companies NOT regulated by consumer credit act

[groovychickmum]

okie dokie....i think it would be a good time to start a thread stating which companies are issuing default notices under the pretence it is covered by cca.

i'll start............VIRGIN MEDIA

 

 

 

BT

overseas transactions .....www.timeshare.org.uk/cca74.html

MOBILE PHONE COMPANIES ?

[sequenci]

Defaults can and will be applied on your crf for non-regulated agreements, some might be challengable, some maybe not.

 

Don't get confused by default in the consumer credit sense and "default" from breaking an agreement on a non-regulated agreement. Saying that, You should always attempt to challenge anything you're not happy with on your crf.

[groovychickmum]

i did, virgin media, and it was removed due to 'not being regulated under cca,though using same reference to default. cant have one without the other.meaning, virgin media we dont have to supply signed agreement,we are not regulated under cca

but using same act to default...thats' what i am saying.

 

by the way, i had no account anyway, it had a veriation of my name at a address i lived at 2004 this was under virgin, then noticed this was in reference to ntl at an address i didnt live EVER. asked cra to remove,at first.no chance, i replied and said they must make sure the information on peoples crf's are correct, they replied, we will remove wrong address, i said this is not good enough, they basically said they believed virgin(a company who i have never been with, who had took over ntl, but i can truthfully say at the addresses (1 i hadnt lived at) i hadnt had ntl.

so, in the end, i got sick of cra , so slapped the 'you are as much to blame as virgin for wrongly issuing wrong data' email, also citing the not regulated by consumer credit act....then got email saying, they are sorry and removed entry by virgin media, and send new credit file.

it takes a while, but got there in the end.......while i'm talking here, an 'non' update on welcome, no reply to letter saying thanks for the s.a.r. and the proof they sent me 'in writing' stating the account was fully written off in may and how come they didnt send any letters stating this and can i have the payments back that were paid 'after' the write off.

[sequenci]

i did, virgin media, and it was removed due to 'not being regulated under cca,though using same reference to default. cant have one without the other.meaning, virgin media we dont have to supply signed agreement,we are not regulated under cca

but using same act to default...thats' what i am saying.

 

I think you were very lucky there. I don't think many other firms will remove credit information as easily.

 

Virgin are quite correct in the sense that they don't have to send out an agreement under a CCA request. They still would under a S.A.R - (Subject Access Request).

[MikeSplicer]

So I am I right in thinking that because I had a phone service from Talk Talk which was passed to a DCA and now that DCA is updating my CRF. This is wrong?

 

Talk Talk have never appeared on my CRF and its only since it was passed to Fredricksons that my payments have appeared. I originally asked fredricksons for a CRA without realising that it would not be covered by a CRA because it was a telephone service they did not reply at all.

[tiglet]

Can anyone actually clarify what types of company require a consumer credit license?

[sequenci]

Can anyone actually clarify what types of company require a consumer credit license?

 

any that deal within the consumer credit industry:

 

Lenders

Debt Collectors

Debt Counsellors

 

that kind of thing.

[tiglet]

Thanks - always good to have clarification for everyone, as I've noticed a few threads where people seem to be confused.

 

Perhaps a sticky so people can check for themselves would be helpful?

[NitrousOxide]

Hi Sequenci,

I'm with Virgin media. It may help if I explain.

The contract with them is not regulated or associated with the CCA in any way shape or form.

Yet when they default you it says "Default issued under the CCA 1974".

Hope that helps.

[The GodMother]

Ok so can u do anything if they issue a default notice and it says "Deafult issued under the CCA 1974". I have a default notice under that act can i appeal it as they are adament that they are correct in issuing under the CCA of 1974.

[shane5408]

Ok so can u do anything if they issue a default notice and it says "Deafult issued under the CCA 1974". I have a default notice under that act can i appeal it as they are adament that they are correct in issuing under the CCA of 1974.

 

i would always suggest challenging them, at the end of the day there's no downside to sending a letter to that effect. I would also recommend putting pressure on the CRA as well, they have a responsibility to ensure all data is accurate and to take reasonable steps to do so, they are also, (in my experience) very wary of arguing their case in court, to my knowledge everyone i know of who has challenged a CRA legally has had the info removed prior to legal proceedings.

 

regards,

shane

[gizmo111]

My recent contract with Virgin, clearly states it is regulated under CCA 74

[sequenci]

My recent contract with Virgin, clearly states it is regulated under CCA 74

 

That is interesting, as it doesn't have to be.

 

A Running-account agreement which is repayable in one instalment is exempt due to the nature of the lending. This includes things like mobiles, gas, electricity accounts and also charge cards (amex). I'm wondering why Virgin choose to do this? Are you paying for anything on a spread payment? I know why Sky they do this with their HD boxes etc.

[tomterm8]

That is interesting, as it doesn't have to be.

 

A Running-account agreement which is repayable in one instalment is exempt due to the nature of the lending. This includes things like mobiles, gas, electricity accounts and also charge cards (amex). I'm wondering why Virgin choose to do this? Are you paying for anything on a spread payment? I know why Sky they do this with their HD boxes etc.

 

Some of the recent mobile phone agreements are charging the entire contract up front, with equipment purchase, and PPI, and then charging interest on the lot. If you pay in one installment, the agreement in effect is almost interest free credit.

[sequenci]

Some of the recent mobile phone agreements are charging the entire contract up front, with equipment purchase, and PPI, and then charging interest on the lot. If you pay in one installment, the agreement in effect is almost interest free credit.

 

is that is people take items on a spread payment. I know when I worked for Vodafone, their store staff used to create two agreements. One for the airtime (non-regulated) and one for any spread payments (regulated)

[NitrousOxide]

Hi,

My contract doesn't definately.

You may be correct in assuming it's for the rental of certain equipment. Virgin have the new V+ boxes now and mobile so it could be for that.

Strictly speaking though if it is only for items paid for in advance or lease then that's what you should be defualted against. How could they default you under the CCA and include the whole amount owing that includes things like the phone bill? This is paid monthly by use and is unknown until you get your bill yet is included as an amount in the default.

You should only be defaulted under the CCA 1974 for what you actually borrowed.

 

EDIT:

My insurance is the same. The insurance company is paid upfront and I pay the loan back.

[The GodMother]

The deafult notice was issued by........Virgin Media.......... I am challenging it with them. I have CCA'd them but this was before i new they were not covered by the CCA regs. They have sent a copy of the T&C's not relating to when the account was opened tho. The account was opened as NTL. I am looking at the T&C's now and no where does it say the Consumer credit agreement of 1974.

 

It does say the agreement which means:- the terms and conditions set out in this document, the othe legal stuff, together with all the details set out in any contract we ask you to sign.

 

Now the next question is can i demand they send me a copy of this contract document they may have asked us to sign? As we never got a contract and we never signed a contract.

[Oh Boy!]

I never signed a virgin agreement, they have marked my credit ref with a late payment notice. I have asked them to remove it this morning but idiot telephone monkey says NO.

 

Next point of attack, is requesting my agreement my signature to show that i have agreed for them to put crf data.

 

begining to hate virgin.

[The GodMother]

No nor have we and they sent me t&cs when i reguested my agreement.

[NitrousOxide]

Interesting.

My dad never had a new agreement either. He only had his Telewest one from yonks ago.

[The GodMother]

when i asked for the copy of the agreement that would have been signed at the time of opening the account i got t&cs from when VM took ova but we signed up to NTL.

[Oh Boy!]

This is all nonsense.

 

Some one has already told me (from the forum here) that irrespective of weather you had knowledge of the T&C's you have deemed to accept them. surely that is utterly bullCr*p.

 

So are you telling me that because i never signed a agreement and because i have accepted the telephone service, BT or Virgin can turn round and say, we are going to charge for whatever we like, default when ever we like, without having the need to prove that I had the knowledge of the costs involved, and without my written express permission that they can process data in any format they wish, either now or in the future.

 

How can anyone tell me that just by agreeing to have a telephone that i am bound by their TC's, what about my TC's.

 

This making mad. :-x :-x