Here you go, I think this is what you need. [ATTACH=CONFIG]50960[/ATTACH][ATTACH=CONFIG]50961[/ATTACH][ATTACH=CONFIG]50962[/ATTACH]

Hi Thanks for the explanation, didn't know it could be so complicated! I was always rubbish at maths at school. According to the prescribed terms and confirmed by Peter, as I took out a loan, the rate of interest isn't required in my case. Peter also reckoned I could possibly challenge if the interest has been incorrectly calculated however your calculation indicates the interest charged is pretty much correct. So, all in all, I think I will have to admit defeat and accept it is probably enforceable. Appreciate your help Daz (BTW I did the scales for you, didn't know about that!)

Hi gh Many thanks for this, it helps loads. I think the £178 was paid 2 months after the agreement date so that's month 2 which means APR is 18.84% from your calcs. That makes it 0.14 out from the figure they put on the agreement (which was 18.7%), so it's out, but only just. Do you reckon the calculation would stand up in court as an argument the agreement is unenforceable as it breaches the Total Charge for Credit Regulations 1980? Being just 0.04 over the limit is so slight but at the end of the day it is still over Cheers Daz

Hi Peter Sorry to pester but have you had a chance to check the calculation? If you are a bit busy I'd be grateful for the excel formula if that's ok? Cheers mate Daz

Hi I'll just wait for you to look at it when you have time. I'm not so good with formulas and commands in excel so I'll leave it to you if that's alright! Any help you can give is really appreciated Peter, thank you. Daz

Was this message for me Peter? Bit confused as the link takes me to this same thread? :-?

Hi Peter That's useful to know. I think it may be worth me checking the calculation then? Would you still be able to check it for me or if not can I have the excel formula (or file) you use please? I'm so glad I joined this forum, you guys are great! Many thanks Daz

Hiya Peter has kindly offered to check the calculation for me via another thread. I have asked the question though of whether the calculation is irrelevant as the interest rate is not a required part of the prescribed terms in my case? Cheers daz

Hi Peter This is appreciated. I've actually asked you about the APR in one of your other threads as I wasn't sure if you would have seen this post being as it is so old so apologies. I now understand the APR for me is not required in the prescribed terms as I took out a loan not credit card. I assume this now means the correctness of the interest calculation is now irrelevant? Cheers Daz

Hi Peter Thanks for the advice, sorry I should have spotted that when I read your first post. So would you say that looking at my CCA it is probably enforceable? Thanks Daz

Hi all I'm new to this and would really appreciate some advice on my CCA. From what I've read, it appears that the APR does not constitute part of the prescribed terms as it should be showing the actual rate of interest which is different. Have I understood this correctly? Would someone mind just checking my CCA which only has the APR as far as I can see? If you spot anything else that is not a prescribed term, I'd be grateful to hear your thoughts. HBOSCCA3.jpg picture by daz10277 - Photobucket My DCA are going to take me to court as they believe it is enforceable so your advice would be a big help. Many thanks Daz

Hi there I've been searching all night for advice on whether the APR on my CCA is correct or not and it certainly doesn't seem very simple! This old thread is the nearest I could find so I'm hoping someone can help me. The formula in the regs is so complicated, I couldn't do it manually so I've tried to use online calculators. I've calculated the correct APR to be not within +/- 1% of the APR stated but I'm not confident I'm right. I just cannot get the same monthly payment or interest charged based on the APR shown. My CCA is here:- HBOSCCA3.jpg picture by daz10277 - Photobucket Anyway, my actual questions are - 1. Does the APR have to be correctly calculated and within the 1% tolerance to be enforceable? Looking at the advice provided this appears true? 2. If the CCA is challenged in court, is the onus on me or the OC/DCA to prove the interest and APR is correctly calculated? All other aspects of my CCA appear to have all the prescribed terms intact, I'm just really hoping I can argue the interest element hasn't been correctly calculated or APR is wrong which will render it unenforceable. Apologies if this has already been covered elsewhere. Any help would be really appreciated. Thanks Daz

Ok, might do that, thanks for all the advice

I've had a friend look at my CCA and he spotted that the interest charged does not correspond to the APR stated or the monthly payments so we think it is unenforceable. Think I'll probably send the DCA the letter which states the prescribed terms are not intact etc and put the onus on them to prove it is. If I were to do a CPR31.16, where would I find a suitable letter? Thanks.

Do you mean the CPR 31.16? If so, I found this thread which seems to indicate CPR 31.16 could be risky? http://www.consumeractiongroup.co.uk/forum/barclaycard/231792-charlick-barclaycard-cpr31-16-a.html What do you reckon?

1. It says "if you do not keep up the payments due under this agreement you will become liable to pay any additional costs incurred by us in accordance with Clause 2 of the terms and conditions..." (they didn't send me the terms & conditions). That's all I could find. Here's a link to the CCA, would you mind taking a look and let me know what you think? HBOSCCA3.jpg picture by daz10277 - Photobucket 2. It was nearly 10 years ago when I got the original default notice but I'm pretty certain I did get it. Do they need to demonstrate the default notice was lawfully sent to get a CCJ?

Mine is Direct, Legal & Collections (aka Hillesden Securities). Very aggressive, pushy lot. Threatening me with the CCJ, bankruptcy, the lot. I didn't realise they had to have proof of default. I thought all they needed was a compliant credit agreement and proof they owned the debt i.e. the notice of assignment?

Well they have sent me what seems to be a true copy of the CCA which looks like it complies with the prescribed terms although someone is double checking it for me. I was quite gutted as the OC is HBOS (who have a rep for being rubbish at finding the original paperwork), the agreement is 10 years old so wasn't expecting them to find it! I asked for the notice of assignment confirming they own the debt but they haven't sent that. I'm considering SARing them.

So is the new DCA trying to get a CCJ on you?

Hey dx thanks for that They got detailed info by doing a credit search with Call Credit who happily gave them details of all my credit accounts. I've never given the DCA consent to do this and all they say is that they "have a right" to do so. Surely DCAs don't have this right to check my CRA file whenever they fancy? Can I do anything about it do you think? I used to talk to them but stopped after I CCA'd them and learnt about how to deal with these DCAs from helpful people like yourself! Cheers

Hi anyone I defaulted in 2000 for a loan of £9k and have been in a payment plan for 9 years (!), regularly paying each month to a DCA. Last month the DCA told me they want to take me to court for a CCJ if I don't pay in full (and I can't as its £7k o/s). The debt dropped off my CRA file in 2006 however the DCA searched my CRA file with Call Credit in Sept, without my permission (can they do that?), and found I had got a loan recently and wanted to know why I hadn't paid them. Anyway, my question is, how likely is it that a judge would grant a CCJ to them considering I have been in a payment plan for so long and never missed a payment? The DCA also claim the judge would take a "dim view" that I got a loan and didn't pay them (BTW I've already been down the CCA route and unfortunately they provided a true copy etc so it's definitely enforceable) Cheers