Cap1 & CCA return

[Number6]

I have done the same with Barclaycard, hence their silence of late.

 

This is the application form but it is also headed (in much smaller font) credit Agreement regulated by the consumer credit act 1974 and also carries the cancellation notice, and its fully signed and dated, so yes it is the agreement. They have even attached a bad copy of their terms and conditions.

 

Hang on though.

 

In order to comply with S61 doesn't the agreement have to contain all of the terms and conditions?

 

(1) A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed

terms and conforming to regulations under section 60(1) is signed in the

prescribed manner both by the debtor or hirer and by or on behalf of the

creditor or owner

 

If there are T&C's on a seperate sheet does that not invalidate the agreement?

 

Pete

[tamadus]

Then me being bloody minded me I would be inclined to tell them to either get a judge to enforce it or go swivel!

 

Pete

 

I really am tempted as they went into default on 5/9/06. At the very least I want a full reason for the delay and some form of compensation.

 

I'm going to have to draft this letter very carefully methinks. Discuss it with you later this evening if your free Number6. Going to run out shortly for some groceries and to get a new scanner so you can see the full letter.

[Number6]

I really am tempted as they went into default on 5/9/06. At the very least I want a full reason for the delay and some form of compensation.

 

I'm going to have to draft this letter very carefully methinks. Discuss it with you later this evening if your free Number6. Going to run out shortly for some groceries and to get a new scanner so you can see the full letter.

 

I shall surely be around at some point, probably after 8.30.

 

You have my email if you want to send any scans through.

 

Pete

[tamadus]

Hang on though.

 

In order to comply with S61 doesn't the agreement have to contain all of the terms and conditions?

 

 

 

If there are T&C's on a seperate sheet does that not invalidate the agreement?

 

Pete

 

Afraid not as long as they provide the terms and conditions as part of the agreement at the time of signing the signature confirms you have also read them. At least it does on this.

[un1boy]

Afraid not as long as they provide the terms and conditions as part of the agreement at the time of signing the signature confirms you have also read them. At least it does on this.

 

Hi Tam,

 

Does it say on your 'agreement' that signing confirms you've seen them?!

[tamadus]

Hi Tam,

 

Does it say on your 'agreement' that signing confirms you've seen them?!

 

Yep afraid it does

[MoonHawk]

pmsl

 

I love the way everyone has become so pedantic about the crosses on the t's and dots on the i's After so many years of thinking the banks must be right, we are all going "is that comma in the right place or does it change the meaning of the term".

 

Best Wishes

MoonHawk

[Mike220359]

I have today recieved from Lloyds TSB a copy of the application form/ credit agreement as requested in August.

 

Nice grovelling, apologetic letter with it but no explanation as to why it was not sent within the CCA time frame.

 

The question now is as they are well outside the timeframe what action do I take? Their default of course is now resolved but in theory it will still take a court order to enforce the agreement. The letter is also dated 17 October and arrives on the 24th October so I am left wondering what postal service they are using.

 

They do indeed have to take you to court to enforce the document.

 

Now the pivotal question is it signed by Lloyds TSB as well as yourself? If I remember when I filled in an application form with them, it was one of those 'junk mail' type forms which only had one box for a signature. If there is one signature then it doesn't satisfy section 61, so cannot be enforced under the act.

 

Mike

[tamadus]

pmsl

 

I love the way everyone has become so pedantic about the crosses on the t's and dots on the i's After so many years of thinking the banks must be right, we are all going "is that comma in the right place or does it change the meaning of the term".

 

Best Wishes

MoonHawk

 

Me too I guess they have taught us something other than they can't be trusted LMAO:D

[Number6]

Halifax Card Services have put a new twist on responses to S78 requests.

 

I wrote on 13th September enclosing my £1 cheque.

 

Today I've received a letter dated 24th October containing my returned £1 cheque, the letter says:

 

Reference No. *******************

 

Thank you for your correspondence regarding the above numbered account. Please find enclosed your cheque as per telephone conversation

 

{I've never spoken to them!? }

 

Please note that the information you requested will be sent out under sperate cover.

 

Your letter has been sent to the appropriate department to enable them to deal and you should hear from the section in due course.

 

Should you require any further assistance, please do not hesitate to contact us.

 

Yours, etc

 

Talk about not understanding the definition of deadline!! Their 12 days were up on 3rd October and in six days they will be in "criminal" default.

 

And as for enclosing my cheque as per telephone coversation, well..... someone is hearing the voices!

 

I eagerly await my information.

 

Pete

[MoonHawk]

And as for enclosing my cheque as per telephone coversation, well..... someone is hearing the voices!

They may have had more than one request and (scarily) may have, in their head, got yours mixed up with someone elses.

 

Best Wishes

MoonHawk

[Number6]

They may have had more than one request

 

lol, lol, lol, lol, lol

 

Pete

[tamadus]

I think the pressure is starting to get to them. Not only are they hearing the voices but they hold full conversations with them now

 

Number6 did you get my email last night? talk when you can about it.

[Number6]

Number6 did you get my email last night? talk when you can about it.

 

No I didn't.

 

I seem to have had a wadge of emails go astray yesterday evening. Could you please resend it?

 

Pete

[tamadus]

resent it

[pugsley]

I got a leter from Natwest the other day saying thank you for writing to them about charges, lol I have just opened this account and have never wrote to them about charges, maybe they will start sending it out to every customer just in case.

[un1boy]

lol

[tamadus]

I got a leter from NatWest the other day saying thank you for writing to them about charges, lol I have just opened this account and have never wrote to them about charges, maybe they will start sending it out to every customer just in case.

 

The voices are really getting to them now lmao

[un1boy]

This has just been posted:

 

Just got back from the library.

 

1983No.1557

 

Consumer Credit Act

 

 

PART III

 

Firms of notice of cancellation rights to be included in copies of cancellable executed agreements sent by post to the debtor or hirer under section 63(2) or (4) of the act.

 

Section 63(2) refers to notification to be given within seven days of the agreement date obviously no fee is required for this it is basically so that you can check your rights to cancel so no signature would be necessary.

 

We are applying under section 77-79 of the act

 

Reference to this is given in SI 1569

 

Requirements for this information is given in the act .

 

Seems that someone has been trying to confuse us.

 

in this thread:

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply-20.html

[tamadus]

I just saw and replied to it un1boy. peter has done well as my copy of the regs hasnt arrived yet.

 

This is exactly what we all suspected and now gives us another battle front we can raise for any company that uses this as an excuse.

[un1boy]

Oh sorry!!

[pford]

your in the same boat as me sheffield trading standards are going after them for me over this they been in default for 104 days now.

[tamadus]

your in the same boat as me sheffield trading standards are going after them for me over this they been in default for 104 days now.

 

Not sure who this is addressed to pford ??

 

Trading Standards ( or whatever their new group names is) will be as slow as any other regulatory body. Their advantage is they take the pressure off us so we can get on with other claims

[pford]

sorry was in response to post 323

[tamadus]

Ooops it happens sometimes