advanced credit card england spreadsheet: "Column I, AMOUNT PAID, should be the amount paid in respect of the balance, not the amount shown on the statement in respect of the previous month" eh? also if i enter the amount i have credited my account by into the 'amount paid' column, the spreadsheet deducts that figure from the amount i entered in the 'statement balance' column. The spreadsheet then presumes the result of this simple sum to be the new balance, but there are other transactions taking place on the account such as spending and credits not entered into the s/s. So the amount in remaining balance is never correct! - I have left the 'amount paid' column blank and this seems to result in a more reasonable result.

Sterling stuff Nicklea, thanks for putting me straight

Update: Have downloaded + installed Openoffice, also saved the spreadsheets Have gone through statements - they owe me more than 2K in charges Now starting to understand interest that can be claimed on the charges: Charges + interest accrued specifically on those charges and then add contractual interest on top contractual interest is the rate i have been charged on my overdraft do i appear to be getting this right so far? Sat down to go through all the Barclays charges for my preliminary letter and realised that they have sent me an incomplete list of transactions, only going back as far as '05 - although i have had the account for longer. I am now sending Barclays template 2: http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-.html I dont want Barclays sending any more info to DCAs - Is it appropriate to also send an s10 notice at this point?

Thank you BF and MD52 Sending a letter to the dca asap

Thanks Nicklea, I'll up the application form that CapOne claim is a CCA in the next few days - as soon as i can get to my local library to use their scanner. I'm grateful for your further comments too, I find the legal facts surrounding reclaiming charges a mindfield, and am more confused now than ever. I am beginning to wish i chose bankruptcy and left it at that, either i'm misunderstanding a lot of what I read or there is seriously conflicting information across this site: The text below is taken from the Account in Dispute letter, posted by one of the site team here: Goldfish CCA request - The Consumer Forums "I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.... I also noticed the following text at the bottom of the S10 notice template letter in the CAG library: http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates/234-s10-data-protection-act-notice-if-you-have-been-defaulted-for-unlawful-penalties-.html ".........the High Court decision of the 24th April 2008 which found against the banks. It is now almost a certainty that this decision will be confirmed and that it will be made clear that the banks level of charges are unfair and therefore unlawful. This means that insofar as any debts which you may owe to the bank are comprised of penalty bank charges, these debts are invalid. Any information which the bank has recorded against you which suggests that you owe them this money is untrue and is therefore held by the banks unlawfully. It follows also that any passing of this information to any third party is also an unlawful act as is the holding of that untrue information by those third parties." Which law(s) does this text refer to? Both of the above quotes gave me confidence to add in my letter that capquest and cap one are breaking laws by sharing my information whilst the account is in dispute. However, after reading Nicklea's comments, I currently think that the original creditors can pass / sell the debts to a DCA but the DCA cannot pursue enforcement or file a default - Is this correct? Have i misunderstood the letters i quoted? Can anyone clear this up?

nice one havinastella, thanks

I'm working on this too. Am having difficulty aswell and would love to know how other caggers have worked out their interest.

I have a DCA threatening legal action over a £600 or so overdraft I used to have with Barclays. However Barclays owe me well over £1000 in bank charges and I am about to send the Preliminary Approach For Repayment Letter to them. http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates/111--letter-preliminary-approach-for-repayment.html Will me sending this letter put the debt into dispute and arm me with something to get the dca off of my back for a while?

Ok, Im easily confused by the laws and regs, thank you for your help

thanks 42man, will do as advised. would be interested in your opinion too if you are up for having a quick look at the regs - let's hope that the interest rate is one of the prescribed terms - i feel everyone should have the right to see something as important as the interest rate when signing up for a debt. I'm hoping to clear my debts with full and final settlements out of court, and dodgy credit agreements can put a debtor in a stronger position when making offers.

could someone who has an understanding of the cca 1974 and associated regulations please confirm whether the interest rate is part of the prescribed terms for a fixed sum credit agreement

Schedule 1 of the regulations document is entitled INFORMATION TO BE CONTAINED IN DOCUMENTS EMBODYING REGULATED CONSUMER CREDIT AGREEMENTS OTHER THAN MODIFYING AGREEMENTS it seems that if interest rate is a prescribed term, it is not for all fixed sum credit agreements, as there are stated exceptions in the regulations. The full paragraph 9 of Schedule 1 reads: 9. Agreements for fixed-sum credit except agreements-- (a) which do not specify either the intervals between repayments or the amounts of repayments or both the intervals and the amounts; (b) under which the total amount payable by the debtor to discharge his indebtedness in respect of the amount of credit provided may vary according to any formula specified in the agreement having effect by reference to movements in the level of any index or to any other factor; © which provide for a variation of, or permit the creditor to vary, (whether or not by reference to any index) the amount or rate of any item included in the total charge for credit after the relevant date; or (d) under which the total amount payable by the debtor is not greater than the total cash price referred to in paragraph 4. (1) The total charge for credit, with a list of its constituent parts. (2) The rate of interest on the credit to be provided under the agreement or, where more than one such rate applies, all the rates in all cases quoted on a per annum basis with details of when each rate applies (3) A statement explaining how and when interest charges are calculated and applied under the agreement

I am no lawyer and may be wrong here, could someone on the site team perhaps look into this? Have been looking at the 1983 consumer credit (agreement) regulations found here - http://www.consumerforums.com/resources/templates-library/57-statutes/176-consumer-credit-act-1974-and-related-regulations-.html After reading the following much quoted post, I thought the interest rate did not constitute one of the prescribed terms for fixed sum credit (most loans) credit agreements: "The Prescribed Terms are these A Amount of credit A term stating the amount of credit B Repayments A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following- (a) Number of repayments; (b) Amount of repayments; © Frequency and timing of repayments; (d) Dates of repayments; (e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable. C Rate of interest A term stating the rate of interest to be applied to the credit issued under the agreement D Credit limit This may be a term or the manner in which it will be determined or that there is no credit limit For a fixed Sum Credit Agreement A and B apply" Reading through the 1983 credit agreement regs, I noticed paragraph 9 of Schedule 1: "Total charge for credit, rate of interest, etc. 9. Agreements for fixed-sum credit: (1) The total charge for credit, with a list of its constituent parts. (2) The rate of interest on the credit to be provided under the agreement or, where more than one such rate applies, all the rates in all cases quoted on a per annum basis with details of when each rate applies (3) A statement explaining how and when interest charges are calculated and applied under the agreement." could someone who has an understanding of the cca 1974 and associated regulations please confirm whether the interest rate is part of the prescribed terms for fixed sum credit?

bump!

If you started to kick up a fuss about it in court, wouldnt they just be able to produce it then?

Can somebody please help me in deducing whether this meets the prescribed terms for a CCA? Recently received a response to the SAR i sent capital one, which included a signed application form, at the bottom of which is a section entitled "credit agreement regulated by the consumer credit agreement 1974". There is no other agreement included in the SAR response, so if this app form doesnt come up to scratch it looks as though they don't have a true cca. Here's the relevent parts of the application form: "Capital One uses a technique known as "credit scoring" in deciding whether to open an account in your name and if so, what credit limit you will be given. Capital One will also use this technique throughout the life of this agreement to assess your credit limit and the interest rate and other charges to be applied to your account, all of which may be varied." then there's a bit about marketing etc.. then just above my signature: "I am applying for three credit cards each with 0% interest on purchases for the first 6 months and thereafter variable rates of 13.12% pa (11.5% apr and 5.9% on balance transfers), 15.67% pa (13.6% apr and 6.9% apr on balance transfers) and 18.85% pa (16.9% apr and 6.9% apr on balance transfers) I understand that if my request for the 11.5% apr credit card is approved, you may choose not to issue the other credit card with a higher rate. This is a credit agreement regulated by the consumer credit act 1974. Sign it only if you want to be legally bound by its terms."

Thanks for the reply Brindles Will take your advice and write to Capquest with copy of sar Pretty sure i got the correct address. First sent SAR & £10 postal order to: Capital One Bank (Europe) plc Trent House Station street Nottingham NG2 3HX sent chase up letter & another copy of sar to: CAPITAL ONE BANK 350 EUSTON ROAD LONDON NW1 3JJ I started another thread in the General forum, please post any further comments there http://www.consumeractiongroup.co.uk/forum/general/190209-retrospects-capital-one-capquest.html

thank you havinastella what shall i say to capquest in the mean time?

Late last year I started to get together the information needed to claim charges made by bank accounts and credit cards and on 18/11/08 Capital One received an Subject Access Request from me requesting statements, credit agreements & anything they have sent to a third party that relates to me. The account has been in dispute since 03/12/08 as I still have not received any response from them. In a letter 29/01/09 Capquest wrote to me saying they have recently bought the debt from Capital One, so Capital One have ignored my Subject Access Request and sent my details to a third party while the account is in dispute. On 10/02/09 I wrote to Capital One to outline the problem, mentioning the fact they have ignored my Subject Access Request, the account is in dispute and that they have breached the Data Protection Act by passing the debt to Capquest - still no response. Also, on the 10/02/09, I sent a letter to Capquest explaining that the account should not have been passed to them from Cap One and that this action is in breach of CCA 1974, Data Protection Act, OFT guidelines and the CSA code of practise to which they subscribe. Capquest replied with a letter saying that they bought the debt on 23/01/09 from Capital One in good faith, they were not made aware of any issues…. Etc Shortly after, on the 19/02/09 Capquest wrote again stating that they have conducted an investigation and Capital One have advised them that there are no details of a dispute on the account, that I should provide Capquest with the details of the dispute within 28 days or they will continue with collection on this account. I don’t think that I should send details of the dispute to Capquest as the disputed amount is between me and Capital One – It is Capital One that owe me the illegal bank charges. Where do I go from here? (moved this here from the cap one group as it has not recvd response there)

Late last year I started to get together the information to claim back charges made by bank accounts and credit cards and on 18/11/08 Capital One received an SAR from me requesting statements, credit agreements & anything they have sent to a third party that relates to me – I have proof they received the SAR as I sent it recorded delivery. The account has been in dispute since 03/12/08 as I still have not received any response from them. In a letter 29/01/09 Capquest wrote to me saying they have recently bought the debt from Capital One, so Capital One have ignored my SAR and sent my details to a third party while the account is in dispute. On 10/02/09 I wrote to Capital One to outline the problem, mentioning the fact they have ignored my SAR, the account is in dispute and that they have breached the DPA by passing the debt to Capquest - still no response. Also, on the 10/02/09, I sent a letter to Capquest explaining that the account should not have been passed to them from Cap One and that this action is in breach of CCA 1974, DPA, OFT guidelines and the CSA code of practise to which they subscribe. Capquest replied with a letter saying that they bought the debt on 23/01/09 from Capital One in good faith, they were not made aware of any issues…. Etc Shortly after, on the 19/02/09 Capquest wrote again stating that they have conducted an investigation and Capital One have advised them that there are no details of a dispute on the account, that I should provide Capquest with the details of the dispute within 28 days or they will continue with collection on this account. I don’t think that I should send details of the dispute to Capquest as the disputed amount is between me and Capital One – It is Capital One that owe me the illegal bank charges. Where do I go from here?

thanks, just the one £10 postal order then! saves me much needed cash:-)

another point i should make is that another co. called direct legal & collections were asking for money on my egg account earlier this year & now capquest, if i did have any money how would i know who to pay?

please help! I sent my SAR off to egg and thoughtfully included that i'd like to see the credit agreement. this letter was sent 15/11/08 so account not in dispute (yet). The next day i received a letter from capquest dated 14/11/08 asking for moneys to be paid on my egg account by 27/11/08 or action.... i dont have any money so cant pay. capquest are asking for money to be paid to egg so it looks like they are just acting as collectors for egg - do i need to write to capquest at all or should i just deal with egg?

long overdue update sent cca / notice of assignment / statement of acc. request to IQOR on 17/10/08 sent letter informing IQOR that the acc. they hold in my name is in dispute on 11/11/08 on 15/11/08 sent SAR to: egg, capital one, barclays & bank of scotland. The sar to bank of scotland is to cover a credit card with halifax, a loan with capital bank which was passed to blair oliver & scott - just one sar? also had barclaycard & barclays bank acc - as they are both barclays products does this only require one sar? thanks

i am in the process of sending SAR's to all of my creditors i have had a halifax credit card & an aa loan (capital bank) (this loan was passed onto blair oliver & scott). as i understand it halifax, blair oliver & scott and capital bank are all Bank of Scotland Plc - can anyone verify this. Can i just send one £10 fee & letterr to BOS to cover all the above if this is correct? thanks in advance