Jump to content


Cap1 & CCA return


tamadus
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3989 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

thanks for all the advice....i have a copy of the original from when i took the loan out and thought about putting new sigs in to see what came back.....me and my devious mind....but i have opted to send a letter from both of us with no signature on and have told them they are quite happy to send correspondnace to me at my address so what makes this different?

 

thanks for all advice

Link to post
Share on other sites

  • Replies 17.4k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

thanks for all the advice....i have a copy of the original from when i took the loan out and thought about putting new sigs in to see what came back.....me and my devious mind....but i have opted to send a letter from both of us with no signature on and have told them they are quite happy to send correspondnace to me at my address so what makes this different?

 

thanks for all advice

 

When companies ask for too much info to deal with a CCA or SAR I always say I am concerned about identity theft and if they want to take the responsibility I am happy to comply with their request and send what they asked for. Strangely they usually just send the info out then....

:grin:

Link to post
Share on other sites

If you get what you consider is an unenforceable CCA and you stop paying the monthly repayments and that CCA does in fact turns out to be enforceable or it is enforced by the court, what happens when you have to start paying monthly repayments again?

 

Do you have to make up the payments you have missed?

 

Can you be charged interest now for the time the account was in dispute?

 

Or does the balance start from the date the account became disputed?

 

jax

:cool:

Link to post
Share on other sites

If you get what you consider is an unenforceable CCA and you stop paying the monthly repayments and that CCA does in fact turns out to be enforceable or it is enforced by the court, what happens when you have to start paying monthly repayments again?

 

Do you have to make up the payments you have missed?

 

Can you be charged interest now for the time the account was in dispute?

 

Or does the balance start from the date the account became disputed?

 

jax

:cool:

 

HI

 

I am affraid that you will be liable for all payments missed and any interest incurred on those payments. You should however challenge any penalty charges.

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

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

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Hi

 

Sorry to butt in, but there's poster who could really do with some help. She's dealing with her mother's account, and has just received a default notice a week after MBNA have received a CCA and an SAR.

 

She's not getting much in the way of replies, so if anyone can have a wander over and give her some advice, I think she'd really appreciate it.

 

http://www.consumeractiongroup.co.uk/forum/mbna/160721-moonwitch-mbna.html

 

Thanks

 

Lexis

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Just a quick question. If a claimant's claim is struck out (because they didn't respond to the defendant's defence (as ordered by the judge), can the defendant then claim costs. I am in this situation and wondered if I can submit a claim to the court, as the claims were quite far along at the time they were struck out. Thanks, Magda

Link to post
Share on other sites

Hello katie,

 

 

Just had a thought!:rolleyes:

 

 

You could re-send the request with your postal order. Only this time, both you and your OH could sign it with a completely different style of signature than you would normally use!

 

This way, if Northern Rock get up to any little tricks with an "alleged copy of your CCA", then you will be able to tell straight away!!!;)

 

 

Regards, Jeff.

 

I agree.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

Link to post
Share on other sites

Alternatively you could sign your partner's name and he could sign for you. This is what I have been doing for some while now and it has been accepted. :)

 

Or, just "PP" it!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

Link to post
Share on other sites

Just a quick question. If a claimant's claim is struck out (because they didn't respond to the defendant's defence (as ordered by the judge), can the defendant then claim costs. I am in this situation and wondered if I can submit a claim to the court, as the claims were quite far along at the time they were struck out. Thanks, Magda

 

I would have thought you can enter a wasted costs order?!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

Link to post
Share on other sites

MAGDA try this link here for info on wasted costs orders etc..

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

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

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

Link to post
Share on other sites

HI

 

I am affraid that you will be liable for all payments missed and any interest incurred on those payments. You should however challenge any penalty charges.

 

Peter

 

 

Thank you Peter ... appreciated.

 

Regards

jax

:cool:

Link to post
Share on other sites

Hi

 

It seems a few creditors are using section 61(b) of the act to argue that the prescribed terms can be "embodied within" an agreement (ie elswhere, as long as expessly mentioned), in fact the prescribed terms are to be contained within the agreement as referred to in section 61(a), section 61(b) refers to other terms.

 

The term "contained" as in 61(a) and SI 1983/1553 refers to the terms as prescribed by section 60, and specifically to those as defined in schedule 6 of the SI.This means that means they should be within the document and cannot be in another one(even if experessly refferred to). This is the position taken by Goode and is generally accepted.

 

Regards

Peter

 

Best regards

Peter

  • Haha 2

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

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

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Hi

 

It seems a few creditors are using section 61(b) of the act to argue that the prescribed terms can be "embodied within" an agreement (ie elswhere, as long as expessly mentioned), in fact the prescribed terms are to be contained within the agreement as referred to in section 61(a), section 61(b) refers to other terms.

 

The term "contained" as in 61(a) and SI 1983/1553 refers to the terms as prescribed by section 60, and specifically to those as defined in schedule 6 of the SI.This means that means they should be within the document and cannot be in another one(even if experessly refferred to). This is the position taken by Goode and is generally accepted.

 

Regards

Peter

 

Best regards

Peter

 

Yes, and this was also the approach taken by the Wilson case judges.

Link to post
Share on other sites

It's all in the Goode Consumer Credit Law and Practice (page 322) or Blackstone's Guide to the Consumer Credit Act.

Edited by ukaviator

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Hello all,

:-? i have just recently become aware of a contract law with regards to any unsecured loans/credit cards taken out before April 2007 and a way that these debts can be written off. i would like to know if this is for real and of any companies that deal in this for you or if you can go about this yourself. please let me know any info with regards to this

Link to post
Share on other sites

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

Link to post
Share on other sites

Morning everyone.I recieved this letter on 23rd Sept.From ARC Europe acting for EGG Credit card.I have recieved a two page badly copied CCA afrom egg dated december 200.(TWO ZERO ZERO) and a second page different type face apparently signed by me in Jan 02.Statements from 2004 and some from 2006.Before I discovered this forum I sent egg and arc alist of liabilities etc and offered £1.per month I signed a DD to arc for £1.00 payable over the next 999 months I'm 60 so this will run untill I'm 143 years old.Here is extract from ARC letter How do I respond?

 

Thank you tor your recent letter received on !"' September. Your letter acknowledges the documents we received from our dient following your request and these were enclosed with our letter of 19th August. Our instructions are that the documents, supplied are compliant and you may wish to take legal advise in this respect. Although Your letter states that you dispute the debt, you have so far given no grounds for a defence to our client's claim for the above balanceon your account. In fact, to the contrary. vou have provided us with Information as to your financial circumstances and made ten payments towards the debt. If vou deny having entered into an agreement our client or having used the credit card, please confirm this in writing in order that we may seek our client's further instructions. Would you also please specify whether you deny all or just part of the above balance?

! wil! place this account on hold for a final seven day period and would be grateful for your reply within that period.

 

Thanks for your help.

Link to post
Share on other sites

Morning everyone.I recieved this letter on 23rd Sept.From ARC Europe acting for EGG Credit card.I have recieved a two page badly copied CCA afrom egg dated december 200.(TWO ZERO ZERO) and a second page different type face apparently signed by me in Jan 02.Statements from 2004 and some from 2006.Before I discovered this forum I sent egg and arc alist of liabilities etc and offered £1.per month I signed a DD to arc for £1.00 payable over the next 999 months I'm 60 so this will run untill I'm 143 years old.Here is extract from ARC letter How do I respond?

 

Thank you tor your recent letter received on !"' September. Your letter acknowledges the documents we received from our dient following your request and these were enclosed with our letter of 19th August. Our instructions are that the documents, supplied are compliant and you may wish to take legal advise in this respect. Although Your letter states that you dispute the debt, you have so far given no grounds for a defence to our client's claim for the above balanceon your account. In fact, to the contrary. vou have provided us with Information as to your financial circumstances and made ten payments towards the debt. If vou deny having entered into an agreement our client or having used the credit card, please confirm this in writing in order that we may seek our client's further instructions. Would you also please specify whether you deny all or just part of the above balance?

! wil! place this account on hold for a final seven day period and would be grateful for your reply within that period.

 

Thanks for your help.

 

Hi Loramos, Whether you entered into an agreement or not, or whether you used the credit card is irrelevant. You are actually disputing the enforceability of the agreement in question. The fact that you previously made repayments to the account is irrelevant also. Egg need to provide a CCA containing all of the prescribed terms, together with the T&Cs applicable at that time and also a statement of account.

 

I also had an egg credit card which was being handled by Moorcroft. I asked for a copy of my CCA and they sent a two page doc, which sounds exactly like yours. I had read on the forum that it was enforceable, but contacted Moorcroft anyway and disputed the fact that it is over two pages, with no apparent link between either page, also stated that t&c's had not bee provided or statement of account. I didn't hear anything from Moorcroft for several months. They finally contacted me again around two months ago stating that egg were going to send t&c's to me, but I haven't heard anything since and they don't appear to be pursuing the debt, which is unusual for Moorcroft.

 

I think it is certainly worth contacting the company again and highlighting any issues you have with the docs they have sent so far and then take it from there.

 

Good luck,

 

Magda

Edited by MAGDA
typo
Link to post
Share on other sites

  • dx100uk changed the title to Cap1 & CCA return
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3989 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...