly only to GE storecards it gives an insight into their costs (meaning very little) it is believed that they charged zero cost for default notices and overlimit credit card fees but this needs confirmation

[wednesday1867]

Thanks for the links.

 

Do the ICO have the authority to remove defaults and are they the best bet to start with? Pr would it be easier just going to court?

[un1boy]

Thanks for the links.

 

Do the Information Commissioners Office have the authority to remove defaults and are they the best bet to start with? Pr would it be easier just going to court?

 

Nope - they have no power at all.

 

They can only tell you if they think the company have commited an offence and if they have then you'll have to take legal action.

 

They are like the OFT, FSA and FOS - completely useless.

[humbleman]

Nope - they have no power at all.

 

They are like the OFT, FSA and FOS - completely useless.

 

100%

 

I have said before OFT+FSA+FOS+Information Commissioners Office = DDT

[un1boy]

100%

 

I have said before OFT+FSA+FOS+Information Commissioners Office = DDT

 

DDT?

[Having_A_Knightmare]

Can the ICO award compansation?