CCA Agreements (Mark II) PLUS any other topic

[tiglet]

currently on hold to honours student loans who are insisting the application form they have sent me is a cca, even though it doesn't say cca anywhere on it.

 

and now they are threatening to default me although they are in default of the cca!

 

will keep you posted.

[Cornucopia]

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

 

Davey, an application form is not acceptable as a "true copy of the executed agreement".

 

From what I have seen with the stuff you have, you have a bunch of application forms. Except for the first one that you posted that seemed fairly comprehensive.

 

My advice is get to 12+30 and default them!!

[sequenci]

currently on hold to honours student loans who are insisting the application form they have sent me is a cca, even though it doesn't say cca anywhere on it.

 

and now they are threatening to default me although they are in default of the cca!

 

will keep you posted.

 

old style loans ARE CCA, new style are not.

 

some agreements are regulated by virtue of what type of agreement they are (i.e. D-C running account blah blah blah)

[Cornucopia]

old style loans ARE CCA, new style are not.

 

some agreements are regulated by virtue of what type of agreement they are (i.e. D-C running account blah blah blah)

 

Ah Davey!!! Look who's ears must have been burning!!! Sequenci, I have recommended that Davey contact you, perhaps Davey, you could pass Sequenci a link to your thread!

 

Sequenci, I hope you don't mind my intereference!!!

 

Regards,

 

Corn x:)

[davey77]

hey there Corn. No worries about not being around much. We all have busy lives and things to be getting on with, no probs

I am just about to upload the doc that Capital One sent in a mo on my thread:

 

http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due-5.html

[Peterbard]

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

 

Hi

We have had conformation for some time that an application form is just that and can not be accepted as an agreement this has been confirmed by th DTI see my recent posting the oft on several occasions and basic comonsence.

 

Regards

Peter

[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

[Peterbard]

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

HI

 

This in itself would be unacceptable even if on an aggrement as the OFT prohibits this kind of conditon how can you mak a decision to purchase when you do not know what it is you are purchasing. Not stating the APR and othe information about the product especially on a distance marketed product would benot be aceptable and not neet the requirements of the act.

 

Regards

Peter

 

Peter

[Zimmie]

Perseus, I'm with you on this. That's one of the arguements I'm using against Lowells..who insist that the copy application form they sent me is an agreement.

 

A couple of lines above where I signed to apply for a CC it states:

 

If my application is accepted......blah blah I can't read the rest!

 

The form also has a main header of : APPLICATION FORM

 

and also states:

 

Failure to complete all sections of this form may delay acceptance of your application.

 

I'm quoting all this in my reply to Lowells, also stating that the reference to be bound by CCA 74 in respect of the application is purely pre-contractual. It will be interesting to see their reply.

 

[davey77]

Just had a comment from Cornucopia that suggests this is a reconstructed form: http://i157.photobucket.com/albums/t42/davey77_2007/CapitalOneCCAApplication.jpg

 

Also Zimmie, that's very interesting your post. I will be interested to note what Lowells answer is?!

[Zimmie]

Lowells..preying on the vulnerable!

 

Hi Davey, this is the thread with full story. I'm off to post my letter rec del shortly...so I anticipate a reply in a week or so. These charming people had me on my knees...but I'm ready for a fight now

[Peterbard]

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

HI

 

I think we really should accept that an application cannot be used as an agreement by now i will repost this again then i will not make any further coments on the matter.

DTI

RT Hon Ian McCartney MP

Minister for Trade Investment and Foreign Affairs

 

James Purnell MP

 

The Consttuency Office

Hyde Town Hall

Hyde

SK14 1AL

 

Dear James

 

“Thank you for your letter of 7th December on behalf of your constituent Mr Peter Bardsley of---------------------”

 

There follows some stuff about the section 77 requests not having to include a signature which is part of an ongoing dialogue we are having.

And continues

 

“Mr Bardsley describes a situation in which he was sent a copy of a company’s standard Terms and conditions when requesting a copy of a signed agreement form.

Just sending the terms and conditions is a breach of the ACT and the Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a true copy of the agreement.

 

If Mr Bardsley feels the rules are being flouted he should report the companies concerned to Trading Standards and the Office of fair trading. It is also a breach of the Act and the Regulations to send the application form rather that a true copy of the agreement.”

 

On the point that Mr Bardsley made on unscrupulous companies adjusting agreements……………………………………… ………………………………………………………………… ……..

 

 

 

Ian McCartney

Peter

vbrep_register("769622")

Regards

 

Peter

[zubo]

Guys

 

I need your help....

 

my son's deep in the brown stuff and I need your careful scan of his lease agreement to ensure all the prescribed terms are there...

 

find me something to query... please

 

http://www.knowledgecommunity.co.uk/cag/bmwlease1.jpg

 

http://www.knowledgecommunity.co.uk/cag/bmwlease2.jpg

 

thanks

 

Z

[tomterm8]

I am no longer welcome on CAG

[ian1969uk]

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

 

In this case whether it's an agreement or application is irrelevant. If it doesn't have the prescribed terms in the signature document, it is completely unenforceable.

[M.Willows]

Hi

How can you tell if it is a reconstructed agreement,as I think my Cap One might be as lines are a bit zig zag in the boxes around the sig boxes.

[davefirewalker]

I am rather surprised that it says that the lease agreement is non-cancelable at the top of the form, since this is in contravention of my understanding of the consumer credit act.

 

No it is correct in what it says....A NON cancellable agreement is valid in these sort of cases........otherwise youve got the car and then you could cancel the agreement !

 

 

ZUBO..... I'm looking at it , but at first glance it looks ok......Sorry, will check again though

 

 

Dave

[davefirewalker]

Hi

How can you tell if it is a reconstructed agreement,as I think my Cap One might be as lines are a bit zig zag in the boxes around the sig boxes.

 

Thats probably due to bad scanning or putting the paper in at a slight angle

 

Dave

[NitrousOxide]

Hi,

In my CCA request to CapQuest they responded with and I quote "Please provide us with a copy of your passport and driving liscence so that we may compare signatures."

I don't think so matey, I know how to cut copy and paste.

[Guest Battleaxe]

Oh, you are going to spoil their fun in creative writing

[M.Willows]

I didn't think they had the intelligence:lol:

[NitrousOxide]

Still have to wonder why they want it though, either they have it or they don't. I sign every letter I send to them!! (Oh dear, what if they use them).

[yaffsimone1]

Still have to wonder why they want it though, either they have it or they don't. I sign every letter I send to them!! (Oh dear, what if they use them).

 

I have to admit i will never sign a letter or send a cheque, always a postal order. Sometimes creditors will send the letter back asking me sign it for security purposes but hey they have had my custom for years and have had my signature on plenty of occassions. I buggered im going to let them have it when sending a CCA request!

[Cornucopia]

Hi,

In my CCA request to CapQuest they responded with and I quote "Please provide us with a copy of your passport and driving liscence so that we may compare signatures."

I don't think so matey, I know how to cut copy and paste.

 

Seriously, joking aside absolutely DO NOT provide anything. This has all the hallmarks of reconstructive conjecture and is completely illegal. My suggestion would be to get your 3 year old niece/nephew/child of neighbour/random child in street (obviously with consent of parent:o). Hey, what the hell, I'll give you my nine year old's sig, why not test it and see what they do.

 

Blue Peter, anybody??????:D:D:D:D

[M.Willows]

Yes I send postal orders and if they deny receiving this I report the letter as missing to royal mail only to get the reply my postal order was cashed