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Consumer Credit act 1974


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Could please someone help me with the folowing:

i sent T-Mobile and Woolwich requests for original agreements and default notice.

T_mob have failed to send anything, whereas Woolwich bank sent me a copy of termination notice,

i am minded to got to court, as 28 days have passed (CCA 1974 ) but unsure of template.

Help.:confused:

hsbc

Claim served on 13-08-2006

 

full refund .19-08-2006,

23-08-06 cheque arrived £580-deal.:D

 

capital one .

Filed claim against 16-08-2006 for £340.

Capital one 02-09-06 offer £383 refund to account.deal:D

 

Abbey Data Protection Act 4-07-06

 

issued court claim for £189 16-10-06

waitng for allocation nov21-11-06:cool:

 

 

Pleae make a donation to site, when you win-- I DID

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first off its 12days and they are in default then an ADDITIONAL 30days after that before the debt is unforceable - if this time has past there is a number of things you can do but obviously the correct time needs to have passed!

 

:)

People who haven't made mistakes, haven't made anything!

 

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Thanks for that,

below is a copy of the letter i sent to them in august. but they have failed to respond.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £2 postal order in payment of the statutory fee,

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to me within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

hsbc

Claim served on 13-08-2006

 

full refund .19-08-2006,

23-08-06 cheque arrived £580-deal.:D

 

capital one .

Filed claim against 16-08-2006 for £340.

Capital one 02-09-06 offer £383 refund to account.deal:D

 

Abbey Data Protection Act 4-07-06

 

issued court claim for £189 16-10-06

waitng for allocation nov21-11-06:cool:

 

 

Pleae make a donation to site, when you win-- I DID

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august when?

 

if it was teh end their time is not up yet - if its been 42days then you can report them to Trading Standards for non-compliance etc, this should be your first port of call i think unless anyone else knows better? there is a thread somewhere on this site for non-compliance etc - use the search option to find it.

People who haven't made mistakes, haven't made anything!

 

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august 12

hsbc

Claim served on 13-08-2006

 

full refund .19-08-2006,

23-08-06 cheque arrived £580-deal.:D

 

capital one .

Filed claim against 16-08-2006 for £340.

Capital one 02-09-06 offer £383 refund to account.deal:D

 

Abbey Data Protection Act 4-07-06

 

issued court claim for £189 16-10-06

waitng for allocation nov21-11-06:cool:

 

 

Pleae make a donation to site, when you win-- I DID

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Share on other sites

  • 7 months later...

I noticed you refered to Section 78 which applies to running account credit. It is Section 77 you need to refer to for fixed sum credit and you should refer to this section throughout the letter.

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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  • 1 month later...

Hi my ? is regarding my mortgage company (woolwich--now barclays) who have not provided me with a copy of the original loan agreement, I am now well along the road of case at court, and they have turned up to defend every stage so far, my claim is for all monies to be returned from unlawfully added charges added to account over a period of 12yrs, barclays have paid me the first set of charges back, but as yet none of the others!! what I mean is because of unlawfully added charges, the amounts of yearly interest I paid were inflated because of those charges being added, so I am claiming those payments I made back aswell, barclays are trying to say its "double" recovery!! but as I have explained to the judge and he did agree I had a point, that the two things are different, there is amounts that were added to loan which are unexplained even at this stage, one is for £900 which the bank is trying to say was an arrangement fee!! I can understand that amount being paid now-a days but not in 1991, when I first took out the loan, we moved in 2003 and paid up the mortgage which was interest only at that point, and yes we were charged the fee that you pay to close an account, which we are also claiming back, one thing I need to know is because they have refused to supply a copy wether they "can or not", what advantage if any does it give me legally, loan paid up in 2003, court action like alot of others started in 2006, so were they legelly bound in any way to have a copy of agreement stored somewhere? for a number of years after account closed, they have supplied copys of yearly statements for all the yrs(12) so I know how much charges they have put on, and I have a copy of advance which gives some info on it, but of course no signatures on it, so can anyone help me from this point onwards!! cheers Les

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