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Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

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santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

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http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

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Bank accounts aren't regulated by the CCA - they are regulated by the FSA.

 

Overdraft agreements are regulated by the CCA, however - despite the Banks' efforts to blind consumers with legal mumbo-jumbo to hide the facts - so are challengable on the same grounds as any CCA. The only difference will be that Overdrafts are exempt from the Agreement regulations due to a s.74 CCA 1974 Determination issued by the OFT - to benefit from the Determination, however, the Bank has to comply with it's terms, meaning they have to send you details of the interest rate and charges applicable when you apply for the Overdraft, or shortly afterwards, plus how they will terminate the agreement. If they don't comply with the Determination, the debt will be unenforceable in Court. This is a little gem that they don't want you to know, but it does work, believe me;

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/110184-car2403-barclays-bank-default.html

 

Car2403, thanks for that. Much appreciated!:)

Mint - Won! WCO not granted by court. :)

BlackHorse Loan- Won! WCO not granted. :)

 

Easy Money & More Than (Lloyds) - Won! Had been offered half of settlement prior but declined. :)

 

Capital One - Won! :)

 

BlackHorse PPI- WON £3,000, Claimed 4,500! :)

 

CitiFinancial - WON! :)

 

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Car to clarify, you can ask for a cca in relation to a bank overdraft? they should send you out certain information prior to agreeing an overdraft limit but you dont have to sign anything usually, how would they proove or you disprove this information was sent out?? a sar?

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Does anyone know if an agreement can be faxed i just received a supposed fax outlining an application for credit agreement which i never ever received an agreement for.

 

On top of that the creditor is dell financial services

 

then it says cit group

 

then tyco capital all on different pieces of paper

Edited by mikedesign
missed out the creditors
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Could you post the papers up mikedesign (minus personal details of course) so CAGers could be more specific on the advice?

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi - just an update on the FOS response to my CCA case:

 

They say the appropriate forum for me to do that would be the courts. Not suprised at all by this as they routinely turn around with CCA matters and say, "Not our area".

 

They acknowledge that Sainsburys didn't even send me terms and conditions for nearly 10 months.

 

They say that 'enorceable' realtes to 'enforceable in a court of law' and that the 'normal administrative operations of the account such as charging interest, or seeking repayment is not disputed'.

 

They also say that the fact that I have been continuing to make payments to the account suggest that there is no 'dispute' in the OFT sense and that I am not disputing any debt to Sainsburys (Rather than a recognition that I need a good credit record to work and that forcing the situation into a default to get taken to court to resolve the CCA issue would be damn near useless for me if I had to resign from work!)

 

Also that the OFT do not prohibit interest of charges being added to loan accounts when in dispute and not credit card accounts.

 

The Bank are deemed not to require to forward copies of the term of the agreement at the time it was opened but can get away with current terms and conditions.

 

That the correct course of resolving this would be in court if I was a defaulting debtor (so, they're effectively asking me to stop paying and force Sainsburys to take me to court!)

 

I'm not disappointed as I've read from other people that the FOS don't exactly view these matters favourably. Oh well, let's hope they FOS take them to task on the pre-ticked PPI acceptance box on the CCA!

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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Does anyone know if an agreement can be faxed i just received a supposed fax outlining an application for credit agreement which i never ever received an agreement for.

 

On top of that the creditor is dell financial services

 

then it says cit group

 

then tyco capital all on different pieces of paper

 

It does look enforceable to me mikedesign. Tyco capital are the finance company dell used and cit group - I have no idea what that is about. When did you last make a payment on this and how much do you owe them?

Edited by Goldlady
cit group - who are they?

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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I agree with Goldlady, the agreement seems all in order. The only quibble might be that it ought to say "fixed sum crdit agreement regulated by the consumer credit act 1974" at the top. THis would make it not properly executed but it would still be enforceable.

Steven

 

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Hi to all and many thanks for the advise and help given so far.

 

I sent off the following letter to MBNA and Barclaycard a few days back after not receiving the required information with previous requests for a true copy of my credit agreement (T&C sent only by both) nothing with my signature on it. So I sent them the I do NOT acknowledge any debt letter followed by the account is in dispute letter only to recieve a letter from MBNA basically stating they had forefilled their legal requirements and can do what they like and for Barclaycard to sent me my T&C's again. Still nothing from either of them with my signature on.

 

ACCOUNT IN DISPUTE

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your letter dated 27th January 2009, the contents of which are noted.

 

Your attention is drawn to the fact that this account is subject to a serious dispute. On.21st January 2009 & 29th January 2009 I requested that ........................ supply me a copy of the original signed credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date ............................. has failed to comply with my request. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to ............................., nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974.

 

For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states…

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

 

 

Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement;

 

Clearly this is a situation as described in S.78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced.

 

 

To clarify S.61(1) states

 

(1)A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible

 

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

 

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced..

 

At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as ............................. become compliant with my request. As .............................are still not in compliance with my request I insist that the following takes place with immediate effect

 

All entries which refer to missed payments be removed from my credit file

All collection activities cease with immediate effect until .............................comply with my request from date 21st January 2009 & 29th January 2009 or such time as a court makes an enforcement order.

In addition, I draw your attention to the Office of Fair Trading’s guidance on Debt Collection

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

What I Require.

 

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

 

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40 as well

 

No other correspondence will be accepted

 

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful

 

I trust this out lines the situation

 

I true form I recieved yet another copy of their current terms and conditions and NOTHING with my signature on it.

 

Any help with my next steps would be very appreciated as this is getting most annoying now as they either don't understand the CCA regulations or they really do tink they are in the right and as I'm no legal eagle I'm getting confused myself.

 

Many thanks in advance

 

Scrapper Coco :cool:

"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

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Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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"pre-ticked PPI" request?

 

*ears prick up*

 

Where? You have a claim against them if you didnt specifically agree to this.

 

Messes up the entire contract and probably makes it fataly flawed as a result and therefore, irredeemably unenforceable.

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Just got to inform the Court that a company that are taking me to Court have not not complied with a Directions Order from the Judge

 

HAK

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Hmm...not sure, HAK

 

If it was me I would write & mail the letter if I couldn't deliver by hand & ask it to be presented with my file? Or you could phone the court & ask if a fax is acceptable.

  • Haha 1

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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OK, Having received a number of fob off complaints from a Graham Harbour of the FOS myself, is it not time with all the media attention , for a CAG campaign to ,request and ensure that future FOS complaints are addressed with regards to the statutory laws of the land, ie: CCA 1974 and why as a goverment funded body they are allowed to disregard such matters, as statutory laws in their determinations?

 

VOLVO

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Fax to court is fine - have done it many times!

  • Haha 1

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Fax to court is fine - have done it many times!

 

Although they will treat it as a posted letter and deal with it within their usual turnaround times - for most County Courts, that is up to 5 days.

 

Faxing doesn't guarantee a quicker response, although it will reduce those 5 days to 4 days against a posted letter...

Always happy to help where I can!

:lol:

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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.

 

 

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Hi all

 

Can anyone help with my previous question

 

Many thanks

 

Scrapper Coco :cool:

"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

Beginner's guide

 

Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Guys/Steven

 

Know your up on internet applications. My Tesco which i believe is RBS credit card says on it that it was an internet application.

Taken out in 2005. what they have sent says its an application form. but recall you saying something came in aout internet apps cant recall year.. think some electronic communication act came in around 2004 that made some sort of change re a tick in a box or something.

This doesnt say credit CARD application. and its an application but it has my sig and also someone elses on it. but can see a tick.

as far as the t and cs are concerned they have sent current ones.

 

Could you give me your opinion where I stand with it.

 

cheers

http://i369.photobucket.com/albums/oo137/skeggs885/tescoapp.jpg

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Although they will treat it as a posted letter and deal with it within their usual turnaround times - for most County Courts, that is up to 5 days.

 

Faxing doesn't guarantee a quicker response, although it will reduce those 5 days to 4 days against a posted letter...

 

Will a hand delivered letter get treated better?

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No HAK, you just save the post delivery time. All docs. received by a court are logged with the date stamp of the day received & then dealt with in date order.

  • Haha 1

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Just got to inform the Court that a company that are taking me to Court have not not complied with a Directions Order from the Judge

 

HAK

 

If they haven't complied, then from personal experience, I would ring the court and remind them (they are not always exactly on the ball) and ask if you can email/fax a letter requesting that the claim be struck out, as the claimant has not complied with the order within the given timeframe. I take it the directions order was to provide you with certain information, i.e, Default Notice, etc. In this situation, because the order didn't contain a statement that the claim would automatically be struck out if they didn't comply, it will need to go before the judge again. Again, from my own experience, he will then give them further time (usually 14-21 days) in which to comply, but this time with a statement that if they do not respond, the claim will be struck out. Magda

Edited by MAGDA
typo
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  • dx100uk changed the title to Cap1 & CCA return
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That way you will attract more attention to your story and get more visitors and more help 

 

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