Re: Cca Request To Connaught Collections

[Monty2007]

Interesting thread, I am in the same boat.

 

joneshousehold mentioned earlier "T&C's are not good enough and the OFT or DTI have confirmed this so we can look for it if they persist on that line".

 

Do you have the actual text or link? I would like to have a read

 

Thanks, Monty

[LISAM696969]

Any Other Ideas On Wah Tto Say To Them ? Any Help Greatly Appreciated , Thanks Josie Will Do That Today !

[LISAM696969]

 

finally managed to upload this thing so if anyone can help gre

at posted it another thread of someone elses aswell so hopefully get a better idea !!

is this valid ????

[Josie8]

Its an application form. It does seem to include the prescribed terms. Have they supplied the terms & conditions mentioned or a statement of account?

[LISAM696969]

No signed statement of account , no creditor signature , no cancellation rights don't know if i'm supposed to have these and i thought terms and conditions were already on this application are they not right , sorry i'm a bit lost with this any and all advice gratefully received , lisa !!!!!!!!!!!!!!!

[bigandyuk1]

Copied from the CCA 1974.

 

What the agreement must contain

 

1 A heading in one of the following forms of words shown prominently on the first

page:

 

Hire-Purchase Agreement regulated by the Consumer Credit Act 1974

or

Conditional Sale Agreement regulated by the Consumer Credit Act 1974

or, in any other case,

 

Credit Agreement regulated by the Consumer Credit Act 1974.

 

Where the document embodies an agreement, of which at least one part is a credit

agreement not regulated by the Act, the word ‘partly’ must be inserted before

‘regulated’ in the heading – unless the regulated and unregulated parts of the

agreement can be clearly seen to be separate.

 

2 The name and a postal address of both trader and customer.

 

3 A description (in enough detail to identify it) of any security to be provided by the

customer and a description of its subject matter. The description must be in the

main agreement but the full terms can be in a separate document referred to in

the main agreement.

 

4 Details of any default charges which the customer or a relative of his is required to

pay if he breaches the agreement.

 

5 Certain financial and related particulars (see below).

 

6 Statements of certain forms of protection and remedies provided for the customer

by the Act (see pages 12–14).

 

7 A signature box (see Appendix 2).

 

 

Point to note

In the case of regulated agreements (principal agreements) which contain the option of credit

protection insurance or other contracts relating to a guarantee of goods (subsidiary agreements)

the heading, statement of protection and remedies available to debtors under the Act, and

signature box applicable to the principal agreement may be used where these are different from

those which would be applicable to the subsidiary agreement.

 

Financial and related particulars

 

The following information must be shown together as a whole and not interspersed with

any other information, apart from cross-references to terms of the agreement and subtotals

of the total amounts.

 

 

1 In the case of agreements for fixed-sum credit where the money must be spent on

specified goods, land or services, a list or description of the items, together with

their cash price. Where there is more than one list or description of the items to be

bought with the credit, the cash price of each must be shown, together with the

total cash price. For instance: ‘mahogany dining room suite, six chairs and one

table, £1,500; colour TV £298; total cash price £1,798’. Where there is more than

one list or description, the cash prices and descriptions can be shown in a

schedule to the agreement, provided that the agreement itself refers to the

schedule and states the total cash price.

 

Points to note

The cash price is the price at which the seller would be prepared to sell to a buyer for cash.

It excludes any credit charges and is net of any discount offered to the customer.

‘Specified goods’ etc means goods agreed upon before the agreement is made. Thus these

are specified goods for a hire-purchase agreement but not, for example, for a trading check.

 

2 The amount and nature of any advance payment. This includes a deposit, any

amount allowed in part exchange, and any other payment the customer has to

make before being provided with credit or before entering into the agreement.

 

3 The amount of credit to be provided under a fixed-sum agreement (for example, a

cash loan) or particulars of the credit limit under a running-account agreement (for

example, a credit card).

The credit limit can be expressed as:

a a sum of money, or

b a statement that the trader will, under the agreement, periodically determine

the credit limit and notify the customer, or

c a sum of money together with a statement that the trader may, under the

agreement, periodically vary the credit limit and notify the customer, or

d if (a) (b) or © above are not appropriate either a statement indicating how the

credit limit will be determined and notified to the customer or a statement that

there is no credit limit.

Point to note

Under a fixed-sum agreement where the credit must be spent on specified goods, land or

services, the amount of credit will be the total cash price less any advance payments. If

there are no advance payments, nor any charges for credit under such an agreement, the

amount of credit (which will be the same as the total cash price) need not be shown.

 

4 The total charge for credit and the total amount payable by the customer in the case

of most fixed-sum agreements. The exceptions are given in the ‘points to note’

below. Charges payable by the customer that form part of the total charge for credit

are explained in the booklet Credit charges and APR (see page 35). The total

amount payable is the sum of the amount of credit provided under the agreement,

the total charge for credit and any advance payments. If either the total charge for

credit or the total amount payable cannot be precisely calculated, an estimate can

be shown – provided that this and any assumptions made in the estimate are stated.

 

Points to note

Point 4 does not apply to fixed-sum agreements where:

$ the credit must be spent on specified goods or services, and

$ the total amount payable is not more than the total cash price (that is, there are no

credit charges).

Nor does it apply to fixed-sum agreements under which the timing and/or amounts of

repayments of credit are not specified, or the total amount payable can vary according to

any formula specified in the agreement (including the level of any index, for example the

house price index), or the amount or rate of any credit charge can vary (whether in

accordance with the level of an index, for example, bank base rate or otherwise). In these

cases, the details of interest and other charges to be shown are the same as those required

for running-account agreements.

 

I hope this helps.

 

Regards

BigAndy

[LISAM696969]

well I can't see 3 and 4 anywhere on it, the default charges or security bits , but does what you have said above combined with no signature from them and heading mean it is unenforceable then ? and do any of the rest of that mean anything to me , sorry to be so thick just trying really hard to get my head round all the info needed !

[bigandyuk1]

In my opinion Yes. It does not contain the correct heading etc. But I stand to be corrected by those with more knowledge on here

[LISAM696969]

just had advice from someone who said it does not have a heading anywhere on it stating consumer credit act 1974 just application form , also no penalty terms or default charges and no cancellation rights ever received no signature and just one other thing the a/c no that 1st credit have is different to the one that citi have is this relevant ? p.s on the above i am only quoting anothers opinion in the hope that the more opinions i have the better informed i will be not trying to correct or offend anyone !!!

[LISAM696969]

Hi all , still not heard from their solicitors do you think I won't until they try to take me to court , and also any advice on the above much appreciated , still waiting for S.A.R from citi too so everything on hold at minute , but i'd like to thank everyone for all the help i have had so far this really is an amazing site , cheers lisa

[Josie8]

What did I put in a post in this thread :? that offended so that it has been unapproved????:? :? :? Which post has been removed????:?

[LISAM696969]

As Far As I Can Tell None Of Them Have Been Removed , Anyway Still Not Heard Anything From Them Since The Last Post ! Still Waiting !!!

[babybear39]

I've had 11 post removed