Cap1 & CCA return

[terlyn1104]

Hi Car2403

 

Thanks for your prompt reply - I thought it might be a load of rubbish - but need to know what to do next!!

 

I might be dumb here but how do I start a new thread???

[mrebuzz]

hello all, this is my first post but have been reading posts for quite sometime, finding the information very useful. i am looking for some advise on CCA request with HSBC if possible.

 

my situation is i had a student bank account where i went over my overdraft limit after going into hospital for three opps - so the bank cancelled the visa card, my credit card and overdraft putting it all into a managed loan. it came to about £2100 after being stung by moneyshop, but my limit was £1500. my balace went to 0.00 with no overdraft, no CC and a electron card.

 

7 months later i got a letter saying my limit is now £1500 which i have used? i then went into the bank about 12 months ago just before they changed the T & c of my overdraft charging me 25.00 for the pleasure and putting up my interest rate, but i didn't sign anything. the lady said i should not have had the overdraft as i have a managed loan. i only owe 341.87 now on the managed loan but does the CCA cover both or just the managed loan, and if so is the mistaken overdraft non-enforceable but i continue to pay the managed loan, or will the new overdraft with the same account number as my old one be under the same cca? i think they could send the old CCA for the mistaken overdraft.

 

sorry to hijack the original thread

 

mrebuzz

[nickolp]

new to all this and need help. so sorry if hijacking thread. took a joint loan out with ex and have paid her half of the loan amount to her satisfaction and told me that my part of it was sorted, until recently i recieved a letter from blair oliver scott trying to recover the money from me, now my ex sorted the loan out in 2001 and i cant remember sighning anything, how do i request for the agreement, and also 18 months ago she got help with debt consolidation people to help her with debts which she said included this one, what do i do as i do not want to pay twice????? many thanks

[foolishgirl]

Hi Mrebuzz

 

Like Richard & terlyn above, it would be more helpful for you if you could start a new thread in the appropiate forum for each of your accounts. This thread is so large your queries are likely to get overlooked here.

 

To start a new thread, go to the front page of CAG forums:

http://www.consumeractiongroup.co.uk/forum/

Click on the forum you think is correct for your query then at the LH side, just below the announcments you will see the 'New Thread' button. Click on it & you're away...

 

Useful link for newbies: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[mrebuzz]

have done...thankyou

[sanrhythm]

 

Recieved MBNA sign copy together with letter copy is not readable at all please help what next?

Edited February 4, 2009 by sanrhythm

[the ghost of thain]

may i formally bring to the attention of our subscribers the follwing post from alanfromderby

 

quote

 

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=&a=149

 

 

Have you had dealings with a West Yorkshire based Debt Collection Agency?

 

If so, we have received this request for help:

 

I'm a journalist at the BBC, working in local radio in West Yorkshire. I'm interested in hearing from anyone who has had dealings with any West Yorkshire based debt collection agencies. If you too are based in West Yorkshire that would be ideal, however I'm still very interested in hearing from people all across the UK.

 

After initial chats at some stage I may wish to do a pre recorded interview with you. If anyone would like to get in touch to tell me about their past or current situations with West Yorkshire DCAs please contact me at: [email protected]

 

unquote

[pudsters14]

I am appealing for some urgent help on my thread: http://www.consumeractiongroup.co.uk/forum/legal-issues/77464-pudsters14-mbna-16.html ........................ Please have a look. I have put together a witness statement and have to provide the court with copy of all the docs I am planning to rely on. Everything is on my thread... the order from court, the amended defence, the new p.o.c. from Link and my witness statement up to now..... would really appreciate some feedback on my witness statement and what I do with these copy of documents... thanx. Pudst x x x x

[Scrapper]

Ladies and Gents

 

Today I received the following letter from MBNA in the post

 

Thank you for your letter dated 14th Jan 2009

 

It is our ounderstanding that only a Judge can decide if an agreement is unforceable. We would like to clarify our position in this regard. If a lender did fail to comply with S78, that lender may be prevented from taking certain steps to enforce a credit agreement (until such time as S.78 was satisfied) - but the underlying credit agreement itself, together with the borrowers obligation to repay, would remain vaild and intact. For the avoidance of any doubt we would like to confirm that MBNA has provided all thew necessary information under S.78 and in any event, your credit agreement has remained valid and your obligation to repay in tact. As such, any sums outstanding on your account are still owing and due and until these sums are repaid, this information will continue to register at the credit reference agencies.

 

MBNA is not able to stop processing your personal information. Part of the terms and conditions of the credit card account held by you state that MBNA will use credit reference information to manage your account and that MBNA report account information to those credit reference agencies. Under the Data Protection Act, MBNA must report accurate and up to date information at all times. As you have used the card and incurred a debt this will be reported with the credit reference agencies, as will any breach of contract by failure to meet your monthly payments.

 

I trust this clarifies our position and we will continue to contact you for payments if the account is in arrear.

 

1. They never supplied me with a true copy of my CCA (Had account 15+ yrs) with my signature on it. I even requested it twice.
   
2. Just sent me current terms and conditions.
   
3. The only responded when I sent second letter (I do not acknowledge and det to your company)
   

Can anyone help me with the next steps cause as I understand it if they can't provide me with a true copy with my signature on it the can't enforce it, but I'd just like to be clear as I can see the next step being welcome to court.

 

Many many thanks

 

Scrapper

 

1. 
   

[fleeced_by_rbos]

Hi Scrapper, I am not sure of the exact wording of the act (I'll try a Google search) but in laymans terms the act states that if the lender fails to comply with S.78 then they:

 

• may not demand any payment on the account, nor is the alleged debtor obliged to offer any payment to them
  
• may not add further interest or charges to the account
  
• may not pass the account to a third party
  
• may not register any information in respect of the account with any credit reference agency
  
• may not issue a default notice related to the account
  

which continues to apply until the lender is able to produce a properly executed agreement or the agreement is enforced by a court.

 

MBNA don't seem to realise that processing personal information and the alleged debt are only valid whilst the agreement is legally valid and that failure to comply with S.78 means that it is not enforceable until as such time as it made enforceable and therefore their rights under that agreement cannot be asserted until that time.

 

I think the bit about only a judging finding an agreement unenforceable is crucially the opposite of the what the law states. Only a judge may find a agreement enforceable if it does not comply with the act. So the fact it does not comply and you have requested a properly executed copy means that it is now unenforceable and the above rules apply until such time that they produce a properly executed copy or take you to court to get it enforced.

 

In other words, MBNA must cease doing anything related to the account until they produce the goods or a court agrees with them within the strict rules that it is permitted to do so.

 

Just my few pence worth!

FBR

[ncf355]

Hi all

 

had a letter from lovely, cuddly Cabot today

 

Not heard from them before and this letter states:

 

"Your Cabot account is overdue

 

Weve recently obtained confirmation that you live at the above address. Your account is overdue and we need to talk to you as soon as possible"

 

 

"Call us on..........................and speak to one of our helpful customer advisors....."

 

It of course gives a Cabott reference of:

 

76534658CabotdoyouthinkIdbethatstupidtoputithere

 

 

 

 

Is this just a fishing exercise, as no Original Creditor is given (or balance)

 

What can I expect next following my obvious reaction of "file and forget"

 

?

[lexis200]

Hi Scrapper, I am not sure of the exact wording of the act (I'll try a Google search) but in laymans terms the act states that if the lender fails to comply with S.78 then they:

 

• may not demand any payment on the account, nor is the alleged debtor obliged to offer any payment to them
  
• may not add further interest or charges to the account
  
• may not pass the account to a third party
  
• may not register any information in respect of the account with any credit reference agency
  
• may not issue a default notice related to the account
  

which continues to apply until the lender is able to produce a properly executed agreement or the agreement is enforced by a court.

 

MBNA don't seem to realise that processing personal information and the alleged debt are only valid whilst the agreement is legally valid and that failure to comply with S.78 means that it is not enforceable until as such time as it made enforceable and therefore their rights under that agreement cannot be asserted until that time.

 

I think the bit about only a judging finding an agreement unenforceable is crucially the opposite of the what the law states. Only a judge may find a agreement enforceable if it does not comply with the act. So the fact it does not comply and you have requested a properly executed copy means that it is now unenforceable and the above rules apply until such time that they produce a properly executed copy or take you to court to get it enforced.

 

In other words, MBNA must cease doing anything related to the account until they produce the goods or a court agrees with them within the strict rules that it is permitted to do so.

 

Just my few pence worth!

FBR

 

Hi

 

I don't think this is strictly correct IMHO. What it actually says is it becomes unenforceable, there is no mention of what they can and can't do. What we take it to mean is as above, but really all we can say it certainly means is that they can't take it to court/get a judge to enforce it.

 

I only mention it because I was looking all over the place for where it actually stated the above as all the letters I was receiving were saying it wasn't true. I asked on here, and essentially learnt what I've written.

 

Failure to comply with S78 does not necessarily mean they don't have the document. It is possible that it is in the deepest darkest recesses of their storage facilities and in order to keep within the timescale they just send out something that complies with the Act. There is a big difference between them not complying and the agreement being unenforceable. One does not necessarily mean the other.

[underdog13]

Not certain, but isn't this part of the OFT guidelines on debt collection?

• may not demand any payment on the account, nor is the alleged debtor obliged to offer any payment to them
  
• may not add further interest or charges to the account
  
• may not pass the account to a third party
  
• may not register any information in respect of the account with any credit reference agency
  
• may not issue a default notice related to the account
  

[lexis200]

Hey Underdog:)

 

That's what I thought but I couldn't find it, and when I asked directly no-one else came up with the part of any of the relevant Acts where it is stated. And even if it is in the guidlelines, as they are just that, guidelines, it wouldn't be 'may not' it would be 'should not'. Plus the banks don't have to take any notice of them as they're not law.

 

That's my point though, I don't think it does state those things anywhere as an actual legal fact that we can fall back on and quote to them. If anyone can correct me and show me the legislation though please do, it'd be dead handy!!

 

Having said all that I do still stick it in my letters as it seems to wind them up no end:D

[underdog13]

Hi Lexis,

I wonder if another tack to take would be under unfair business practices - knowingly selling on a debt that cannot be collected on would by definition be pretty unfair I would say.

[lexis200]

That's an interesting thought...

[Having_A_Knightmare]

Hi all

IF a Court order directions say within 14 days of services of the order is that 14 days from the date on the order or when they receive it?

 

Cheers

HAK

[Viscount Stair]

It certainly used to be 14 days from the date on which the order was sealed (ie date stamped by the court), not from the date on which it was made in court nor from the date on which it was served.

[Having_A_Knightmare]

Cheers VS I will go with that.

 

Basically The Judge made it on the 19th and it was issued on the 20th Jan.

Therfore they have till 3rd of Feb then they are in breach.

 

Also anybody konw what happens if the claimants dont pay the hearing fee on time?>

 

HAK

[AnimalMagic]

If you mean the allocation fee, the case is stayed and you may apply to have the claim dismissed.

[car2403]

Cheers VS I will go with that.

 

Basically The Judge made it on the 19th and it was issued on the 20th Jan.

Therfore they have till 3rd of Feb then they are in breach.

 

Also anybody konw what happens if the claimants dont pay the hearing fee on time?>

 

HAK

 

There is a hearing fee to pay 7 days before the final hearing.

 

If they haven't paid before the hearing, it won't go ahead - for one reason or another, my claim with O2 didn't have it's hearing fee paid and the Court Usher checked with the Judge who gave a threat of removing the hearing from the day's listings if it wasn't paid by the 10:00am hearing time... It was quite funny, though, as the hearing was listed for 10:00am and the bleeding counter didn't open until 10:00am, so the Usher had to go to get someone from the Counter to come and see me in the waiting room before 10:00am!!!

 

Anyway, the gist is they can pay the fee on the day, but if it isn't paid, the hearing will be delisted, the claim stayed and they will probably have to apply to the Court to lift the stay and explain why they didn't pay.

[paulwlton]

Am i right in saying that agreements entered into post May 31 2005 are governed by the 2004 regs and am i right in saying that there was no amendment of schedule 6 in relation to the prescribed terms as per the 1983 regs.

 

PW

[MAGDA]

Hi all

IF a Court order directions say within 14 days of services of the order is that 14 days from the date on the order or when they receive it?

 

Cheers

HAK

 

I was informed by the court that the claimant has the period specified on the order (from the date of the order) + 2 extra days. If the claimant doesn't comply within that timespan you can ask for the claim to be struck out. Magda

[steven4064]

PW

 

You are right that Schedule 6 of the Consumer Credit (Agreements) Regulations 1983 was left unchanged by the Consumer Credit (Agreements) (Amendment) Regulations 2004

[paulwlton]

PW

 

You are right that Schedule 6 of the Consumer Credit (Agreements) Regulations 1983 was left unchanged by the Consumer Credit (Agreements) (Amendment) Regulations 2004

 

Thank you.