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Cap1 & CCA return


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Personally, i think you will have more fun cutting off your bo!!ocks with a blunt rusty razor blade than you will talking to the dis information commissioners office

 

As i see it, there are a number of tryable issues in this case, you have defective agreement, damages to credit rep, breach of DPA with compensation for that too, recovery of monies paid over and above the credit amount set out on the agrement and statutory or even popssibly contractual interest

 

Your right!!!

 

Going to have a serious word with OH tonight as I think we are going to get proffesinal help...:)

 

HAK

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Personally, i think you will have more fun cutting off your bo!!ocks with a blunt rusty razor blade

 

is there a thread on this in case i get to the self harm stage?

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hi eveyone,

i sent off my 1st letter requesting the credit agreement from hsbc with the £1 postal order. this was returned to me yesterday with an acknowlegdement of my request. The say i need to sign the letter to coresspond with their docs. ( they have none) but i need to find the template letter which states my right not to sign?

Help anyone?

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You don't need a template for that when it's a CCA request, something along the lines of

 

As you are aware, there is no requirement for a sample signature when making a request under the Consumer Credit Act 1974.

 

Please ensure my agreement reaches me within the timescales afforded to you.

 

Hugs and kisses

 

dolphinbaby.

 

:)

Time flies like an arrow...

Fruit flies like a banana.

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Dolpinbaby,

 

Lexis is quite correct. No template should be needed. I did spell it out for them though, as below. Probably over the top but cut as you think. The letter that I recieved back in response to CCA request was from another address, hence my comments.

 

 

 

 

I am in receipt of your letter dated xxxxl and note its contents.

My letter of the xxxxx2009 was Addressed and directed to your registered office at 8 Canada Square, as will all future correspondence. I merely copied you in as a matter of courtesy, as it appeared that your head office were not appraising you of the current status.

I have made a lawful and legitimate request under s78 of the Consumer Credit Act in the prescribed manner. To date I have had no response to this request and will not be altering the method of this request or sending fresh instructions. I expect HSBC to comply in full. There is no requirement under the Act that require a s.78(1) request to be accompanied by a signature, and I am unable to accede to your request. Further, I note that you have sent statements and correspondence containing sensitive private information to me at same address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998. The time to confirm my identity was before you sent your first threat letter.

 

My request for a true copy of my credit agreement under section 78(1) was made on xxxxx and the 12 working days for your compliance expire on xxxxxx. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity. Subsequently this account was placed into serious default on the xxxxxx

Please now comply with your legal obligation without further delay.

 

 

If indeed you do as an organisation, have additional security measures that you impose as a matter of course, then you may send the relevant CCA documentation requested to a local HSBC branch, where I would be pleased to provide proof of identity.

 

Yours sincerely

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Dolpinbaby,

 

Lexis is quite correct. No template should be needed. I did spell it out for them though, as below. Probably over the top but cut as you think. The letter that I recieved back in response to CCA request was from another address, hence my comments.

 

 

 

 

I am in receipt of your letter dated xxxxl and note its contents.

 

My letter of the xxxxx2009 was Addressed and directed to your registered office at 8 Canada Square, as will all future correspondence. I merely copied you in as a matter of courtesy, as it appeared that your head office were not appraising you of the current status.

 

I have made a lawful and legitimate request under s78 of the Consumer Credit Act in the prescribed manner. To date I have had no response to this request and will not be altering the method of this request or sending fresh instructions. I expect HSBC to comply in full. There is no requirement under the Act that require a s.78(1) request to be accompanied by a signature, and I am unable to accede to your request. Further, I note that you have sent statements and correspondence containing sensitive private information to me at same address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998. The time to confirm my identity was before you sent your first threat letter.

My request for a true copy of my credit agreement under section 78(1) was made on xxxxx and the 12 working days for your compliance expire on xxxxxx. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity. Subsequently this account was placed into serious default on the xxxxxx

Please now comply with your legal obligation without further delay.

 

 

If indeed you do as an organisation, have additional security measures that you impose as a matter of course, then you may send the relevant CCA documentation requested to a local HSBC branch, where I would be pleased to provide proof of identity.

 

Yours sincerely

 

I really like that little bit vint1954:) If you don't mind I will be nicking that for the next time they try and ignore an SAR request based on not knowing who I am:)

Time flies like an arrow...

Fruit flies like a banana.

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Can anyone tell me if this interest and repayment are worked out correctly on this agreement pls: It's an Interest Only loan.

This is exactly as it appears on the agreement and each line in its own box:

 

1) Loan Facility - £64,460

2) Optional PPI - £0

3) Total Loan Amount - £64,460

4) Your Brokers Fee - £3500

5) Loan Administration Fee - £795

6) Monthly rate of Interest (variable) 1.12%

7) Which is the same as a mortgage rate of - 13.44%

8.) Number of Mthly Interest Payments - 180

9) Monthly interest payment (variable) which does not repay any capital - £721.95

10) Title Indemnity fee - £165

 

Loan started Feb 06

 

Thanks

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Because it is interest only, you pay the monthly interest as it accrues- it is not compounded.

 

1.12% of £64460 is £721.95

 

and 12 times 1.12% is 13.44%

 

So, yes, it is correct.

Steven

 

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Thanks Steven, that brings me to the next question then, the interest is being charged on the whole loan amount of £64,460 which includes the brokers fee, admin fee and title indemnity fee. Is that correct in an agreement like this?

 

Also, would what you see here adequately provide the 'cost of credit' as so described or what people refer to as 'the prescribed terms ' in your opinion?

 

SC

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THis isn't a regulated agreement so the rules associated with the CCA 1974 do not apply.

 

As it is interest only, all the payemnts are cost of credit.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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You didn't tell me that :rolleyes:

 

In that case, it doesn't have the prescribed terms to make it properly executed (eg total cost of credit). However, it does it have the terms in scehdule 6 to be enforceable but they are not split between the two loans.

 

People have thought this makes the agreement unenforceable (and Francis Bennion's paper on multiple agreements would support this) but a recent case went against this. It is going to appeal.

 

What is your court claim?

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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You didn't tell me that :rolleyes:

 

In that case, it doesn't have the prescribed terms to make it properly executed (eg total cost of credit). However, it does it have the terms in scehdule 6 to be enforceable but they are not split between the two loans.

 

People have thought this makes the agreement unenforceable (and Francis Bennion's paper on multiple agreements would support this) but a recent case went against this. It is going to appeal.

 

What is your court claim?

 

Repo initially for arrears (although paid them at the time of action) -then my counterclaim, agreement is Multiple - and then winds up with s.106d - I want all I paid you back :D

 

As you know, I am aware of the Heath case and the appeal although I'm hoping they don't use the Heath case as it is slightly different. Also, CCA 74 only goes up to schedule 5, is this Schedule 6 in an amendment?

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Sorry, shorthand, schedule 6 is in the Consumer Credit (Agreements) Regulations 1983 and defines what must be in an agreement for it to be enforced by a court under s127(3).

 

IMO, there is no chance they won't use Heath (probably trot out Rankine as well)

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Sorry, shorthand, schedule 6 is in the Consumer Credit (Agreements) Regulations 1983 and defines what must be in an agreement for it to be enforced by a court under s127(3).

 

IMO, there is no chance they won't use Heath (probably trot out Rankine as well)

 

 

Well they booked 2 days for the hearing, they must have something they want to say! :p Rankines a bonus!! idiots. I'd better make sure my barrister knows all about them both when I see him tomorrow...be Christmas before we get back to court in that case then, anyway, I'm sure Heath will be overturned...;) Rankine should be overturned and buried too! :p

 

Thanks Steven, now it's time for the sack...you should too, been on a long day today you have! Nite folks..

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I'm sure Heath will be overturned...:wink: Rankine should be overturned and buried too!
If there is any justice in this world, that's exactly what should happen.

 

We knew the bankers were self-serving, greedy, dull and could not be trusted.

 

We have been proved right by what has happened in the last 24 Months.

 

We knew the Politicians were self-serving, greedy and out of touch.

 

We have been proved right by what has happened in the last 24 Days.

 

We know the Judiciary is often biased, out of date, out of touch and is often steered by hidden agendas...

 

Let's see if something pops out of the bag to prove that right as well.

 

Cheers,

BRW

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Hi Smarterchick, unless I'm missing something the agreement that you attached for us is an Unregulated agreement and, hence, not under the 1974 CCA act? I believe that all loans over £25,000 tend to be unregulated nowadays? (I haven't looked at the Heath vs Southern Pacific file yet.)

But steven4064 is much more experienced on this site than I, so probably don't take much notice of what I have said ;-)

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PCB, I think the point of SC's argument may be that this has been 'split' into 2 parts each under £25000 & therefore should be considered as seperate 'parts'. If you read the Heath v. S. Pacific judgment above, you will understand the references & their application (or otherwise!)

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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  • dx100uk changed the title to Cap1 & CCA return
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