Cap1 & CCA return

[Having_A_Knightmare]

Shane Im loosing my marbles today

 

So basically when you fill in one of them application forms that get sent through the post and next thing you have a Credit card laying on your door mat it aint enforcable because they should have sent you all the stuff relaiting to the account to you within 7 days.

 

Is this correct

 

HAK

[Having_A_Knightmare]

HI

 

When you apply for a credit card by filling in a unsigned (by the creditor) agreement and then sending it offf to be signed and therefore executed there should be a copy with the one that you send for you to keep this gives you a record of what you are willing to agree to. This is called the copy 1 agreement.

 

When the agreement is signed and executed by the creditor then they must send you a copy of that executed agreement within seven days included in this must be the details of your cancellation period and how and where to send any notice of cancellations the prescribed forms for these documents are listed within the 1983/1553 agreement regulations.

 

The only exeptions to the 7 day rule for the copy 2 agreement is in the case of a credit card where the copy 2 may be sent earlier or with the card itself.

Also if the agreement was pre signed by the creditor and thus executed by the debtors signature they do not have to send a copy 2 becaus it is supplied with the copy you signed (it usually takes the form of a carbon copy which is under the agreement you send back.)

Best regards

Peter

 

Hi

 

This is the point I an trying to make.

 

A couple of my CC where applied for by them sending a flyer through the letter box. I then filled the form in and that was that.

 

No copy of the agreement ever got sent to me just a credit card.

 

Where does this leave me and the creditors.

 

HAK

[Having_A_Knightmare]

Hi Peter

 

I am just tryinig to find another way to go when they send you an application form with all the prescribed terms on.

 

HAK

[Having_A_Knightmare]

Peter

 

It was not one in particular was just thinking ahead

 

HAK

[Having_A_Knightmare]

Hi All

 

If possible could someone just check the agreement on the thread below.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/119516-abound-advice-needed-please.html

[Having_A_Knightmare]

Good Application form

 

Does it have any prescribed term on

 

HAK

[Having_A_Knightmare]

Is there any thing on there aboyt APR, Or credit Limit

[Having_A_Knightmare]

Well If that the case its unenforcable in a Court of Law.

 

No need to worry.

 

Just send them something like this back

 

Alte to suite

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the 26th July 2007.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

You had until 6th August 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else. I would also like to note that as from the 6th September 2007 it becomes a criminal offence.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

[Having_A_Knightmare]

Well Im getting P**sed off with my T/S

 

sent a letter of complaint to the cheif executive regarding them not enforcing s78(1) because they have not sent the original T&C.

 

My responce is under the copy doc regs 1983 they only have to send the varied copy.

 

Banging my head against a wall. Has anybody got anything else I can throw at them.

 

Also it says on the agreement that i have the right to cancel so surley all this info is in the original T&C.

 

 

HAK

[Having_A_Knightmare]

Consumer Credit Act 1974 & 2006 - currently the Act is being used by debtors to avoid making

payments on their credit agreements. Bad advice, offered within consumer action websites, is misleading those genuine debtors in financial difficulty. Sections 77 & 78 of the Act are being misinterpreted by these

‘advisors’ causing further distress and frustration to genuine debtors. The number of trace accounts has increased substantially in recent years. The Act should introduce a penalty to those debtors who fail to

advise their creditors they have moved (either unintentionally or not).

 

Bad advice by consumer sites!!!!

 

Who do you think you are kidding:)

 

The Act should introduce a penalty to those debtors who fail to

advise their creditors they have moved

 

I cant stop laughing:D

[Having_A_Knightmare]

The Association feels it is essential that current Legislation and Regulation is

reviewed in order to bring clarity

 

How much clarity do you want..No agreement, Unenforcable debt!!!!

[Having_A_Knightmare]

Totally unenforcable agreement.

 

DId they sell the debt before the CCA request??

 

HAK

[Having_A_Knightmare]

Originally Posted by Nick W

Thanks for your help guys. I did pay the £60 to go through the check my agreement website and it came up with:

 

Interest rate

Shown on agreement:- Missing

Checker result:- 13.4022%

The interest rate is missing from the agreement and is therefore in breach of Reg 6 (1). This provides that the interest rate is a prescribed term for the purpose of section 61(1)(a). The interest rate must be contained correctly in the agreement if it is to be properly executed.

 

First payment

Shown on agreement:- £259.58

Checker result:- £384.58

The first payment is incorrect and is therefore in breach of Reg 6 (1). This provides that the repayments are a prescribed term for the purpose of section 61(1)(a). The repayments must be contained correctly in the agreement if it is to be properly executed.

 

Total amount payable

Shown on agreement:- £15,884.80

Checker result:- £16,009.80

The total amount payable is incorrect on the agreement and is therefore in breach of Regulation 2(1). This provides that the total amount payable should be recorded on the face of the agreement if it is to be properly executed.

 

OTHER TERMS

Regulation 2 of the Consumer Credit (Agreements) Regulations 1983 provides that information specified in schedule 1 of the Regulations shall contain requirements as to the form and content of regulated consumer credit agreements pursuant to Section 60(1) of the Consumer Credit Act 1974. If these requirements are not complied with, the agreement is not properly executed and is enforceable against the debtor only with a Court order.

 

APR

Shown on agreement:-14.4%

Checker result:- 14.9%

The APR is incorrect on the agreement and is therefore in breach of Regulation 2(1). This provides that the APR should be recorded on the face of the agreement if it is to be properly executed.

 

Total Interest

Shown on agreement:- £4,143.80

Checker result:- £4,268.80

The total interest is incorrect on the agreement and is therefore in breach of Regulation 2(1). This provides that the total interest should be recorded on the face of the agreement if it is to be properly executed.

 

Total charge for credit

Shown on agreement:- £4,328.80

Checker result:- £4,453.80

The total charge for credit is incorrect on the agreement and is therefore in breach of Regulation 2(1). This provides that the total charge for credit should be recorded on the face of the agreement if it is to be properly executed.

 

 

Link is:

 

 

 

If you want to check out full report.

 

Thoughts please!

 

Cheers

 

Nick

 

Peter

 

This is a print of from an agreement checker web site.

 

Am I right in thinking that any one thing above makes it unenforcable

 

Cheers

 

HAK

[Having_A_Knightmare]

Naughty ....

 

send a letter like this alter to suite:

 

I am writing regarding your letter dated xx November 2007.

You ask why the account is in dispute. This information was stated in the previous letter sent on the xx October 2007. To refresh your records I will explain why the account is in dispute.

I requested a copy of my credit agreement from Metropolitan Collection Services. They failed to send this to me and under section 78(1) of the Consumer Credit Act 1974 they have now committed a criminal offence.

You are now breaking the law by trying to collect a debt that is in default under section 78(1) of the Consumer Credit Act 1974. This is a very serious offence that is reportable to FOS, OFT and Trading Standards. If found guilty carries a level four fine of up to £2500 and a custodial prison sentence of up to six months.

You will also be aware that as holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. If found guilty OFT could cease your credit license.

I am now asking you to return the case to the original collector as the account is in default. If you fail to do so I will send all the correspondence to Trading Standards so they can start litigation.

Again please treat this letter as an official complaint and pass this on to your complaints department at the same address.

Click here for great help:razz:

http://www.consumeractiongroup.c o....hat-youre.html

 

http://www.consumeractiongroup.c o....i-dummies.html

 

If I have helped please give the scales a press.

[Having_A_Knightmare]

Thanks Spirit Girl for the click of the scales

 

HAK

[Having_A_Knightmare]

Hi Paul.... I'm sure that this hapens in a lot of cases......we need to educate people.

 

I am in the process of having a go a over 5-7 creditors.....none of them seem to have a decent cca agreement. I am refusing to pay anything until I see a copy of the original, if they want to take it to court, that is their problem. they can explain to the judge why they didnt supply me with the original copy. The worst that can happen is the judge bollocks them and I get on a payment plan....the best is they dont have the agreement and the judge bollocks them and I walk away smiling. either way its a sort of win / win

 

you pays yer money and you takes yer chance

 

Dave

 

Well Put Dave:)

 

I am doing the same.

 

HAK

[Having_A_Knightmare]

Hi Chalkitup

 

Whats the worse they can do. Take you to Court with No agreement!!

 

HAK

[Having_A_Knightmare]

Dave

 

Try reporting T/S to the chief executive of the Council.

I have just done this and they seam to want to help me now.

 

HAK

[Having_A_Knightmare]

Hi

 

If there is no Credit Limit on the Original front or back then it is unenforcable.

 

Deb4 have you got the original

[Having_A_Knightmare]

Tricky one this. Peter B the man for the job if he is around.

[Having_A_Knightmare]

Hi All

 

One Question.

 

Is APR a prescribed term or does it have to be normal intrest

 

Also no mention of Cancellation in the agreement or t&C

 

[Having_A_Knightmare]

I think I have got confused about the cancellation part. The loan was done over the phone and Liverpool Victoria have not given me any Cancellation rights.

 

HAK

[Having_A_Knightmare]

Thanks Peter

 

So basically its an enforcable agreement (with out checking the APR)

 

HAK

[Having_A_Knightmare]

Hi Peter

 

It was taken in 2003.

 

My only hope is the APR is incorrect.

 

Also they have issued a default notice with some of the prescribed terms missing and incorrect. Not sure what to do with this tho as If I tell them now they will just alter it and send the ammended default notice back to me.

 

HAK

[Having_A_Knightmare]

Thanks for all your help.

 

I am going to have to do some creeping to these.

 

HAK