Cap1 & CCA return

[FANTASY CHARGES]

Currently : 12 (7 members and 5 guests)

Currently 14-39 (4 members and 9 guests)

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Currently 9 (4 members and 5 guests)

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6 (5 members and 1 guests)

[m55dlc]

Ms Bird, I am not an M 'n M, some people on here may have a nut allergy!

[ladybird17]

nah....we're all nutters on here.

[m55dlc]

I tell you what, we should start listing our usernames on all correspondence to these credit card companies, then they'd know who we were. We'd cut out the c**p then, and the MIB's would take more notice of us!

[Guest Battleaxe]

Term,

 

it was Crap one not MBNA who sent the agreement I served the Sec 85 on Crap One also.

 

I thought I had seen the letter somewhere, but couldn't see the forest for the trees

 

The default notice does not mention the Agreement, it says they have to consolidate from the date of the breach.

[Guest Battleaxe]

Well that was satisfaction typing the LBA regarding the Sec 85 default to Crap One. MIB please note, we are no longer tolerating the stalling actions taken. Now to get the POC done for both the COne accounts. i have a feeling by the time we doo the reclaim on the bank charges and the sec85, these accounts will nil with money owing to us and then I think we will hit them for the compensation regarding erroneous information the onte CRA files. Then of course let the OFT take their pound of flesh on this. Where are the newspapers when you want them to espose something. I sent an email to Martin Lewis about Section 85 and there has been no response.

[m55dlc]

I have a snailmail list of 437 newspapers, radio & tv news departments. Don't worry, as soon as we get something, I will get it published. This is something I had to compile for my job - it's amazing how many newspapers there are out there! (and that number isn't by publication, but by publisher!). It's amazing what kind of stuff you come across in my line of work!

 

Lets get a result, then punish them. Oh, and Mr MIB, there is enough information on this site for you to identify who I am, I suggest you do, just so you can see how much a little too much needling from your front line staff (and a snotty supervisor in particular) will cost you millions and millions and millions!

[ladybird17]

sounds like your axe is in grinding mood this afternoon m55. Why don't you compose one of your songs for the MIB?

[Guest The Terminator]

Lack of resources pushing civil courts 'close to collapse'-Business-Law-TimesOnline

 

They can collapse after we've all got back what the banks owe us.

[Guest Battleaxe]

I tell you what, we should start listing our usernames on all correspondence to these credit card companies, then they'd know who we were. We'd cut out the c**p then, and the MIB's would take more notice of us!

 

 

I always have the consumer action group address in my footers, just make sure they know where the infomration is coming from. They say it pays to advertise, Look what happened to No 10's web sire regarding the Road Tax petition.

 

They can see from my avatar my first name, if they are as smart as they think they are, they should have put it together now that I am Battleaxe aka Dragonlady as my email address states. i don't care if they can identify me, I have nothing to hide, except my fight with them over their unlawful actions and charges. They know immediately we post up the court numbers in the litigation section who we are.

[Guest Battleaxe]

Lack of resources pushing civil courts 'close to collapse'-Business-Law-TimesOnline

 

They can collapse after we've all got back what the banks owe us.

 

 

Oh yes their mistake cost me £100.00 too much in a filing fee, but we did get a refund cheque when I pointed the mistake out to them

[ladybird17]

A timely link from Terminator and just to confirm this, post #15,I think is priceless

 

Can Anybody Help!!??

[Guest Battleaxe]

You must wonder what is happening in the courts when you read this. bet RBS was wondering alos. it's a wonder RBS did not notify the court of the mistake.

[m55dlc]

You must wonder what is happening in the courts when you read this. bet RBS was wondering alos. it's a wonder RBS did not notify the court of the mistake.

 

Hey, I'd keep my fingers crossed, you never know, RBS may yet pay her!

[Peterbard]

Hi Pam

Sorry none of the information reguations that apply to the none distance contracts apply there is a complete brand new set on the distance marketing regs. The agreements information on the cca do aly however there are some ammenments.

 

The Information Regulations

The Information Regulations are made pursuant to section 55(1) CCA. This enables the Secretary of State to make regulations requiring specified information to be disclosed in a prescribed manner to the debtor or hirer before a regulated consumer credit or consumer hire agreement is made.

Section 55(2) provides that a regulated agreement is not properly executed unless such regulations were complied with before the making of the agreement. See above for the consequences of improper execution of an agreement.

The Information Regulations do not apply to regulated agreements which are:

• agreements to which section 58 applies; or

• distance contracts – see below.

Couldn't be much clearer could it?

Peter

[Peterbard]

Sorry Pam

Didn't meen to shout got my bold button stuck

 

Peter

[m55dlc]

Hi Pam

Sorry none of the information reguations that apply to the none distance contracts apply there is a complete brand new set on the distance marketing regs. The agreements information on the cca do aly however there are some ammenments.

 

 

Peter,

 

I can't work out what you are saying here. Are you saying that the information regulations do not apply (therefore the act stays as is) or that nothing applies? I'm a little unclear

[Peterbard]

I can't work out what you are saying here. Are you saying that the information regulations do not apply (therefore the act stays as is) or that nothing applies? I'm a little unclear

 

Hi M55

What the reguilations are saying is that informationr regulations that are part of the cca 1974 none distance contracts do not apply to distance contractss.

Insted there are new regulations that are contained within the distance mareting regulations these replace them for distance contracts.

However the agreement regulations apply to both although there are some ammendments in the distance marketing regulations that will just apply to distance markleting contracs.

 

Infomation Regs Distance Marketing

SCHEDULE 1

Regulations 7(1) and 8(1)

 

 

 

Information required prior to the conclusion of the contract

 

 

1. The identity and the main business of the supplier, the

geographical address at which the supplier is established and any other

geographical address relevant to the consumer's relations with the

supplier.

 

2. Where the supplier has a representative established in the

consumer's State of residence, the identity of that representative and the

geographical address relevant to the consumer's relations with him.

 

3. Where the consumer's dealings are with any professional other than

the supplier, the identity of that professional, the capacity in which he

is acting with respect to the consumer, and the geographical address

relevant to the consumer's relations with that professional.

 

4. Where the supplier is registered in a trade or similar public

register, the particulars of the register in which the supplier is entered

and his registration number or an equivalent means of identification in

that register.

 

5. Where the supplier's activity is subject to an authorisation

scheme, the particulars of the relevant supervisory authority.

 

6. A description of the main characteristics of the financial

service.

 

7. The total price to be paid by the consumer to the supplier for the

financial service, including all related fees, charges and expenses, and

all taxes paid via the supplier or, where an exact price cannot be

indicated, the basis for the calculation of the price enabling the

consumer to verify it.

 

8. Where relevant, notice indicating that: (i) the financial service

is related to instruments involving special risks related to their

specific features or the operations to be executed or whose price depends

on fluctuations in the financial markets outside the supplier's control;

and (ii) historical performances are no indicators for future

performances.

 

9. Notice of the possibility that other taxes or costs may exist that

are not paid via the supplier or imposed by him.

 

10. Any limitations of the period for which the information provided

is valid.

 

11. The arrangements for payment and for performance.

 

12. Any specific additional cost for the consumer of using the means

of distance communication, if such additional cost is charged.

 

13. Whether or not there is a right of cancellation and, where there

is a right of cancellation, its duration and the conditions for exercising

it, including information on the amount which the consumer may be required

to pay in accordance with regulation 13, as well as the consequences of

not exercising that right.

 

14. The minimum duration of the distance contract in the case of

financial services to be performed indefinitely or recurrently.

 

15. Information on any rights the parties may have to terminate the

distance contract early or unilaterally by virtue of the terms of the

contract, including any penalties imposed by the contract in such cases.

 

16. Practical instructions for exercising the right to cancel in

accordance with regulation 9 indicating, among other things, the address

at which the notice of cancellation should be left or to which it should

be sent by post, and any facsimile number or electronic mail address to

which it should be sent.

 

17. The EEA State or States whose laws are taken by the supplier as a

basis for the establishment of relations with the consumer prior to the

conclusion of the distance contract.

 

18. Any contractual clause on the law applicable to the distance

contract or on the competent court.

 

19. In which language, or languages: (i) the contractual terms and

conditions, and the prior information specified in this Schedule, are

supplied; and (ii) the supplier, with the agreement of the consumer,

undertakes to communicate during the duration of the distance contract.

 

20. Whether or not there is an out-of-court complaint and redress

mechanism for the consumer and, if so, the methods for having access to

it.

 

21. The existence of guarantee funds or other compensation

arrangements, except to the extent that they are required by Directive

94/19/EC of the European Parliament and of the Council of 30 May 1994 on

deposit guarantee schemes[26] or Directive 97/9/EC of the European

Parliament and of the Council of 3 March 1997 on investor compensation

schemes[27].

 

Thes are in place of the inlormation regulations that are used on a none distance contract the newest form of which are outlined in SI2004/1481.

Thes are not to be confused with the agreenment regs which are mostly the same with a few additions and the latest version of which are outlined in SI2004/1482.

 

Hope that is cleare.

Peter

[InKogneeToh]

Peter,

 

I can't work out what you are saying here. Are you saying that the information regulations do not apply (therefore the act stays as is) or that nothing applies? I'm a little unclear

 

 

 

 

Don't worry m55, I think that's the whole point! Peter likes to turn his posts into a riddle in the hope that we'll get so fed up with working them out that we'll just agree with him!

 

:lol::lol:

 

(Hi Peter! )

[InKogneeToh]

I can't work out what you are saying here. Are you saying that the information regulations do not apply (therefore the act stays as is) or that nothing applies? I'm a little unclear

 

Hi M55

What ther reguilations a saying is that informationr regulations that are part of the cca 1974 none distance contracts do not apply to distance regulations.

Insted there are new regulations that are contained within the distance mareting regulations these replace them for distance contracts.

However the agreement regulations apply to both although there are some ammendments in the distance marketing regulations that will just apply to distance markleting contracs.

 

Hope that is cleare.

Peter

 

 

See what I mean m55 - If you can work this one out you get a gold star!!

[ladybird17]

Uh? Peter ... are you using some sort of long-forgotten eastern european dialect or something? I haven't the faintest clue what you are on about!

[InKogneeToh]

 

Couldn't be much clearer could it?

 

 

Quite!

[ladybird17]

as mud.

[InKogneeToh]

Has anyone given up yet?

 

How long do we get Peter?

[millymollymoo]

Milly, just to let you know, they don't have to comply with your CCA request if the balance is nil.....which, from what I understand from your thread, it is!

 

 

Hi there, Just to let you know they did comply albeit you would need to be a mouse to read the tiny fonts they sized the agreement too:rolleyes:

 

Milly X