Cap1 & CCA return

[foolishgirl]

You might find this thread by Steven interesting pinny - it defines unenforceable agreements & gives examples:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

[InGodITrust]

You might find this thread by Steven interesting pinny - it defines unenforceable agreements & gives examples:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

This is a great thread, I wish I had found it earlier. I sent off my defence today. Does anyone know if you can add points to your defence at any other satge after it has been submitted?

[pinny24x7]

You might find this thread by Steven interesting pinny - it defines unenforceable agreements & gives examples:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

Thanks foolishgirl, still find it confusing.

 

Can you have a look at one of my ageements on my thread

 

http://www.consumeractiongroup.co.uk/forum/general/192982-pinny247-black-horse-car.html#post2086207

[car2403]

This is a great thread, I wish I had found it earlier. I sent off my defence today. Does anyone know if you can add points to your defence at any other satge after it has been submitted?

 

You can submit an amended defence, but you'd need to apply to the Court for permission and pay a fee. (£75)

[pinny24x7]

There are plenty of these threads in the success forums, pinny24x7

 

Couldn't we have a tread/sticky only for cca successes? It's difficult trawling through all the success stories in order to search for cca successes, hope this make sense.

 

Can I ask forum members to pm links to their CCA Successes? I have spent hours on end trawling through various threads and I am still struggling.

 

Thanks in advance

[millymollymoo]

Hi all citizenB has asked me to run this by you as to what is in a book on law. I posted it on fingers thread concerning Halifax.

 

 

{deleted till clarified)

Edited April 9, 2009 by millymollymoo

[babydoll0141917]

subbing

[car2403]

Couldn't we have a tread/sticky only for cca successes? It's difficult trawling through all the success stories in order to search for cca successes, hope this make sense.

 

Can I ask forum members to pm links to their CCA Successes? I have spent hours on end trawling through various threads and I am still struggling.

 

Thanks in advance

 

Hmmm... I don't think a sticky would work, as there'd be so many and it would take too much site team time to manage it. I'll flag it up and ask the question for you, though.

 

I think the main issue with this is that most members that have CCA successes seem to disappear shortly afterwards. Then you also have to consider those that have been "gagged" with settlement offers that are accepted, plus the fact that we know creditors read these forums, meaning we probably don't see as many successes as we actually have, if you get my meaning.

[pinny24x7]

Hmmm... I don't think a sticky would work, as there'd be so many and it would take too much site team time to manage it. I'll flag it up and ask the question for you, though.

 

I think the main issue with this is that most members that have CCA successes seem to disappear shortly afterwards. Then you also have to consider those that have been "gagged" with settlement offers that are accepted, plus the fact that we know creditors read these forums, meaning we probably don't see as many successes as we actually have, if you get my meaning.

 

Thanks for getting this checked out... In my own situation for example I have posted a thread for opions on a black horse agreemet to see if the agreement would be enforceable but I have not had an answer yet. However if there were a successful/unsuccessful thread that challenged an agreement identical to mine than I could use that particular thread as a refernce point.

 

Hope this makes sense

Regards

Pinny

[basa48]

Hi all citizenB has asked me to run this by you as to what is in a book on law. I posted it on fingers thread concerning Halifax.

 

This to me is a major question. If this is a useable point of law it could have MAJOR implications for a great many Egg Card agreements which generally have the signature box on the reverse side under a reference to the T&Cs.

 

 

 

[millymollymoo]

J K Mcleod was involved in the Law Commission consultation in the published papers on the Net and mentioned by Royston Goode in the footnote here: http://books.google.co.uk/books?id=2D0wfsUb_6QC&pg=PA85&lpg=PA85&dq=JK+mcleod+law+professor&source=bl&ots=Zjc3qpkdZ3&sig=rsxMFUrdxISi9Bn3HoNLCJLKE0I&hl=en&ei=fr_bSYG5EsehjAfHw6TTCA&sa=X&oi=book_result&ct=result&resnum=1

 

Milly X

[Viscount Stair]

In what role?

[millymollymoo]

In what role?

 

 

Have a look here Company security interests - Google Book Search

 

Roy Goode is above him in the list too:)

 

Well I have emailed him, Professor J K macleod after some digging. I have asked him the questions concerning the prescribed terms having to be on the same side as the signatures and not on the reverse. Also an explanation to the required terms commonly on the reverse (T &C's)

and I also asked him to clarify that the prescribed terms should NOT be in aseperate document or referred to elsewhere.

 

Its worth a shot he may ignore or he may reply and that would be great as some clarification as to this is needed.

 

Milly XX

Edited April 7, 2009 by millymollymoo

[angel_1]

Good on you

 

i think its a very important point and like others have said, maybe the successes that have happened, we dont get to hear for one or other legal reasons of course would help us but of course something is stopping the posters in telling all

 

we aint stupid we know that does go on,,,, but for the visitors who visit they have won a little victory in denying the rest of us info to help us at the end, but they cant stop us for continuing with our own battles:wink:

 

see ya laters aligators lol

 

stay sharp and keep positive angel x

[Viscount Stair]

All of that is useful to know (and very enterprising).

[Bluefairy]

I have had two successful claims against HFO/Barclaycard. They got two default jusgenebts (due to postal strike) and registered a charge on my proerty. I got both judgements set aside, got the Charge removed and had both claims struck out. HFO applied to have one of the claims reinsated. However at the hearing of their applicaiton the DJ held that the agreement was unforceable and so their applicaton failed and I got £300 costs. I do have some legal knowledge which of course helped, but all I have learned about CCAA and how to beat HFO I found here on the CAG. Please feel free to cntact me. M experinces are documented here on the site, but I am always willng to help.

 

Lots of love

BlueXX

[Peterbard]

Hi all citizenB has asked me to run this by you as to what is in a book on law. I posted it on fingers thread concerning Halifax.

 

Hi

I think the peice you quoted refers to post may 2005 agreement which are coverred by the 2004/1482 agreement regulations.

The earlier regs co not require the signature to be on the same page of the agrement as the prescribed terms in fact they can be anywhere within the agreement.

The new ammended agreement regs altered this in 2005 when it intrudeced the key information format which alter the no dispecement rules contained within the 1983/1553 to include the signature box.

 

The embodiies versies contains definition is expalained on here several times by me and othere and is pretty much as you say .The term "Emodies "refers to any document other thatn the agreement which was involved in the anticedant negotiations.

[citizenB]

Could someone please pop over to the thread in the following link and have a looksee of the agreement. Many thanks

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/190942-alliance-leicester-loan-agreement.html#post2093845

[venturoboy]

I have a friend who has several credit cards with MBNA in the UK, he has been told by a debt elimination company that he can elimate his debt because he signed for the card but not the debt... some loophole in the credit agreement.

 

He has had the cards for several years and has over 10k balance on them, can he really get this debt eliminated? what are the repercussions? eg. credit rating etc...

 

Surely even if there is a loophole the creditcard company can still chase him for the money he has spent on their cards?

[citizenB]

I have a friend who has several credit cards with MBNA in the UK, he has been told by a debt elimination company that he can elimate his debt because he signed for the card but not the debt... some loophole in the credit agreement.

 

He has had the cards for several years and has over 10k balance on them, can he really get this debt eliminated? what are the repercussions? eg. credit rating etc...

 

Surely even if there is a loophole the creditcard company can still chase him for the money he has spent on their cards?

 

I think it might be a good idea if you start your own thread Venturoboy.

[Howard0181]

1. Is it possible to claim back money on an old credit card? I have a few old cards (10/12 years old) which I paid back in full last year.

 

and

 

2. Whats stop someone with an old credit card and with a zero balance creating new debt and then applying for it to be written off as unenforceable.

[car2403]

1. Is it possible to claim back money on an old credit card? I have a few old cards (10/12 years old) which I paid back in full last year.

 

No, as there is no obligation to supply the original agreement under the CCA where there is no outstanding balance.

 

2. Whats stop someone with an old credit card and with a zero balance creating new debt and then applying for it to be written off as unenforceable.

 

The law changed in April 2007, meaning agreements can be enforced by the Court without complying with the strict requirements of the 1974 Act, as they had to before that date.

[Alphageek]

No, as there is no obligation to supply the original agreement under the CCA where there is no outstanding balance.

 

They should supply a copy of the CCA if the poster was to SAR the OC.

[Peterbard]

Hi

I have just psoted this on the section 18 thread no takers yet so, i thought i would let you lot get a dig in:)

 

Couldnt this refer to a ppi policy on a credit card agreement?

 

 

12© an unrestricted -use credit agreement which is made by the creditor under

pre-existing arrangements between himself and a person (the “supplier”)

other than the debtor in the knowledge that the credit is to be used to

finance a transaction between the debtor and the supplier.

 

 

If it does it makes it unrestricted d-c-s the same as the primary accouunt not a seperate agrement at all .

 

Well i think section 12 does indeed apply to ppi, and i think that ppi is in fact unrestricted in credit cards and i think that all the casses that have gone to court are where the principle was restriced, and in the case of a credit card the principle is unrestricted so any transaction that does not invovle the forwarding of the orriginal loan would also be unrestricted, if it was not it wouldn't be in the total crdit at all but in the total charge for credit.

 

What do ya think

 

Go on let me have it

 

Peter

Edited April 8, 2009 by Dodgeball

[Peterbard]

Hi

Again so what i am saying is that the whole argument about section 18 relating to credit cards is complete ,well it is incorrect

 

Peter