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CCA Agreements (Mark II) PLUS any other topic


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Guest The Terminator
Well I sent my CCA letter to CL Finance on 13 January 2007, I didn't hear back until 20 March (their letter was dated 16 March) and they supplied an agreement that only had my initial on as the rest of my signature was missing from the copy they supplied me.

 

I wrote back saying it wasn't a "true" signed copy of the agreement as my signature (in full) was missing.

 

Today I have received a Court Claim form trying to take me to Court...help!!!!

 

Tigs the first thing to do is not to panic myself and the others will advise and help as much as we can.Is there anyway you can scan the copy of what was sent.The chances are that it may be improperly executed and doesn't comply with the CCA.We have seen many copies of agreements on here that don't comply so we need to take things step by step and it also helps if you can give some background info as well.

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Hi,

 

copy is attached, although not terribly clear, neither is my copy

 

CLFinance0001.jpg

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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that is as much as I have got, on the signature part, you can only see my initial not the rest of my signature. Also the terms, and apr are missing as that bit was on the bit with the rest of the signature

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Guest The Terminator
that is as much as I have got, on the signature part, you can only see my initial not the rest of my signature. Also the terms, and apr are missing as that bit was on the bit with the rest of the signature

 

My gut feeling is that this will not stand up in court as it looks to me to be improperly executed.What I would do tigs is to write back to them and request a true copy of the agreement stating that you are not happy with what has been sent and give them 7 working days to reply.Have you received anything from the court yet.

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Hi rinky

 

its dificult to advise what someone should do in a case like this.....and you should always make your own decisions based on the best information you have available.

 

But, if it was me. the payments would have been cancelled the second that I got those docs, and a letter sent off demanding the originals. As Inkognetoh has said they dont NEED to supply the originals under a s61 request, BUT they do need them for any court action. And with the agreement being improperly executed anyway.

 

My personal opinion (for what its worth) would be to cancel payments and go for them.

 

If the account is in dispute they cannot take any action until the dispute is over. (technically)

 

Its up to you, your choice, do you feel lucky ?

 

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

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Guest The Terminator
Hi rinky

 

its dificult to advise what someone should do in a case like this.....and you should always make your own decisions based on the best information you have available.

 

But, if it was me. the payments would have been cancelled the second that I got those docs, and a letter sent off demanding the originals. As Inkognetoh has said they dont NEED to supply the originals under a s61 request, BUT they do need them for any court action. And with the agreement being improperly executed anyway.

 

My personal opinion (for what its worth) would be to cancel payments and go for them.

 

If the account is in dispute they cannot take any action until the dispute is over. (technically)

 

Its up to you, your choice, do you feel lucky ?

 

Dave

 

Agree with you Dave we can only advise end of the day its Rinki's call.

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Hi rinky

 

its dificult to advise what someone should do in a case like this.....and you should always make your own decisions based on the best information you have available.

 

But, if it was me. the payments would have been cancelled the second that I got those docs, and a letter sent off demanding the originals. As Inkognetoh has said they dont NEED to supply the originals under a s61 request, BUT they do need them for any court action. And with the agreement being improperly executed anyway.

 

My personal opinion (for what its worth) would be to cancel payments and go for them.

 

If the account is in dispute they cannot take any action until the dispute is over. (technically)

 

Its up to you, your choice, do you feel lucky ?

 

Dave

 

I do feel lucky at the moment, lol, I am also in the process of a SAR with the hsbc aswell.

Do you know what, I will wait for them to reply to my letter that I will be posting in the morning that inkognitoh kindly did for me and see what they come up with, if I,m still non the wiser I will stop payment .

I have an extra trick up my sleeve, which I suppose I could use if need be, but how I,m not quite sure yet. I,m sure if the details are diffirent from what i have then the fun and games will start.:D;)

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Hi rinky

 

its dificult to advise what someone should do in a case like this.....and you should always make your own decisions based on the best information you have available.

 

But, if it was me. the payments would have been cancelled the second that I got those docs, and a letter sent off demanding the originals. As Inkognetoh has said they dont NEED to supply the originals under a s61 request, BUT they do need them for any court action. And with the agreement being improperly executed anyway.

 

My personal opinion (for what its worth) would be to cancel payments and go for them.

 

If the account is in dispute they cannot take any action until the dispute is over. (technically)

 

Its up to you, your choice, do you feel lucky ?

 

Dave

Thanks for your reply, it all helps:)

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Hi there good people

 

(See? I'm buttering you up in order to ask a favour! ;))

 

On the subject of CCAs please could you have a look at my thread in the "Debt Collectors" forum. Entitled CAGisforMe -v- GE/Link/HL Legal.

 

I am pulling my hair out and the Original Creditor and the DCA seem to be trying to blind me with paperwork!

 

:confused:

 

PS Sorry - I don't know how to post a link to the thread. :confused:

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Just to help,

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/77859-cagisforme-ge-capital-link.html

 

If you find your thread, open it, right click on the top address bar (which will highlight the whole address, copy, then go to the thread you'd like to show that link in. When you click to reply, right click in the reply box, then paste. add a space after (or a return) to make sure you don't add anything to the link - and hey presto - it's there!

 

P

Now I'll go and have a look! lol

:-)

  • Haha 1

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.

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Thanks Perseus,

 

For the tip on how to do a link

 

and for taking a peek at my thread

 

Sleep beckons. I shall check on the thread in the morning after the School Run.

 

Many thanks to everyone for their support and help. :)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Sorry if this is in the wrong place but I am new to all this and couldn't find a suitable place to post. My head is buzzing with all the stuff I have been reading so I will just give you a brief outline of my situation before I go to bed.

 

I have recently had a few problems finance wise so I sent a letter to all my creditors asking for 28 days to try to get help etc and to freeze interest and charges whilst I try to sort out my finances. First reply I got was from HFC/Marbles/Hamilton Bank credit card saying this a default notice served under blah blah blah etc and you have so many days to pay x amount of money.

I have had the card well over 6 years and have not really had many charges apart from the last 3 months when I couldn't afford the minimum payment so charges where added at a staggering rate each month for over limit etc.

I also have been paying ppi throughout the life of the card which I have now discovered is useless. This alone adds up to hundreds of pounds and I cannot remember ever agreeing to this.

What concerns me most is that the original card was taken out with Hamilton Direct Bank which is the name HFC are referring to on the default notice but the card was replaced with a Marbles card a few years ago without another or new credit agreement being issued to me.

I want to send a SAR and a CCA to see what charges have been applied throughout the past 6 years and to place the account in dispute untill I can investigate the charges and PPI but I am unsure who to send it to.

Do I just send one of each ( sar & cca) to HFC with the account number and postal orders for £10 and £1 and proof of ID or do I have to send 1 to each of the above named companies along with 3 seperate payments for each?.

 

Sorry to go on a bit but time is not on my side and I am new to all this and slightly confused.

 

Any help would be greatly appreciated.

 

Many thanks

 

Santos

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Thanks Perseus,

 

For the tip on how to do a link

 

and for taking a peek at my thread

 

Sleep beckons. I shall check on the thread in the morning after the School Run.

 

Many thanks to everyone for their support and help. :)

 

Thanks for the click too! :-)

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.

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Thanks Pam,

 

I actioned both but my questioned is specifically related to the CCA s77/78 whereupon the DCA have supplied the documents within the specified time, but failed to supply ALL copies. It is with the student loan company whom i failed to defer my loan with for just over 1 year, and the DCA are SmLC. My case is pre 1998 so falls within the jurisdiction of the CCA. For some reason they don't hold my initial contract of 1990 on their computer system, but they supplied 91, 92 and 93. The reference number on the letters of demand are for the 1990 contract.

 

Do you think that they have they broken the law?

 

PG

 

Any clues to this yet anybody? I've been asking this specific question for weeks now.:-?

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Guest Battleaxe

I am not sure they have broken the law, but why not file an N1 for non-compliance through the County court and see if you can focus their minds. They will either have to put up or shut up. You wont be out of pocket because you can claim you expenses to date and the filing fee. When they have to pay out money and explain to a Judge why they haven't complied to you request it does make their hearts flutter.

Hope this helps

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Hi BA

 

Did you get my PM from about 1 hour ago?

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Do I just send one of each ( sar & cca) to HFC with the account number and postal orders for £10 and £1 and proof of ID or do I have to send 1 to each of the above named companies along with 3 seperate payments for each?.

 

 

Hi

 

If Hamilton Bank was taken over by HFC, I would send the SAR/CCA requests adressed to 'Hamilton Bank' but to the postal address for HFC. That way HFC will have to deal with it anyway.

 

If Hamilton Bank are still in existence, then the CCA request needs to go to them and a SAR to both them and HFC.

 

it's best to start your own thread in the appropriate forum -possibly under 'Other Institutions' or "General', then all of your history and your future actions will be together for others to follow and assist you with.

 

As to PPI, there is also a separate forum for this, so a new thread there about this particular aspect might be a good idea and there will be plenty of support and advice I'm sure. :)

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Pam, did you get my PM from yesterday evening?

 

Hi LB

 

Yes I did and will reply this evening! :)

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Guest The Terminator
okey dokey - thought you didn't like me any more:cry:

 

I'm interested to know if your angel or devil as it say's in your avatar

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I've read loads and loads of CCA threads but my head is in a spin, can't remember where I've read certain things, threads etc etc.

I'm really chuffed we have a NEW CCA thread as I didn't like to jump into the other one as it was so long (but hugely informative)

 

Can someone help me please for clarification.

If a creditor fails to send an agreement in time (deadline runs out Friday)

 

Can I report them to

- Office of Fair Trading

- Trading Standards

- Information Commissioner

- Financial Services Authority

Is there anyone else I have missed?

 

What action can I take?

N1 to court for non-compliance

Send them a S85 default notice if I want to claim all my interest back?

 

many thanks

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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Guest The Guvner
I've read loads and loads of CCA threads but my head is in a spin, can't remember where I've read certain things, threads etc etc.

I'm really chuffed we have a NEW CCA thread as I didn't like to jump into the other one as it was so long (but hugely informative)

 

Can someone help me please for clarification.

If a creditor fails to send an agreement in time (deadline runs out Friday)

 

Can I report them to

- Office of Fair Trading

- Trading Standards

- Information Commissioner

- Financial Services Authority

Is there anyone else I have missed?

 

What action can I take?

N1 to court for non-compliance

Send them a S85 default notice if I want to claim all my interest back?

 

many thanks

 

If you don't receive your CCA request by Friday don't worry.By them not keeping to the timescales is a good defence for any court action initisated.I have one that has been in default since january and I haven't heard nothing.It would seem that a majority of the lenders cannot comply with the S77/78 request within the time scales and at the end of the day that's their problem not ours.

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