CCA's and Dave against the world !!!

[tifo]

i've had a complaint with Monument and cannot seem to contact anyone anymore, as it has changed to Skycard and they cannot find my claim or my details. All the tel no's now go to Skycard.

 

barclays cannot find anything as well and say to contact Monument.

 

this is after the bank, whoever it is, has offered to pay the claim in full, letter rec'd in June, now no-one can find it!

[tifo]

then if nothing is forthcoming you have the choice as to whether or not to continue paying. (think about that bit carefully)

 

someone somewhere must be responsible for owning the debt.

 

If it turns out that they dont have the agreement then you could (if you wish) just walk away from it.

 

Thanks Dave,

 

The account was sold to Cabot many years ago and i have been paying them up to last year until i did a CCA request. Cabot say they're not the creditor but still want the money.

 

Just received email from FOS (and letter), it is Barclays who will send me a cheque for £1275.

 

This is the only bank via the FOS which has offered to pay me directly (last month they paid charges back to me on another complaint). The rest have said they will pay the DCA and the FOS agree, even when i've settled with the DCA, so i'm stuck with those (£12k of my refunds given away to DCAs).

 

So looks like Barclays are settling this month!

 

They offered £40 of £125 charges a few months ago out of the £1275 i claimed, and now the whole amount which includes charges, PPI, interest on these and interest charged to the total at the statement rate, making £1275. Mind you, this is the figure i gave when it passed to the FOS last year in June 2007 and there's another £350 of interest since then, but i said i'll accept the £1275 (and write off £350) if they pay by cheque, or chase the £1625 if they don't. They said they want to settle.

 

Now, should i chase Cabot on the unenforceable issue and claim interest back that i paid, plus default removal and compensation, as they haven't sent anything resembling an agreement?

Edited June 25, 2008 by tifo

[tifo]

now what should come in the post this morning (wed) an offer from the bank to completely wipe the debt and forgo ANY enforcement or recovery action, (without admitting any liability of course)

 

Lucky you! Well done.

 

I wish the DCAs were like Barclays.

[tifo]

Most DCAs are quite easy to handle ... unless you get the likes of cabot or lowells.

 

but getting them to do ANYTHING is a pain especially removing defaults etc

 

I have 3 accounts with Lowell and 2 with Cabot and none have complied with s.78 requests but Lowell continue to huff and puff every week. Cabot went quiet last year.

 

And they continue to record defaults which is what hurts.

[tifo]

I have 3 accounts with Lowell and 2 with Cabot and none have complied with s.78 requests.

 

.... and numerous with other DCA's.

 

Altogether, these are hurting a lot and i have passed a few to the FOS, who sometimes seem to think that because i have other defaults, i am not entitled to receive any compensation for the one i am complaining about as it doesn't affect my credit rating. Yes, it does i say, it shows me owing more than i really do.

 

For two complaints, i have been awarded compensation by the FOS but this has then been used to send to the DCA, along with my charges refund.

[tifo]

I think there was something posted by Bankfodder about having to declare and pay tax on any refunds you get from the Banks. I can't find it at the moment.

 

As far as i remember that post, the actual amount of charges is your own disposable income being returned to you, so is not taxable. You already paid tax on this.

 

If you get any interest or an amount above the total charges, that needs to be declared as income. This is the way i am doing it but will call the IR to confirm.

[tifo]

anyone with MBNA agreements sold to Cabot should check whether or not they are designed around IRISH law within the agreement too...not sure what that was all about, but they won't stand up in an English or Scottish Court that's for sure

 

Would that apply to all MBNA agreements, including ones sold to other DCAs?

 

How would i find out if Irish law applies?

[tifo]

Look at the agreement and see which law it says it relates to English or Irish

 

don't have it, DCA only sent an application form.

 

should i ask MBNA directly for the agreement?

 

2 accounts have been sold to DCA, i have a CCJ for each and a charging order on one.

 

last year, MBNA paid me charges back and paid interest at the statement rate. Still chasing them for the PPI which was more than the charges. Application form clearly ticked 'NO' and they've said they have no record of the 'conversation' in which i later agreed to have this.

[tifo]

Does anyone know if s.78 CCA 1974 and OFT debt collection guidelines apply to current account overdrafts as HSBC are saying they don't?

 

I've received a response to an 'unfair treatment' letter i sent to HSBC bank re their lack of CCA response and selling the account. They've referred to their solicitors as i allege many things.

 

Their letter states that a s.78 CCA request cannot be fulfilled because no credit agreement exists in relation to the overdraft because of Part V exemption etc. and that the CCA 1974 does not apply to current accounts because there is no 'credit'. Because of this, the OFT debt collection guidelines also don't apply.

 

They're quoting an OFT determination of 21 December 1989 and that nothing has to be supplied re s.78 and they don't have to comply with OFT debt collection guidelines. I can only find references to a determination of 1 February 1990 and in the Coutts & Co case.

 

Yet, at court for this account, their POC stated "payment due under an account regulated by the CCA 1974" and i got a CCJ. I still have this showing on my records even though i don't owe HSBC any money for this account as it was sold, but i've been told that the CCJ passes to the new owner even though it was given to HSBC.

 

I need to respond to them soon as it's been a few weeks but i cannot get a definate answer here.

Edited August 3, 2008 by tifo

[tifo]

Not to split hairs Dave, but I think you missed out the PD from "cpr 16(7.3)" as it's actually in the practice direction - just so folks don't go looking for the non-existent 7.3 in CPR 16

 

CPR 16 7.3

 

7.3 Where a claim is based upon a written agreement:

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

[tifo]

Hiya FG!

 

I am after a booklet published by the OFT that explains all about the prescribed terms. The link at the OFT has been deleted by them. All I know is the booklet is referenced OFT786a.

 

milly XX

 

Milly, i uploaded this for you on the other thread also ...

 

MEGAUPLOAD - The leading online storage and file delivery service

[tifo]

If Tifo does come back....I notice the document says 'Draft.' Do you happen to know if it was ever finanalised??

 

No, i don't know. This is the only copy i have, can't seem to find a finalised one on my PC. I think it should be OK though.