Cap1 & CCA return

[tamadus]

You raised some very good points - I've just rad through Smile's Terms and conditions and there is nothing in there about it being a regulated agreement.

 

Same bank I use

 

Lets say the jury is still out on this one at the moment, Logic says the overdraft should be regulated as running credit, but in reality an overdraft is usually repaid each month (or when money is paid in). My guess is bank accounts and overdrafts are not directly regulated by the CCA, hence the Banking Code. But they must be regulated by some statute, just a case of which one.

[meagain]

Me again, its actually 12 working days + 1 calander month, not 30 days. Usually that wont make much difference but I would still give them that couple of days just to be sure they can't come back and say your a day early.

 

This I know. I was saving myself some typing

 

Either way - do I bother replying to them or do I just let the time limit run out and then tell them off?

[Number6]

This I know. I was saving myself some typing

 

Either way - do I bother replying to them or do I just let the time limit run out and then tell them off?

 

Let it run out.

 

I've just received a copy of my application form from one of my CC companies - shame that a) it's 3 days into "criminal" default and b) it's headed simply "For your signature" and they haven't signed it.

 

 

Pete

[clint1974]

i have asked barclaycard rbs cc, northern rock and black horse finance for a copy of my credit agreement. So far only Black Horse have supplied it.

[tamadus]

This I know. I was saving myself some typing

 

Either way - do I bother replying to them or do I just let the time limit run out and then tell them off?

 

I've just conducted a straw poll of the residents in my road and every one of them says LET IT RUN OUT

 

seriously let it expire then simply write to them saying its now unenforceable and stop any payments. We have to get at least one of them ready to go into a court one day lol

[tamadus]

i have asked barclaycard rbs cc, northern rock and black horse finance for a copy of my credit agreement. So far only Black Horse have supplied it.

 

This is starting to become a bad habit now.

 

I can understand one or two being sent late or not at all, but it's starting to look like none of these companies has a clue about keeping the agreements. They also dont know the CCA or they would send copies out on time.

[tamadus]

Let it run out.

 

I've just received a copy of my application form from one of my CC companies - shame that a) it's 3 days into "criminal" default and b) it's headed simply "For your signature" and they haven't signed it.

 

 

Pete

 

Hi Pete, I'm wondering now how old this one is. It's obviously never been executed properly and is immediately unenforceable.

[Number6]

Hi Pete, I'm wondering now how old this one is. It's obviously never been executed properly and is immediately unenforceable.

 

You mean when was the application made?

 

2003

 

Pete

[tamadus]

You mean when was the application made?

 

2003

 

Pete

 

And they still haven't signed and executed it? Incredible how naive and stupid they can be.

[Number6]

And they still haven't signed and executed it? Incredible how naive and stupid they can be.

 

Pretty amazing eh?!

 

Pete

[Number6]

In fact, one of the documents I got back even has a box for the CC company to sign it..... and they haven't!

 

Pete

[e28bigalbexley]

Hi ya

Pete, Thanks for the info on my CCa Agreement their one is signed but my two copies have not been signed by them + as Dave knows dates in signature box are different to mine/certain bits of info are missing/added just looks a right botch (better put that i got edited last time).

Also got one through from bc dated 01/5/00 can see my sig then theres a bloody great barcode sticker over the rest of the signature box i can make out CCA statement just, and R2C box apart from a few x's everything else is typed in by them? ie name, address, previous add, employer ect. the whole thing is condenced down to less than A4 and a right bad photocopy it is too.

By the way Dave got my Defence and an AQ from the court today AQ, needs to be in 21st nov.(franking machine's working again).:grin:

[tamadus]

Hi ya

Pete, Thanks for the info on my CCa Agreement their one is signed but my two copies have not been signed by them + as Dave knows dates in signature box are different to mine/certain bits of info are missing/added just looks a right botch (better put that i got edited last time).

Also got one through from bc dated 01/5/00 can see my sig then theres a bloody great barcode sticker over the rest of the signature box i can make out CCA statement just, and R2C box apart from a few x's everything else is typed in by them? ie name, address, previous add, employer ect. the whole thing is condenced down to less than A4 and a right bad photocopy it is too.

By the way Dave got my Defence and an AQ from the court today AQ, needs to be in 21st nov.(franking machine's working again).:grin:

 

About time you got that Al

 

I really am having difficulty believing they are so slapdash about credit agreements and the CCA. After making so many obvious errors in every aspect they still have the brazen nerve to demand payment, issue defaults and tell us they are right and we are wrong.

 

Pete it isnt just amazing it's totally incredulous. I can almost imagine the film of all this

[clint1974]

Well Northern Rock have responded saying that they will process my request for a copy of the CCA Agreement they have had 2 weeks already, and why write telling me that why not just supply a copy as asked for?!

[un1boy]

Well Northern Rock have responded saying that they will process my request for a copy of the CCA Agreement they have had 2 weeks already, and why write telling me that why not just supply a copy as asked for?!

 

I know, bloody stupid isn't it?

[Number6]

It simply shows either:

 

a) Contempt for the CCA, and hence the law

 

or

 

b) They have no clue about their legal obligations

 

or

 

c) Contempt for their customers.

 

Probably all three of the above

 

Pete

[pford]

It simply shows either:

 

a) Contempt for the CCA, and hence the law

 

or

 

b) They have no clue about their legal obligations

 

or

 

c) Contempt for their customers.

 

Probably all three of the above

 

Pete

 

you missed one

 

d) Data Protection Act 1998

 

so all four of the above:mad:

[Guest The Terminator]

House of Lords - Bradford & Bingley plc (Appellants) v. Rashid (FC) (Respondent)

 

I thought you might like to take a look at the above judgement.Some of the points made are very interesting.

[sam19677]

House of Lords - Bradford & Bingley plc (Appellants) v. Rashid (FC) (Respondent)

 

I thought you might like to take a look at the above judgement.Some of the points made are very interesting.

 

Sorry to be a pain sweetie, but can you translate it for me! Thank you Sam x

[tamadus]

Sorry to be a pain sweetie, but can you translate it for me! Thank you Sam x

 

Trying to cut it down into bite sized chunks after glancing through it very quickly. ( I'll read it in more depth later)

 

The Law Lords granted the appeal because 2 letters basically admitted the debt existed. Which goes to show that when you try and negotiate a settlement for a debt your trying to avoid (which the person in this case appears to be trying to do) its better to clearly state the letters are 'Without Prejudice'

 

Those 2 letters caused the Law Lords to decree that the statute of limitations didnt apply.

 

I suspect the Law Lords might have ajudicated differently if those 2 letters had been without prejudice.

[tamadus]

you missed one

 

d) Data Protection Act 1998

 

so all four of the above:mad:

 

You missed a 5th reason

 

They dont have a clue what they are doing

[tamadus]

you missed one

 

d) Data Protection Act 1998

 

so all four of the above:mad:

 

Now you missed one Pford

 

They don't have a clue what they are doing:lol:

[tamadus]

Now you missed one Pford

 

They don't have a clue what they are doing:lol:

 

Oops I managed to post that one twice, is anyone else having site database problems tonight ?

[tamadus]

On a totally different subject did anyone see the article in todays Daily Mail ?

 

Basically it said that the FOS are now inundated with complaints and the head ombudsman has warned banks to stop giving customers the run around and start to accept that the charges are unlawful. He also said that the FOS may make a ruling if they dont start paying it back.

 

I can scan the full article if anyone wants to see it.

[mcuth]

On a totally different subject did anyone see the article in todays Daily Mail ?

 

Basically it said that the FOS are now inundated with complaints and the head ombudsman has warned banks to stop giving customers the run around and start to accept that the charges are unlawful. He also said that the FOS may make a ruling if they dont start paying it back.

 

I can scan the full article if anyone wants to see it.

 

Is it this one? Looks fairly similar to me....

 

Cheers

 

Michael