Cap1 & CCA return

[foolishgirl]

Thanks Milly for posting this. I hope no-one shoots the messenger!

 

How nice of the Prof. to respond.

 

I don't have a copy of Goode either so have to wait for the legal guys to elaborate..

[foolishgirl]

HAK - my calculator makes it £5,342.55 but it's not always 100% accurate so use with caution

[foolishgirl]

I use an online calculator ('cos I'm hopeless with excel & stuff) which is why it's accuracy is not always 100% I think. If you are going to challenge the bank suggest you get a second opinion first.

[foolishgirl]

 

as the figures are 6k out

 

Whoa, HAK - you've won the bank lottery!

[foolishgirl]

Ok, I've seen it before somewhere, but I think I need a quick lesson on APR.

 

Hi

 

No it is quite a complex equation and takes into account the amount of installments the preiods of payment and the time taken to reapy the total creit as well as any gaps or irregular installments.

If it is an agreement with no ohtther charges for credit other than interst yu can use the formula =(G7^12-1)*100 to give you the APR just type it into your spreadsheet pointing to a vacent cell where you enter your monthly interst rate.

 

 

Peter, is there a dummies guide anywhere on how to put formulae for different sorts of credit/interest agreements into Dualcalc or an Excel spreadsheet as, like Lexis, I always feel confused on anything other than calculating a simple interest loan?

[foolishgirl]

I'v known of cases where the DJ throws it out purely on the DN issue, argument doesn't even get to the CCA but also cases where the DN has been totally disregarded.

 

Seems to be the luck of the draw on your day in court, underdog

[foolishgirl]

..Also they have sent me 2 of the same agreements with other peoples names and addresses on them ..OHHHH DEAR ...What happened to Data protection??

 

 

 

Oh dear indeed! Think you might like to pass this info. on to ICO

 

The first image looks odd at the top Babydoll. Did it come like this or did you fold it over or something? It looks to me more like the reverse of an application form than anything resembling a CCA.

 

If they've not sent you YOUR account (ie. account no, name, address etc) they've not complied with the S77/78 request & looks like they've also shot themselves in the foot over the DPA.

[foolishgirl]

for the business loan in 1992..the bank manager picked my wife up from the bus stop and convinced her to sign in his car...

patrickq1

 

:eek:

 

Was this in the days when you kept your bank manager in a cupboard?!

[foolishgirl]

By what margin would the figures quoted in a fixed sum loan have to be mis-stated to make the loan unenforceable?

 

What sum/percentage would be considered deminus?

 

It's the interest calculation that is permitted to be de minimis, enforceability would depend what other figures were incorrect. I think approx 1% either way is the current accepted figure on the interest calculation.

[foolishgirl]

 

Clearly, I have long since got confused about what the original question was.

 

I'll get my coat.

 

Think I'll join you - Portia

[foolishgirl]

in short how do i know if once recieved my CCA is enforcable or unenforcable?

 

 

It has to contain the prescribed terms as described in the CCA 1974 & Regs:

http://www.consumerforums.com/resources/templates-library/57-statutes/176-consumer-credit-act-1974-and-related-regulations-.html

 

It should also be properly executed.

 

You may find this thread useful:

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

 

If you have any doubts when you get your CCA, post it up, minus the personal details, & I'm sure someone will look it over

[foolishgirl]

Hi Spiros - welcome to CAG

 

You are unlikely to get a copy of your credit agreement unless you stipulate you are applying under s77-79 of CCA1974 & enclose £1.00 PO. Use the template from CAG, do not sign (print or use dig. signature) & send Rec. Del. They have 12+2 days to produce, after which you need to write to them to formally put the account in dispute.

 

The statements are requested as part of a SAR. It costs £10.00 (again send PO etc) They have 40 days to respond. The template is here:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-.html

 

If you need further help, you would be better posting your query in the Egg forum, this thread is very long & it may get lost here.

[foolishgirl]

Hi rob, welcome to CAG

 

Re. the Halifax account, if it was a current account, it is not subject to a credit agreement; if it is in respect of a credit account (card or loan) & if the account was satisfied & then closed or teminated, you cannot obtain an agreement.

 

However that does not prevent you claiming any unlawful charges. To begin the process you need to send a SAR, cost £10, send PO & Rec. Del. This should produce the statements that will enable you to work out the amount of your claim. Be aware that claims on bank charges are currently stayed but you should still submit you claim & get in the queue.

 

The template for a SAR is here:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-.html

[foolishgirl]

can i do the same to orange plc as i have a ccj with them but cant remember ever receiving a default notice etc???

 

 

Are you talking about an orange phone contract? If so, these are slightly different & you should post up in the Telecoms forum for specific advice.

[foolishgirl]

Anything over 6 years (if you haven't acknowledged it by way of payment etc.) is statute barred rob.

 

Suggest you start a seperate thread for this in the Lloyds forum & post up the letter they have sent you (minus personal details) & any other details of payments made etc.

[foolishgirl]

'Statute Barred' is dealt with under the Limitation Act 1980 S5-S9.

 

Limitation Act 1980 (c. 58)

 

It basically states that an action to recover any sum is not permitted after expiration of 6 years from the date on which the cause of action took place. Therefore if you have stopped payments on a debt, that would be your cause of action date - at least that is how I have always understood it. I'm sure the legal guys will put it much better.

 

[foolishgirl]

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!)

[foolishgirl]

Sorry Steven, what did FG say? - that the agreement was in 2 parts? but that 14b is not something even I had absorbed until now until doc mentioned it... Speaks your minds people...tell me in laygirls terms what you mean? What does this imply and what effect could this have on the agreement?

 

 

I thought that the 'split' agreement may be one of the primary points you would be basing your case on SC, which is why you referred to the Heath case & Steven earlier referred to the Bennion statement.

 

Can't find doc's comments - can you supply a link please?

 

I don't know the details of your case but IMO although there is controversy over the Heath (as with the Rankine) your barrister should be well prepared to argue the differences between yours & this as I'm sure they will drag Heath in.

 

Hit me over the head if I got the wrong end of the tale - I have no problem with being called a foolish girl!

[foolishgirl]

 

Still don't understand what Steven was referring to...

 

 

Me neither. I didn't think I'd said anything that wouldn't already have been obvious to you SC & as far as I can see 14d is standard 'interest only' clause.

[foolishgirl]

 

(ps I never mentioned 14d )

 

No, doc did.

 

Do try & keep up

[foolishgirl]

 

.. and everyone wanted to bring wine, scones with clotted cream, even champagne when they couldn't produce the agreements, but Ellie just won't arrange a date.

 

 

Oh, isn't she just a killjoy?!