Is My Agreement Enforceable - Useful

[N.P]

Hi I am having real problems with 1sr Credt they are really nasty and demanding payment in full they have given me 1 month to pay or are going to take me to court and go for a charging order on my property. Did you get you cca from them or are you still waiting. could you tell me how it has ended.

 

 

Hi Sammy,

 

Welcome to CAG, your in the right place for real help from people who WANT to help.

 

Do you have a thread for this? If not, then please start one as soon as you can and paste a link to it on here, so we can find it.

 

Also, you`ll need to scan up your letters from these parassites so we can see what we`re up against. You`ll need to register an account on Image hosting, free photo sharing & video sharing at Photobucket This is where we all save our scans and paste the links into our posts in these forums.

 

The sooner you get started, the better.

 

Your original query regarding 1st Credit probably means they did not purchase the debt and have gone back to Lloyds to see if they have the agreement.

 

Hope this helps.

 

Regards

 

 

 

N.P

[N.P]

NP, I'd like to be able to do this scanning in, but my techi qualifiactions leave a lot to be desired.. At what point can you/do you have to blank out the personal details? Is it before you post them to photobucket or can you do it once they are on there?

 

Ta, sorry to digress from the thread..

 

 

Hi andrew1,

 

Can I just ask, is this a serious question or are you taking the biccie? It`s just a find it hard to beleive that a CAG user with such a high rep score and input as you should need to ask this question. I don`t mean to sound cheeky, but that`s just how I see it

 

Anyway, I use Photoshop, but you could use any other image editing software.

 

Simply scan your document into your software as an image, I use JPEG format and then you can edit out anything you want by simply placing coloured blocks, squares, triangles or whatever you want over your letter.

 

I like to use grey blocks over my name, address, account numbers etc, then simply resave the image again with the blocked out information.

 

You can then upload them to Photobucket (you`ll need to register first, which is free). From Photobucket you can paste the links into your CAG forum posts, which in turn will then display your image (document).

 

Hope this helps, if not just shout!

 

 

 

N.P

[N.P]

Oooops,

 

Andrew1, you can also edit images on Photobucket, but I find it easier to edit them first, then upload the image.

[N.P]

:D Don't I just love someone with a sense of humour? Hey, Bankfodder owns the flippin site and he doesn't know it all either, c'mmon, give us a break, I earned my green blips for slaying Cabot with the Cabot Fan Club, not designing software! I truly didn't know !!

 

I thank you for the guidance and for the recognition of being amongst the greats of the forum with so many blips and hopefully I can contribute to the thread later with some stunning, Cabot Fan Club style......GEMS! Just like yourself

 

Thanks NP, very much appreciated and again, sorry for hijacking....

 

 

Sarah

 

 

Hah hah! No probs Sarah, or Andrew or whatever your name is, Now I AM confused

[N.P]

Hi Muffintop,

 

No offense or joke was meant.

 

I just honestly thought, most users were really familiar with scanning documents and using Photobucket.

 

Now you have mentioned it though, I have noticed andrew1 hasn`t actually scanned any documents, it never occured to me that she may not know how to do it.

 

Anyway, I`m sure you can also see it from my side.

 

No harm done, let`s all kiss and make up and beat the bad guys (and dolls) together.

 

Ciao for now.

 

 

 

N.P

[N.P]

Thanks J,

 

i did sign the first letters, hopefully though this isn't too big of a deal. i can honestly say i have not signed any agreement between Blair et al and myself. the only agreement i signed was the original loan when i first applied for it with halifax/bos.

 

Think i need to carry on paying my overdraft bill tho as apparently this is exempt from CCA. Don'tknow how to progress with that aspect of it.

 

Will keep you all posted. I didn't realise it was only 12days, i thought it was 30 for the initial letter requesting agreement copies.

 

thanks again.

 

 

Hi rb2010,

 

Can you start your own thread on this and post a link on here so we can link to it? This will help us to help you without getting threads and posts mixed up.

 

At present I have a dispute with Lloyds TSB regarding an account and overdraft, this includes charges, and they haven`t shown up with the overdraft agreement they say I have broken. They also requested payback of the overdrawn account, and my arguement was it wouldn`t be overdrawn if they returned all the charges applied to the account. They returned some, but not all.

 

I have stopped payments and the account has been frozen for almost a year now. The same goes with the Credit Card account, only they have an agreement, which I can`t blummin` read.

 

Accounts and overdrafts are exempt from CCA 1974, but they still have to prove the debt exists, and if there are charges applied, that will also help you.

 

Start you own thread and link back to here, so we can help and follow your progress.

 

By the way, I wouldn`t use a debt management plan as you can sort this out yourself. And, I`ve never gave a DCA a single penny and never will, as they are just a bunch of empty heads that should be bombed

 

Ciao for now.

 

 

 

N.P

[N.P]

Looks like some sort of an application form written in machine code.

 

They do have a point though, we should thank someone for the Act 1974. We`d all be doomed if it wasn`t for that

 

It might not need signing but it should still contain the required terms and this lump of dump has nothing

 

I wouldn`t have paid a £1 for that nonsense.

 

 

N.P

Edited February 4, 2009 by N.P
Missed a bit

[N.P]

Sorry guys but if the cca is returned, what are we looking for just the apr to make it unenforcable? and also would it not be better to ask for charges back before asking them for a cca?

 

 

Hi there,

 

Welcome to CAG. Do you have a your CCA?

 

If so, could you possibly start your own thread for this and scan up the agreement for us to have a look at?

 

Don`t forget to edit out any identifying features, and put a link to your thread on here so we can check it out.

 

Regards

 

 

 

N.P

[N.P]

The Consumer Credit Act was amended so that agreements dated after April 6th 2007 were automatically compliant. [edit]

 

That would seem the case, but it actually makes me laugh.

 

The simple question is, what if agreements don`t comply with the Act?

 

This is grossly unfair as it means the Goverment can change Laws to suit Companies and themselves, so the average Joe Soap can have no rights and will never win a dispute, because he is right and the Agreement which can then be wrong is automatically compliant.

 

The mind is boggling again

 

 

 

N.P

[N.P]

hi nickkarkie,

 

To be honest I can`t really see anything wrong with this CCA, except for the lack of `Cancellation Rights`. But, there is a paragraph stating you have a right to settle the agreement at any time by paying all monies owed. I`m not sure if this means the same thing, because the Cancellation Rights give you a short cooling off period to cancel the agreement incase you chose the wrong product or something to that effect.

 

Once could argue the right to settle is for use once the agreement is under way, therefore you could say you still have no Cancellation Rights.

 

That`s what I would argue anyway.

 

As chalky says, have a look on the Egg Agreements thread, and maybe post up your CCA there, or at least a link to this thread.

 

Hope this helps.

 

Don`t give up hope though.

 

Regards

 

 

 

N.P

[N.P]

all done i never get it right when i do this lol

 

 

From your Photobucket Album Folder, choose which Image / Scan you`d like to use, then you only need to Copy and Paste the IMG Code Link.

 

That way, your Image should appear directly on your CAG post, without the need of Link clicking.

 

Hope this helps you.

 

 

 

N.P

[N.P]

Heather,

 

When you say it was a Consolidation Loan, could you be more specific?

 

IE, what was it to consolidate? Did you receive any extra monies?

 

If so, did you receive the FULL amount of the Loan, or just the extra monies?

 

 

 

N.P

[N.P]

I beleive they ARE allowed to charge interest on the PPI.

 

They are not allowed to charge interest on Service charges - IE. say they charged you an extra £100 for processing the paperwork. They are not allowed to charge interest on that. They must, show the amount of the Loan, then add interest, then add the Service charges (if any) on to the end.

 

They can of course spread the £100 over the term of the Loan, providing they don`t add interest on.

 

The PPI, is also classed as Credit, as you are effectively borrowing it, then paying it back over the term of the Loan.

 

Sorry to put a dampner on things, but I`d be more than happy for someone to correct me if I`m wrong.

 

 

 

Consumer Credit Act 1974

section 9. Meaning of credit.

(1) In this Act “credit ” includes a cash loan, and any other form of financial accommodation.

(2) Where credit is provided otherwise than in sterling it shall be treated for the purposes of this Act as provided in sterling of an equivalent amount.

(3) Without prejudice to the generality of subsection (1), the person by whom goods are bailed or (in Scotland) hired to an individual under a hire-purchase agreement shall be taken to provide him with fixed-sum credit to finance the transaction of an amount equal to the total price of the goods less the aggregate of the deposit (if any) and the total charge for credit.

(4) For the purposes of this Act, an item entering into the total charge for credit shall not be treated as credit even though time is allowed for its payment.

 

 

 

Regards

 

 

N.P

[N.P]

Perhaps you should also start your own thread on this TSB Loan, then paste a Link up here so we can see how your doing with it.

[N.P]

I'm not so sure . There's a ruling on it:-

 

London North Securities Ltd v Mr

 

But then I'm not an expert.

 

 

 

That`s the same as what I posted.

 

They CAN add interest to the PPI.

 

Can someone change the size of that blummin scan? I`m getting sick of all this scrolling up/down/left and right

[N.P]

Hi

 

Is my own thread link if somone can give me a plain english decsion

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/210240-john-lloyds-tsb.html

 

Thanks

John

 

 

 

You need to re-scan these at a larger size, these are unreadable.

[N.P]

You mean they can because they can get away with it?

 

If you look at the link to my scans in my thread below, the calculations are wrong. If they add the PPI into the loan and charge interest on the whole shebang, then the total amount of credit offered is incorrect! That is what the judge mentioned in London North Securities Ltd v Mr.

 

My thread: http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/210160-ppi-amalgamated-into-loan.html#post2300718

 

Thanks, Dipply, for bumping my link again.

 

 

Have you read this Link? The Judge was not referring to PPI in this case. He refer`s to the Charge. IE, the cost of Credit.

 

They can add interest to PPI because you are effectivelly borrowing the money to pay it.

[N.P]

I'm no expert, but maybe the Meadows case is judged that way because the PPI was not optional??? It could be that if it is not optional it becomes a charge for credit, and therefore should not incur interest. There seems to be an issue at stake in the Meadows judgement about whether it was optional or not.

 

Anyone care to comment?

 

 

That looks like the case, Redfish.

 

The PPI was NOT an option in this case. It was simply `added` to make a profit.

 

Let`s call it `extortionate profiteering`, shall we?

 

Also, they weren`t informed that they could have purchased the Insurance elsewhere, probably at a much cheaper rate.

[N.P]

Morning,

 

I`m not saying anyone is thick. Maybe what they had was a Section 18 Multiple Agreement and should have laid everything out as required, BUT just bundle everything into one sum.

 

That would then mean the agreement would be lacking in some prescribed Terms, and therefore would be rendered unenforceable under Section 127.

 

Just a thought.

 

 

 

N.P

[N.P]

You a DCA, Crazzycat? Not that you'd admit it.

 

 

Heh heh, troll, troll, troll, troll, troll.

 

So, Crazycat, are you going to answer the £1 question? Are you a DCA?

[N.P]

Yep, that`s what I was saying.

 

In fact, if you had no choice in the so-called PPI, then it could be seen as an actual Charge.

 

Afterall. Insurance could be purchased elsewhere, so it could still be classed as missold.

 

The fact that you did not want/require it, yet it was still forced upon you could then be regarded as an actual Charge under a different name, in order to try and escape any unenforceability issue latter on down the line.

 

 

 

N.P

[N.P]

The fact that the house was laid down as Security is THEIR insurance that you would need to keep up payments, otherwise they could claim it back.

[N.P]

So, aside from the calculations issue - which I'll look at again at the week-end - I'm going after them on the admin charge and the mis-selling of the PPI. My concern here is that you seem to not be differntiating between the admin charge for the loan and the PPI, NP. DO you accept they are two totally differnt things?

 

 

Hi again Flyboy,

 

Yes, I agree the Charge for the Loan (Admin Fee) and PPI are two different things.

 

But, saying that. It looks as though they have added on the Admin Fee and charged you interest on it, which they are not supposed to. How naughty is that?

 

Also, they appear to have added a second Admin Fee and called it an Insurance Policy, and charged interest on that too. They can charge interest on the Insurance Policy, but it should have been optional to you, and they should have given you they option to check out other insurance products from other companies.

 

The fact they have `added` the PPI without any option as to wether or not you required then makes it a charge for credit, in which case you should not be paying interest on it.

 

Does this make sense?

 

Hope this helps.

 

 

 

N.P

[N.P]

Y'know I'm not trying to dodge out of my debts

 

Of course your not, none of us are, not

 

Who cares? A shady agreement is a shady agreement. It`s irresponsible lending on their part.

 

It was different when they used to bombard us all with Loans and Credit Cards, and hammer us with extortionate charges to make a quick buck for the fart arse at the top in his big house with a big telly on the wall.

 

I say bomb them all, lets go back to the days of pay in hand, instead of in the Bank, only to find half of it gone in charges.

[N.P]

No offence was meant at all dicky, just joking

 

I don`t beleive there`s a lynch mob of any sort.