CCA Agreements (Mark II) PLUS any other topic

[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

[santos ehelper]

Thanks Perseus

 

I will get onto that straight away and I'm sure I will need to ask more questions it just seems abit strange, me, trying to dictate to these people on my terms, never had to do anything like this before so its all new to me

 

Many thanks

 

Santos

[santos ehelper]

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

 

 

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

[elsinore]

Je vous en prie, madame.

 

Els

[redsue]

Can someone help me please for clarification.

If a creditor fails to send an agreement in time (deadline runs out Friday)

 

Can I report them to

- Office of Fair Trading

- Trading Standards

- Information Commissioner

- Financial Services Authority

Is there anyone else I have missed?

 

What action can I take?

N1 to court for non-compliance

Send them a S85 default notice if I want to claim all my interest back?

 

anyone?

[InKogneeToh]

Hi

 

When you say failed to send in time, do you mean within 12 working days of receipt, or that period plus the further calender month?

 

Regards, Pam

[ladybird17]

ATTENTION!!

 

All those wanting to PARTY see this thread:

 

CCA thread bash

Bump for the night shift

[redsue]

Hi Pam

Yes 12+2 working days and a further calendar month runs out tomorrow - although they've apparently only just opened the envelope as the £1 cheque was cashed yesterday.

[davefirewalker]

I hope that you have the original demand recorded !!

 

Dave

[redsue]

yes, got proof of posting in my hand - posted 1st March, received 2nd March according to Post Office track and trace - I think the PO profits must be soaring of late!

I send everything recorded but my OH, bless him, thought he was doing me a favour in posting two letters, 1 was a SAR for Monument and 1 was a SAR for Nationwide Credit Card account!

So I thanked him through gritted teeth, cancelled the cheques and sent them out again - recorded this time

[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

[redsue]

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

not sure yet as I'm still waiting for the SAR info - it was my OHs account, so I'll defo look over it to see if they have added anything on that they should'nt have

[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

[ladybird17]

Lol. snot-a-gram!

 

Love it, Pers.

[Perseus]

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

 

[santos ehelper]

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

 

Hi Perseus

 

I have been reading through the electric lemon v G E and the person who is advising on the matter (Laiste) has said that a default notice has to give at least 14 days, not including allowing for postage times for you to act on it

 

"The Default Notice dated the 22nd February 2007, was not received until the 3rd March 2007, which failed to provide the requisite fourteen days to remedy the alleged breach of contract, as required under the Consumer Credit Act 1974. This renders the Default Notice invalid. Additionally, the amount requested in the Default Notice was in excess of what was actually required to remedy the alleged breach of contract. The amount claimed contains penalty charges, which are unlawful at Common Law, under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. The Default Notice had to be accurate to be enforceable, the inclusion of penalty charges renders it legally invalid"

 

So I think mine is also invalid because the date of the notice to the time scale given to act upon it is 13 days from the date of the notice plus according to the date on the notice it is 4 days from going to print, to being delivered to me.

 

I will draft a letter and post it for you to have a look at (minus all personal information)

 

Many Thanks

 

Santos

[M.Willows]

Hi

I have just found my original Terms and Conditions fo Cap One, they differ from the one they have sent me in my CCA request, where do I go from here.

Thanks

[santos ehelper]

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

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 that you cease from 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.

 

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

 

Dated this nineteenth day of April, in the year two thousand and seven.

 

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

 

Santos

[ladybird17]

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

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 that you to cease from 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.

 

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.

That bit in red doesn't make sense to me....but then what do I know?!

[santos ehelper]

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

 

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 that you to cease from 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.

 

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.

 

 

That bit in red doesn't make sense to me....but then what do I know?!

 

I have no idea either I thought it was legal stuff, I adapted it from surleybonds and all I changed was cease from processing within 21 days to cease from processing with immediate effect because I haven't got 21 days to spare (more like 4)

 

Santos

[InKogneeToh]

Hi

I have just found my original Terms and Conditions fo Cap One, they differ from the one they have sent me in my CCA request, where do I go from here.

Thanks

 

Hi

 

Is the 'copy' agreement you have received from CapOne just the usual application form type with the T&Cs in a different document/leaflet?

 

Regards, Pam

[ladybird17]

ok. Well I'd definitely put the "to" in as it really doesn't make sense without it, then go for it! Sounds like the normal gobbledegook they'd send you!

[santos ehelper]

ok. Well I'd definitely put the "to" in as it really doesn't make sense without it, then go for it! Sounds like the normal gobbledegook they'd send you!

 

Just what I thought

 

Santos

[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