CCA Agreements (Mark II) PLUS any other topic

[Perseus]

hey Ink - just subscribing, and thank you!!!

 

Perseus the perishable (lol)

[Perseus]

Ok, so maybe I could ask the first question on here???

(oh, its about a cca, is that alright? hehehe)

 

If Crap1 have sent a recent copy of their T&C's (post april 2006) in their response to my cca rqst of 12th March, and incomplete SAR details too (that I can handle), should I give them another attempt at providing the cca, as the account is closed, paid up by insurance on disability cover, and has a default registered with CRA's...

 

Any clean suggestions please?

 

P

[Perseus]

Thanks Ink,

 

They have literally provided a foolscap page 2 sided of current terms and conditions with some details of aprs and other prescribed terms. But - it looks like a generic info sheet, nothing specific regarding my other half, no address, name, account/agreement number, amount, signatures of either party, when or where agreed, nothing at all. Looks like something that would be included in a mailer (but not one - no space for a card etc).

It's not personal to my OH's account what-so-ever (or anyone for that matter!)

 

P

[Perseus]

Might be too late tomorrow Term, rumour has it she's a flighty bird!

 

Just ask tam and Perseus, she's only got to get a better offer and she's off without a backward glance! Plus I've heard she tries to spellbind men with culinary exotics!!

 

Morning Ink, Yes she is, yes she does, and oh boy! Does she!!!

 

Hello

 

I'm a newcomer to all of this . I've been reading about the CCA stuff for a few weeks now and am waiting for a CCA request to be fulfilled from MBNA. I hope it is as good as some of the ones I've seen on here

 

PS That's two pages then!

 

Mornin Mince, nice to have you amongst us...Keep your head low tho - low flying comments are a plenty round here! hehehe

 

Why didn't any of you fellow naughty people tell me about this thread?? How RUDE!!!

 

That Mincemeat is a one, he's already made remarks to a complete stranger about my Pinot habit.

 

Can I join in then? Can I? Can I? Please?????:-D

 

Hey darlin, I did email you earlier re this one!!! Honest!!

It would seem the Pinot comment is your reputation preceding you?

Strange that ain't it?

xxxx

[Perseus]

Bloody hell! Never mind her spices, I am more concerned about her wilted spinach!!!:o

 

Our first proper CAG romance.............All together now........:grin:

 

 

The first Corn???? :(

[Perseus]

Hi there rinky,

 

I'm ever so sorry, but the images are not at high enough resolution to be able to read them.

If you've scanned them to get them posted here, could you try re-scanning again and increase the dpi/resolution in your options. you'd need at least 300 or 600 dpi to be able to read adequately.

 

Thanks

 

P

[Perseus]

ah ha...

Now the images are gone, the links take you to a notice that states - invalid attachment etc...

Whats going on there then?

 

Any chance you could re-try rinky?

[Perseus]

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

[Perseus]

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!

[Perseus]

Hi Santos

 

If you send a cca and SAR request, by recorded or special del asap - and ensure that you head the letters 'Account in Dispute', this should (under CCA regs) stop any further legal action whilst under dispute. You could also send a DPA section 10 letter which will not only confirm the account is in dispute, but clearly advise that they should stop processing data/non-disclosure to 3rd parties/contact credit ref agencies etc. That letter is in the template library. Just amend to suit your details - but read thoroughly - (as you do the cca and sar) and get them all send off with your postal orders (crossed).

 

This should hold the action, and allow time for charges etc to be calculated.

 

Need any further help - just shout.

 

Pers

[Perseus]

Hi Perseus

 

Just been looking at the S.10 DPA notice and it says that they are to cease processing my info within 7 days of them receiving it. Unfortunately even if I sent it special next day tomorrow 19th and they receive it on Friday the 20th the default says that I have untill the 25th to address the matter before all the other action (termination etc) will come into effect. Can I alter the 7 days to say 3 to fit into the time frame I have otherwise I think I am stumped.

 

Also the debt is not wholly or mainly charges although the last few months will be, it is my present situation that is the problem and the ppi that I have been paying which is about as much use as a chocolate fireguard to me which they keep charging me monthly for.

 

Thanks

 

Santos

Hi Santos

According to Section 88 of the cca, notice of default under 87(1) should allow a minimum of 7 days after day of being served(when you receive it).

Due you have a case to argue regarding the PPI? would it not cover you? is it fit for the purpose? was it agreed by you, or mis-sold... that is something else that can be used to argue in support of the unlawful charges.

You could also edit the section 10 notice, as it would serve notice that the account is in dispute, and they are not allowed to process/disclose your details re default whilst in dispute.

 

If you'd like to post any draft letter on here for comments first - feel free.

 

Hope the above helps

 

pers

[Perseus]

I've just sent a snot-a-gram back to Cap1 re a cca rqst that went default on 27th March. 30 days is up on 26th April, and all they sent me was a shiney new (post april 2006) copy of the generic T&C's info sheet. Their covering letter even described the contents as such.

BA helped with a reply, and they have little time left to respond.

The SAR enclosed in the same envelope runs out of 27th April, so I might just take em to court for both at the same time.

 

At least this way, I have extra leverage to get the default removed (which was unjustly applied anyway).

 

P

[Perseus]

Well, I did tell you some time ago, I had a problem with my shnozzle!

 

[Perseus]

How does this look, I adapted it to suit me

 

 

Statutory Notice pursuant to Sections 10 and 12

 

of The Data Protection Act 1998.

 

 

Data Subject Notice

 

 

 

 

 

 

 

To: The Data Controller

Nasty Bank credit cards

Down South

UK

 

Data Subject: Santos ehelper

Address:

Evergreen Terrace

Springfield

USA

19th April 2007

With reference to account number:_______________________

 

Whereas I have been a customer of Nasty Bank plc and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

 

Therefore, take notice that I require you to cease from, or commence processing with immediate effect on the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law. At this present time, and as you aware aware from my letter of (insert date of SAR/CCA etc)- this account is in dispute. To further progress any default action against me/this account whilst it is still in dispute, will be vehemently defended, in County Court if neccessary.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful.

 

Signed

 

 

Santos Ehelper

 

Mr Santos Ehelper

 

 

 

Wasn't sure wether this is alright so any comments as always will be appreciated

 

Santos

 

 

How's that?

 

P

[Perseus]

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 dpa 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

[Perseus]

Could you not attempt totake out an enforcement order against the authority? or are they litigation exempt?

[Perseus]

Nooooooooooooooooooooooooooooo

 

dont pay........

 

just get it checked

 

if anything turns up discuss it here

 

 

Dave

 

Just gone through it with all details received by Crap1.

Although it does give some initial findings, and the sample report looks as if it will ellaborate(?) with sections paras and schedule quotes, the initial report gives very lmited info.

If you have £30, and no other way of confirming the details for yourself - I would imagine it's a good service.

As I say, no fee - no see!

 

Bloody good idea tho!

 

P

[Perseus]

Just make sure you haven't been charged a quid for each one

RROFLMFAO !!! :o

[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

[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

[Perseus]

8-)

[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

[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

 

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

[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

[Perseus]

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

 

P