CCA Agreements (Mark II) PLUS any other topic

[davefirewalker]

You must have already had it

 

its written into the cca (somewhere)

Dave

[ian1969uk]

yes santos, got that letter too. Look carefully, it's all accompanied by a nice rise in interest rates as well.

 

Changes nothing for me, they haven't complied with my S78 request and so can't impose new agreements just cos they feel like it.

 

They keep ringing me now, and I refuse to answer the security details, really annoys them. When they rang earlier I answered with:

 

"Good evening, Church of the Divine Brotherhood, how can I help you my child?"

 

They hung up.

[Perseus]

I got sent a copy of Cap1's new T&C's/Agreement in reply to a CCA request I made for my OH.

The account was opened in 2000, closed in 2005, and they've sent me this huge (bigger than A4/Foolscap) sheet of glossy new crap.

 

what's in my wallet?.... the recorded delivery stub for a letter I sent back to them saying "What the hell do you take me for?" or words to that effect.

 

I sense a court claim coming up rather rapid - especially as there's a default involved due to their bloody PPI insurance company paying late every month for 8 months.

 

Pleased...Me.....NOPE

[InKogneeToh]

I have just spotted something at the top it says 'Credit Agreement Regulated by The Consumer Credit Act 1974'

 

Right hand side it says 'By signing this application form you consent to.....'

 

Then at the very bottom it where it has a dodgy signature of mine it says' This is a Credit Agreement Regulated blah blah...'

 

Well what is it an Agreement or Application because it clearly states that it is both!

 

HI

 

Copies under s77/78 CCA do not have to show any signatures or your name/address on them but they must contain all of the prescribed terms: amount of credit (where applicable), credit limit, interest rate and amounts/frequency of repayments. If any of these are missing it is not enforceable.

 

Regards, Pam

[InKogneeToh]

Hi

 

I too have had an agreement 'makeover' from CapOne. A lovely fully compliant document that will apparently apply to my account from July.

 

The *$^* it will!!!

 

MY agreement is the one I signed back in year Zero. Well, I say agreement, but if I recall correctly it was an application form only.

 

Me thinks the penny might have dropped for CapOne and they are trying to slip 'proper' agreements in through the back door, in the hope that we consumer 'morons' will not realise what is happening!

 

Hellooooo! Our light bulbs are all switched on now - we have seen the light!!

 

Regards, Pam

[Peterbard]

No peter if you want to see aREALLY crap agreement

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-763464.html

 

now thats crap

 

Dave

 

I stand corrected

[surprise]

PeterBard

 

Was trying to take you up on your kind offer of a pm, but have had a message re exceeding your inbox.

 

thank you

[Cornucopia]

Hi

 

I too have had an agreement 'makeover' from CapOne. A lovely fully compliant document that will apparently apply to my account from July.

 

The *$^* it will!!!

 

MY agreement is the one I signed back in year Zero. Well, I say agreement, but if I recall correctly it was an application form only.

 

Me thinks the penny might have dropped for CapOne and they are trying to slip 'proper' agreements in through the back door, in the hope that we consumer 'morons' will not realise what is happening!

 

Hellooooo! Our light bulbs are all switched on now - we have seen the light!!

 

Regards, Pam

 

Can I join the CrapOne club!!! I got the new T&C's yesterday too. Silly so and so's!!!

 

Door, bolted, shut, horse, are the words that spring to mind!!!

[davey77]

Mint sent these docs back in reply to my CCA. But it looks like an apllication only to me? What do you folks think? http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due-4.html

 

http://i157.photobucket.com/albums/t42/davey77_2007/Application-mint.jpg

 

http://i157.photobucket.com/albums/t42/davey77_2007/CCA-mint2.jpg

 

http://i157.photobucket.com/albums/t42/davey77_2007/CCA-mint1.jpg

[tiglet]

Hi Incog - would you mind looking at this please: CCA Request - Advice needed(

 

Your message box is full x

[Perseus]

Mint sent these docs back in reply to my CCA. But it looks like an apllication only to me? What do you folks think? http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due-4.html

 

http://i157.photobucket.com/albums/t42/davey77_2007/Application-mint.jpg

 

http://i157.photobucket.com/albums/t42/davey77_2007/CCA-mint2.jpg

 

http://i157.photobucket.com/albums/t42/davey77_2007/CCA-mint1.jpg

 

I don't know too much yet about spotting a good/bad cca, but the third image here, is post 2006! Re the charges (£12 going over limit etc!)

As for image 1, not much different to what I received from Crap1, and was told that there were many missing prescribed terms.

 

Someone, will I am sure, verify all images.

 

Pers

[davey77]

ah yes Perseus..£12 for charges IS post 2006 isn't it. I hadn't noticed that, thanks. Certainly not the terms and conditions i would have originally signed up to when taking out the card in May 2004!

[Perseus]

8-)

[Sirensinger]

Hi everyone, have recently sent off CCA requests to several debt collectors dealing with bank debts on which I am disputing charges. So far they have all defaulted, as we are past the 12 working-day limit, and the 30 days is nearly up - but after jumping up n down with joy thinking my debts were about to be wiped out, I've realised that I don't know if the DCAs had bought the debts or are only acting as agents. One of them has replied saying that they are 'contacting their client for the information' (no Agreement has yet materialised) so I guess they, at least, hadn't bought the debt. Another DCA has taken my £1 and paid it towards my debt, with no mention of the Agreement I requested, and as this was the biggest debt, of nearly £8,000, I'm really hoping I can regard this as a default! The others haven't responded at all.

 

I now don't know whether to jump for joy or not! Should I assume that it's the DCAs' responsibility to let me know if they are only acting as agents, so therefore after the 30 days the debts will be wiped out if they don't respond? Or have I written to the wrong people - should I write to the banks with the same payments, requesting the same info? errrrgh, confused .......

 

Be glad of any help you can offer,

 

Sirensinger

[davefirewalker]

if you have worded you request properly in the vien of "you have a duty to supply this information if you are the original creditor or not". then if they have cashed the money the responsibility lies with them.

 

I would wait until they are past the thirty days and then go for them

 

Dave

[KJD]

Hi

Its an application form it says on the top, and according to our friend at the OFT an application form will not be acceptqale in a court instead of an agreement.

A copy of the letter from the OFT is on the other thread.

 

I'm not being lazy... honest! I've gone googly-eyed searching through 'the other thread' for the letter referred to above! Can anybody let me know the post #?

[joneshousehold]

I have reported Cap One to Trading Standards (amongst others) and have had a couple of interesting telephone calls with them. They are pursuing the criminal offence (her words) although whether it can be pursued will depend on what evidence Cap One can come up with.

 

I have also been told by them that the agreement must be accompanied by the orginal T&C's which I haven't had yet. The last lady who called me was most disgusted with the contents of the letters from Cap One.

 

She also asked me if I was interested in pursuing the criminal offence further if there is no evidence of compliance. I did go through the motions of considering what she asked for a whole second before I said I would!

 

It's early stages yet but I can hope and dream, can't I?

[Cornucopia]

I have reported Cap One to Trading Standards (amongst others) and have had a couple of interesting telephone calls with them. They are pursuing the criminal offence (her words) although whether it can be pursued will depend on what evidence Cap One can come up with.

 

I have also been told by them that the agreement must be accompanied by the orginal T&C's which I haven't had yet. The last lady who called me was most disgusted with the contents of the letters from Cap One.

 

She also asked me if I was interested in pursuing the criminal offence further if there is no evidence of compliance. I did go through the motions of considering what she asked for a whole second before I said I would!

 

It's early stages yet but I can hope and dream, can't I?

 

Jones, never mind all this bloody rubbish! I want to know how you have become a site helper????? What's going on there???? Why has nobody asked me to be a site helper?? I am truly wounded!!!

 

Joking aside, this is fantastic, you must keep with it! I am hoping that now we are past Tuesday you are well and truly oiled!

 

Site helper indeed..............:grin::grin::grin::grin:

 

Love, Corn x:)

[joneshousehold]

Thanks Corn, I'm not sure how it happened either!

Oh yes, it is after all Thursday and the very large glass of wine is now consumed. I am not as coherent as I was and I don't care.

Don't be wounded Corn, you are a helper to me and I couldn't have got where I am now without you.

I was worried you would all hate me for turning to the dark side. Can I still come to the party?

Seriously, thanks for the kind words. You're a gem!

Cheers

[davefirewalker]

oyyy

 

i don't get my shiraz until tommorrow....... had to make do with a vodka and coke tonight (a smallish one)

 

dae

[joneshousehold]

Doesn't vodka & coke count as alcohol then?

[davefirewalker]

weeeeeeelllllllllllllll, maybe

 

but I do enjoy a bottle or two of wine at the weekend. my posts from friday to sunday are usually a bit "off"

 

 

 

congrats by the way

 

dave

[yaffsimone1]

Ive got another question about a CCA request.

 

I CCA'd Marshall Ward on 27 March on the 8 May they will have commited the criminal offence. They had instructed Nationwide Debt Recovery (a dormant company) to chase me, i sent them NWD a letter stating MW still have to comply with my request. I have not heard from them since. I also wrote to thier head office. MW have now instructed GCC Debt Recovery who are also a dormant company. Should i CCA these people because in a weeks time MW will have committed the offence anyway? and if i CCA GGC will the time will start over again? Can a dormant company request money for alleged debts anyway?

[Perseus]

Got an interesting reply from the OFT today, at last, following up my complaint re MBNA etc for a CCA.

I'll try and attach it here for you to read, plus their inclusion of a complaint form re Debt Collectors practices.

 

Both very interesting, and worth reading/completing.

 

Perseus

OFT notice re failure to provide CCA.doc

Complaint Form to OFT re Debt Collection Practices.DOC

[davey77]

Got an interesting reply from the OFT today, at last, following up my complaint re MBNA etc for a CCA.

I'll try and attach it here for you to read, plus their inclusion of a complaint form re Debt Collectors practices.

 

Both very interesting, and worth reading/completing.

 

Perseus

 

 

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