Jump to content


  • Tweets

  • Posts

    • Items for sale include five rare Ferraris and a pair of Air Jordan sneakers signed by Michael Jordan.View the full article
    • TECHZONE BUXTON LTD overview - Find and update company information - GOV.UK FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK TECHZONE BUXTON LTD - Free company information from Companies House including registered office address, filing history, accounts, annual... thread title updated. dx
    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

CCA Agreements (Mark II) PLUS any other topic


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4954 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

currently on hold to honours student loans who are insisting the application form they have sent me is a cca, even though it doesn't say cca anywhere on it.

 

and now they are threatening to default me although they are in default of the cca!

 

will keep you posted.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

Link to post
Share on other sites

  • Replies 550
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

That does clarify things a a long way as it says "to provide the debtor/hirer with a copy of the executed agreement".

 

Although i am still a bit confused as the whether an 'application form' is acceptable. CCA reply from Capital One today is an application form copy. Although it says "I have read the terms an conditions setting out the agreement with Capital One" and, "if my application is successful, I agree to be bound by these terms and conditions".

There is no mention of amounts, interest rates etc

 

Davey, an application form is not acceptable as a "true copy of the executed agreement".

 

From what I have seen with the stuff you have, you have a bunch of application forms. Except for the first one that you posted that seemed fairly comprehensive.

 

My advice is get to 12+30 and default them!!

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

Link to post
Share on other sites

currently on hold to honours student loans who are insisting the application form they have sent me is a cca, even though it doesn't say cca anywhere on it.

 

and now they are threatening to default me although they are in default of the cca!

 

will keep you posted.

 

old style loans ARE CCA, new style are not.

 

some agreements are regulated by virtue of what type of agreement they are (i.e. D-C running account blah blah blah)

Link to post
Share on other sites

old style loans ARE CCA, new style are not.

 

some agreements are regulated by virtue of what type of agreement they are (i.e. D-C running account blah blah blah)

 

Ah Davey!!! Look who's ears must have been burning!!! Sequenci, I have recommended that Davey contact you, perhaps Davey, you could pass Sequenci a link to your thread!

 

Sequenci, I hope you don't mind my intereference!!!:rolleyes:

 

Regards,

 

Corn x:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

Link to post
Share on other sites

hey there Corn. No worries about not being around much. We all have busy lives and things to be getting on with, no probs :)

I am just about to upload the doc that Capital One sent in a mo on my thread:

 

http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due-5.html

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

That does clarify things a a long way as it says "to provide the debtor/hirer with a copy of the executed agreement".

 

Although i am still a bit confused as the whether an 'application form' is acceptable. CCA reply from Capital One today is an application form copy. Although it says "I have read the terms an conditions setting out the agreement with Capital One" and, "if my application is successful, I agree to be bound by these terms and conditions".

There is no mention of amounts, interest rates etc

 

Hi

We have had conformation for some time that an application form is just that and can not be accepted as an agreement this has been confirmed by th DTI see my recent posting the oft on several occasions and basic comonsence.

 

Regards

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

That does clarify things a a long way as it says "to provide the debtor/hirer with a copy of the executed agreement".

 

Although i am still a bit confused as the whether an 'application form' is acceptable. CCA reply from Capital One today is an application form copy. Although it says "I have read the terms an conditions setting out the agreement with Capital One" and, "if my application is successful, I agree to be bound by these terms and conditions".

There is no mention of amounts, interest rates etc

 

Prescribed Terms qualify the document, but the emboldened quote above is the key!

If this was the agreement, it wouldn't state 'if..successful...'

 

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

Link to post
Share on other sites

That does clarify things a a long way as it says "to provide the debtor/hirer with a copy of the executed agreement".

 

Although i am still a bit confused as the whether an 'application form' is acceptable. CCA reply from Capital One today is an application form copy. Although it says "I have read the terms an conditions setting out the agreement with Capital One" and, "if my application is successful, I agree to be bound by these terms and conditions".

There is no mention of amounts, interest rates etc

HI

 

This in itself would be unacceptable even if on an aggrement as the OFT prohibits this kind of conditon how can you mak a decision to purchase when you do not know what it is you are purchasing. Not stating the APR and othe information about the product especially on a distance marketed product would benot be aceptable and not neet the requirements of the act.

 

Regards

Peter

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Perseus, I'm with you on this. That's one of the arguements I'm using against Lowells..who insist that the copy application form they sent me is an agreement.

 

A couple of lines above where I signed to apply for a CC it states:

 

If my application is accepted......blah blah I can't read the rest!

 

The form also has a main header of : APPLICATION FORM

 

and also states:

 

Failure to complete all sections of this form may delay acceptance of your application.

 

I'm quoting all this in my reply to Lowells, also stating that the reference to be bound by CCA 74 in respect of the application is purely pre-contractual. It will be interesting to see their reply.

 

:)

Link to post
Share on other sites

Just had a comment from Cornucopia that suggests this is a reconstructed form: http://i157.photobucket.com/albums/t42/davey77_2007/CapitalOneCCAApplication.jpg

 

Also Zimmie, that's very interesting your post. I will be interested to note what Lowells answer is?! :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

That does clarify things a a long way as it says "to provide the debtor/hirer with a copy of the executed agreement".

 

Although i am still a bit confused as the whether an 'application form' is acceptable. CCA reply from Capital One today is an application form copy. Although it says "I have read the terms an conditions setting out the agreement with Capital One" and, "if my application is successful, I agree to be bound by these terms and conditions".

There is no mention of amounts, interest rates etc

HI

 

I think we really should accept that an application cannot be used as an agreement by now i will repost this again then i will not make any further coments on the matter.

DTI

RT Hon Ian McCartney MP

Minister for Trade Investment and Foreign Affairs

 

James Purnell MP

 

The Consttuency Office

Hyde Town Hall

Hyde

SK14 1AL

 

Dear James

 

“Thank you for your letter of 7th December on behalf of your constituent Mr Peter Bardsley of---------------------”

 

There follows some stuff about the section 77 requests not having to include a signature which is part of an ongoing dialogue we are having.

And continues

 

“Mr Bardsley describes a situation in which he was sent a copy of a company’s standard Terms and conditions when requesting a copy of a signed agreement form.

Just sending the terms and conditions is a breach of the ACT and the Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a true copy of the agreement.

 

If Mr Bardsley feels the rules are being flouted he should report the companies concerned to Trading Standards and the Office of fair trading. It is also a breach of the Act and the Regulations to send the application form rather that a true copy of the agreement.”

 

On the point that Mr Bardsley made on unscrupulous companies adjusting agreements……………………………………… ………………………………………………………………… ……..

 

 

 

Ian McCartney

Peter

user_online.gifreputation.gif vbrep_register("769622") report.gif

Regards

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Guys

 

I need your help....

 

my son's deep in the brown stuff and I need your careful scan of his lease agreement to ensure all the prescribed terms are there...

 

find me something to query... please

 

http://www.knowledgecommunity.co.uk/cag/bmwlease1.jpg

 

http://www.knowledgecommunity.co.uk/cag/bmwlease2.jpg

 

thanks

 

Z

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

That does clarify things a a long way as it says "to provide the debtor/hirer with a copy of the executed agreement".

 

Although i am still a bit confused as the whether an 'application form' is acceptable. CCA reply from Capital One today is an application form copy. Although it says "I have read the terms an conditions setting out the agreement with Capital One" and, "if my application is successful, I agree to be bound by these terms and conditions".

There is no mention of amounts, interest rates etc

 

In this case whether it's an agreement or application is irrelevant. If it doesn't have the prescribed terms in the signature document, it is completely unenforceable.

Link to post
Share on other sites

I am rather surprised that it says that the lease agreement is non-cancelable at the top of the form, since this is in contravention of my understanding of the consumer credit act.

 

No it is correct in what it says....A NON cancellable agreement is valid in these sort of cases........otherwise youve got the car and then you could cancel the agreement !

 

 

ZUBO..... I'm looking at it , but at first glance it looks ok......Sorry, will check again though

 

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Hi

How can you tell if it is a reconstructed agreement,as I think my Cap One might be as lines are a bit zig zag in the boxes around the sig boxes.

 

Thats probably due to bad scanning or putting the paper in at a slight angle

 

Dave

  • Haha 1

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Still have to wonder why they want it though, either they have it or they don't. I sign every letter I send to them!! (Oh dear, what if they use them).

 

I have to admit i will never sign a letter or send a cheque, always a postal order. Sometimes creditors will send the letter back asking me sign it for security purposes but hey they have had my custom for years and have had my signature on plenty of occassions. I buggered im going to let them have it when sending a CCA request!

Link to post
Share on other sites

Hi,

In my CCA request to CapQuest they responded with and I quote "Please provide us with a copy of your passport and driving liscence so that we may compare signatures."

I don't think so matey, I know how to cut copy and paste.

 

Seriously, joking aside absolutely DO NOT provide anything. This has all the hallmarks of reconstructive conjecture and is completely illegal. My suggestion would be to get your 3 year old niece/nephew/child of neighbour/random child in street (obviously with consent of parent:o). Hey, what the hell, I'll give you my nine year old's sig, why not test it and see what they do.

 

Blue Peter, anybody??????:D:D:D:D:D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...