CCA Agreements (Mark II) PLUS any other topic

[iconoclash]

Hi - look ive tried to get that space in the word parliament out of there and it wont have it.....youll have to type it in........sorry

[elsinore]

I think this works, so I'll go and read it!

 

House of Lords - Director General of Fair Trading V First National Bank

 

Els

[Yasmin]

Hi Guys,

 

I am currently in dispute with Welcome Finance & Approved Car Finance , there is a court case pending re misrepresentation. However, there are other issues re welcome, which I have put on hold due to the current action. There is the charges issue, also they are continuing to process my data even though there is court action and they have received the necessary notices! I would also like to check out the Agreement as I can only see APR box , no interest....& I think the figures could also be incorrect. Can anyone advise me p l e a s e........

[Rubymay]

Hi Everyone

 

I just wanted to report some success with my CCA requests:

 

DG Solicitors have responded :'We confirm that we shall no longer be pursuing yourself for the remaining outstanding debt. We shall therefore request for the registered default to be removed.'

 

Aktiv Kapital (who have admitted they can't track down the necessary documents):'In view of this all action by ourselves will now cease and we will arrange for the removal of any default information which may be recorded against you with the relevant credit reference agancies.'

 

However..... Next are sending me repeated letters saying 'I write to confirm that Next does not hold a signed credit agreement for you. Under section 127 (3) of the CCA 1974 this debt is therefore unenforceable......Next will continue to seek payment of the balance owed by you......A default entry will therefore be made on your credit reference file, which may affect your ability to obtain credit in the future. (I never want to obtain credit ever again but I would like as much of this to go away as possible after seven years!) Any suggestions on how to respond?

 

Also my remaining creditors have either failed to respond at all or have sent a holding letter saying that they will send the information as soon as possible (it's now over two months since I sent the original letter and about three weeks since I sent the follow up warning them about their liability for a £2500 fine if they didn't supply the information). I would like to start reporting them to Trading Standards - do I have to contact my local TS Office or do I have to contact the office local to the address of the creditor?

 

Can anyone tell me the correct procedure for approaching Trading Standards - what sort of evidence you have to supply etc?

 

Thanks for all the wonderful help so far:) !!

 

Ruby May

[Yasmin]

Hi RubyMay,

 

I'm having the same problems with Next, so will be watching this with interest. They do not hold an Agreement, have admitted that the debt is unenforceable but have still defaulted me.....

[Perseus]

I'm sure someone here will clarify, but if a creditor/DCA is legally unable to enforce an agreement, and have confirmed this, it would be unlawful for them (libelous) for them to lodge a default against you for a debt that cannot be upheld. You would certainly have a good court case against them (or a defence of one!)

Further, the CRA that accepts details of the default, would also be liable for a damages claim for libel if they record details that have been confirmed as unenforceable.

 

There is a legal arguement - section 10 of the Data Protection Act template letter would serve as notice against them, but please, someone else, clarify the section of cca that the creditor or DCA would be in breach of if they continue with this.

 

P

[ian1969uk]

Companies like Next really annoy me. Now, we all know that unenforceable does not mean the debt goes away. BUT to register a default is the action a creditor takes if the customer doesn't keep up the agreed repayments. In the absence of a credit agreement, there has never been any agreed frequency of payments, so what the heck are they defaulting you on?

[sortingitout]

I had a letter off MBNA today, that told me..

 

"I am sorry to advise that we are unable to send you a copy of this application. The reason for this is that the application was made before MBNA took over the account, the previous company no longer has the application on their records.

 

I am sorry we are unable to help at this time."

 

So whats my next step, can i get the default removed?, can i claim the charges that incurred on that account over the years?

[M.Willows]

Hi

Can someone please point me in the direction for Section 10 Data Protection Act please as my brain has collapsed

Thanks

[Perseus]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

P

[Perseus]

I had a letter off MBNA today, that told me..

 

 

 

So whats my next step, can i get the default removed?, can i claim the charges that incurred on that account over the years?

 

It's been discussed in various threads.

 

What seems to be a good way of doing it is.

 

1) SAR the creditor. apply for all charges with interest.

2) Look for 'ZUBO', he has constructed a great letter re no CCA, and asking for consolidation of all interest payments, and you'll be able to request the removal of all CRA records (including the default) and any bad history markers against you to be removed.

 

Get your money back, then argue the agreement cannot be enforced, so neither should the terms/conditions/charges/default and interest payable on the 'alleged' debt.

They cannot enforce through the court, as they have no agreement with which to enforce or support their claim.

 

I'm sure others who know where the appropriate letters are will advise.

 

Well done!

P

[santos ehelper]

Quote:

Originally Posted by santos ehelper

Looks fine but I am sending them all together so will remove ref to date of letter.

 

If you would be so kind as to have a shuffty at my Data Protection Act request I will post them off today.

 

Mr Santos Ehelper

address

Xxxxxx

Xxxxxx

 

Data Controller: BANK LTD

address

xxxxxxxx

xxxxxxxx

19th April 2007

 

Account In Dispute

 

Data Protection Act disclosure request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx

Please supply me with a complete list of transactions and charges relating to my account since, xxxx. Alternatively a complete set of statements for that period will be acceptable. Furthermore please provide me with a true copy of the executed agreement with you, and a copy of my original terms and conditions. I make these requests Under the Data Protection Act 1984 and 1998, and the Consumer Credit Act 1974 s77-78 and including the right of subject access under these acts.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be so kind as to confirm this in your response to this request.

I further request copies of any transcripted logs regarding telephone calls made to or from me, and any/all details regarding any disclosures made or communications with any third party in relation to my business with you, along with details of any legal action past or present regarding me by you.

I enclose the statutory maximum fees of £10.00 & £1.00 (postal order numbers 1xxxxx) which is to be used as the fee to access ALL data held by BANK LTD about myself and not credited to my account which is now In Dispute. You should be fully aware of your statutory obligations under the data protection act and that any failure to comply to this request could result in an investigation from the Information Commissioners Office. You have 40 days in which to comply.

Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them.

Any such submissions from yourselves, that the relevant data is now only held on Microfiche in date order and can only be provided at extra cost etc is unacceptable as it implies that such data is nonetheless retrievable. In these circumstances, as opposed to copies of statements for the micro-fiched period, I will accept a detailed breakdown of all charges levied to my account in date order.

 

 

Yours faithfully,

 

 

 

Santos Ehelper

 

 

Hi Santos

 

i hope you don't mind the suggestions.

If you're asking for a copy of the 'contract', that's a CCA request under the Consumer Credit Act 1974 s77-78/79, and requires a further £1 fee.

The CCA rqst is allowed to take a max of 12 working days.

Just to let you know the differing timescales!

 

Hope all is ok

 

Perseus

 

 

 

 

 

Santos Ehelper v Nasty Bank

 

Hi all

 

Just a quick update on my situation and a bit more advice needed.

 

Sent out a CCA request and a SAR and a letter putting the account in legal dispute on 25th April along with a section 10 data protection notice to the good people at nasty bank and was just about to send a reminder about the CCA 12 days etc and returned home from work to find a letter off a legal firm asking me to contact them about my account etc before they commence legal proceedings etc. They also enclosed a questionnaire asking for employment details, salary etc and all phone numbers relating to me and work etc.

 

Now I have been really busy with work but have I missed something whilst working where as all the rules/laws relating to the data protection act have changed??

 

Eg why has this account been passed on to these legal people whilst it is in dispute. Is this normal practice. The data controller at nasty bank received all the correspondence I sent but seems to have completely ignored it.

 

Which way do I proceed now, do I write to the data controller at nasty bank or do I correspond with this legal firm who really should not have become involved in this as my letters all stated that the account was in dispute as of the 25th April.

 

Any ideas as which way to proceed would be appreciated.

 

Regards

 

Santos

[ladybird17]

Sortingitout - like the bit where they talk about your "application" - is this what you asked them for or was it by any chance an "agreement" that you wanted?

 

I had a Blue Peter agreement today from MBNA, plus a copy of a print-out of my personal details which they seem to think now "satisfies" my CCA request.

[sortingitout]

I know, i dont know where they got the idea i wanted the "application" from..

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

I have two accounts with MBNA, on the other account they have sent me also, what appears to be just an application form, i think thats where they are getting mixed up.

 

Good news for us both ladybird, how crap is the CCA they sent you?

[sortingitout]

It's been discussed in various threads.

 

Look for 'ZUBO', he has constructed a great letter re no CCA, and asking for consolidation of all interest payments, and you'll be able to request the removal of all CRA records (including the default) and any bad history markers against you to be removed.

 

Well done!

 

Thanks:) i have searched for ZUBO, loads of useful stuff has come up which i will get into tonight. I think i will start my own thread and update it as i go along, saves me spamming this one:grin:

[Perseus]

Nice one Sortingit!

 

LadyBird, I'm trying to pm you back and your inbox is rather full !

[Rubymay]

Hi Perseus

 

Thanks for the advice about Section 10 - will compose a letter to Next tonight and await the response - so far they ignore whatever you say and just send a repeat of the letter I quoted.

 

I'll let you know.

 

Thanks again

 

Ruby May

[Perseus]

You're welcome.

P

[M.Willows]

Thanks P

[Josie8]

Would any one know whether in circumstances where because the cc has not complied with cca request and you stop making payments to the account for non compliance of a CCA request for say a period of 6 months - if the cc then produces a valid executed agreement would you then have to pay them the previous 6 months interest or does the interest clock start again from the date they produce the valid agreement?

[ladybird17]

from when they produce the agreement

[yaffsimone1]

Yes but doesnt the agreement relate to the whole term so in thoery interest for that whole period would then become due?

[Jaranius]

xx

[lellypea]

Just a quick one guys (...question that is...lol! Goodness the hilarity of this thread has sucked me in already!!!!)

 

Can I rely on s77 of CCA for a BUSINESS loan. (Have left this query 'around' but no peeps have got back to me an it's gettin a tad urgent.

 

Thanks

 

lel

[davefirewalker]

Short answer......dont know

but ask them for a copy of it.....if it says "regulated by the consumer credit act 1974" on it then the answer is YES

 

somehow I seem to remember there is a problem with business loans, along with business accounts for claiming charges....they aren't quite the same.

 

Dave