CCA Agreements (Mark II) PLUS any other topic

[davefirewalker]

jeeez what have I missed......

 

been busy for the weekend and come back to this...

 

what have you lot been upto ???

 

rgds

 

Dave

[davefirewalker]

Welcome Mincemeat.You will be lucky to find a muppet within MBUSA who knows what a cca request is but as soon as you receive it post it on here and we will help and advise you.In the meantime please feel free to join in the discussion.

 

Hi just did the stuff with mbna.... got a "statement " after about 14 or so working days....with a message agreement to follow.........Nothing as yet

 

I'm just going to wait for the month to be (very shortly) and then I'll have some fun.

 

Dave

[davefirewalker]

Hi corn...

only just found it myself

 

I have a shiraz habit.....for my sins

 

Dave

[davefirewalker]

Hi rinky..

 

I think the clue is on the first page

 

its a customer copy, NOT the original doc. To FULLY comply I would have thought that they would have to give you a copy of the original doc. In any case if they want to pursue you they would need the original to produce in court.

 

I would write back saying that this copy is not acceptable as it doesnt have ANY signatures, and could just be a generic copy.

 

I would also add that they are now in default and would need the original to proceed with any claims.

 

see if that rattles them

 

Dave

[davefirewalker]

I think the point peter is trying to make is that the agreement has wrong data on it......theyre charging you £4720 and saying that your loan comes to £4545.95. a difference of £174.05

 

wrong data means improperly executed

 

Dave

[davefirewalker]

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

[davefirewalker]

I hope that you have the original demand recorded !!

 

Dave

[davefirewalker]

oooooh I'm doing monument as well

 

NO reply as yet 12+2 is up

 

can i ask did they start suddenly adding insurance to your monthly as well?

 

Dave

[davefirewalker]

Hi everyone....

 

Just got my CCA back from MBNA.......I'm screwed unless anyone can come up with anything ?

 

they are 18 days outside of the 12 working days allowed but they still have it

 

Ive been through it and can't see anything glaringly obvious

they've even sent t&c on reverse of photocopy

 

Dave

[davefirewalker]

yup in T&C on reverse

 

Dave

[davefirewalker]

well it could be argued by them i suppose that the document is both sides of the agreement, (it could run to many pages as well). thanks for your thoughts though, is there any conclusive evidence that you (or anyone ) knows about where it says it must be on the front page.

 

(please say yes)

 

Dave

[davefirewalker]

Yes I agree, and I hope we're right but in trying to think like them wouldnt the fact that the t+c are on the back (as they are on my original) be seen as one document?

 

I hope not, but I've got a feeling.........

 

anyone ???

[davefirewalker]

srmjmm10

 

No its on the front as per image (sig not shown but box is)

 

Jaranius

I would have thought that rate of interest SHOULD be there, but cant seem to find it in the prescribed terms that must be there

 

I'll look again

 

thanks

 

Dave

[davefirewalker]

join in......

 

you missed all the fun stuff, which seems to be over

 

any ideas on my little problem ??

 

(please)

 

Dave

[davefirewalker]

Ink, I dont think the sigs are a problem, I signed, they signed! To be honest I dont think I have a chance.

 

The only hope is some obscure, interpretation of the act.

 

maybe the default notice is not on the sig page or the interest rate is not shown.... long shots maybe I should just give up

 

rgds Dave

[davefirewalker]

Hi Jones

 

thanks for the help.....one point raised elsewhere is that it doesnt have or make any reference to an interest rate (although the apr is there)

 

The T&C supplied are the same as my original copy and are pretty comprehensive. they include defaults, early settlement, charges for breach, etc. They are printed on the reverse of the agreement so could be construed as part of the same doc.

 

will give them another reading

 

rgds

Dave

[davefirewalker]

Hi,

Not sure how to post a link to my thread in HFC/Household/HSBC forum and would be grateful if anyone could spare a mo to look through.

 

I have a concern re CCA. Both accounts with HFC have been rewritten to accommodate reduced payments and they have provided me with the current agreement only.

 

HFC will have committed an offence on May 3rd. I am currently tring to get back PPI premiums also but to no avail.

 

I'd like to know if there is any arguement if the credit agreements are not produced.

 

Many thanks.

 

right click on the post number (top right) and copy

 

paste to new edited page

 

If you have taken out a new loan or or had one re written you may have lost your chance to claim. the current agreement is the one they will be concerned with.

 

you may still have a case if the ppi was misold in the first place, but getting proof will be hard. you may have to sar them for any and all data held including old agreements. but if they dont have the old agreement (likely) then there is no way to prove it. An SAR may show something......

 

sorry cant help much

 

rgds

 

Dave

[davefirewalker]

Just tried entering my details into the free checker provided at

 

https://www.financialagreementsolutions.co.uk/usr/basicchecker.aspx

 

The only thing that keeps coming back is no interest rate shown

 

I dont think that this is a "prescribed term" but is it enough to make it unenforceable?

 

60 Form and content of agreements

 

(1) The Secretary of State shall make regulations as to the form and content of documents embodying regulated agreements, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that the debtor or hirer is made aware of—

 

(a) the rights and duties conferred or imposed on him by the agreement,

 

 

(b) the amount and rate of the total charge for credit (in the case of a consumer credit agreement),

 

 

© the protection and remedies available to him under this Act, and

 

(d) any other matters which, in the opinion of the Secretary of State, it is desirable for him to know about in connection with the agreement.

 

 

(2) Regulations under subsection (1) may in particular—

 

(a) require specified information to be included in the prescribed manner in documents, and other specified material to be excluded;

 

(b) contain requirements to ensure that specified information is clearly brought to the attention of the debtor or hirer, and that one part of a document is not given insufficient or excessive prominence compared with another.

 

 

Dave

[davefirewalker]

How come the website can produce reports, could someone perhaps work on one for us?

 

eh.......?

 

run that by me again...Ive had most of a bottle of shiraz and i'm not quite thinking straight

 

please explain

 

Dave

[davefirewalker]

oh I see......

 

something along the lines of

 

https://www.financialagreementsolutions.co.uk/usr/basicchecker.aspx

 

Now then that WOULD be a good idea

 

well thought out

 

Dave

[davefirewalker]

mind you we have a ready made site.......

 

why reinvent the wheel

 

use that website to check and this site to discuss / claim

 

Dave

[davefirewalker]

Nooooooooooooooooooooooooooooo

 

dont pay........

 

just get it checked

 

if anything turns up discuss it here

 

 

Dave

[davefirewalker]

.

 

 

Hi Peter

 

Yes, the Interest Rate IS a prescribed term, but for certain fixed sum credit agreements pre 2004, the interest rate was not required to be shown, e.g. where the rate of interest was variable.

 

As you keep saying to me - check the regs! :D

 

Regards, Pam

 

 

Hi guys....

 

thanks for the input

 

I am ALWAYS going through the regs........(note: must get a life, need to get out more), I knew i had seen mention of it, but couldnt find it. I think too much vino over the w/end.

 

well the interest rate is not shown and no reference to it either just apr.

 

i'm just in my letter composing mode now......

 

rgds

Dave

[davefirewalker]

surprise

 

make sure that you filled it in correctly..... I dont think that any agreement would be or could be that far out. do the maths yourself to check

 

Dave

[davefirewalker]

no, youve got it wrong somewhere...first time i tried i put the wrong figures in the wrong places. be very carefull in what its asking you for

 

simple check... do the maths

 

if loan = 1000 @ 10% apr over two years (20%) = 1000+200

 

very approximately you'll have a 1200 loan / 24 months = 50 per month

 

this is not accurate but gives a ball park figure to check

 

I cant see a proper agreement being that far out

 

Dave