Cap1 & CCA return

[un1boy]

I just called a DCA to see if they got my CCA LBA breach letter and she said so, are you saying that you haven't spent this money? I said, I am not having a conversation about it over the phone, and she said well I can assure you that these contracts, their terms and conditions etc are sent out accuratley. I just said to her, well clearly, they aren't. She was a nice lady and so I just said, look, I'm not tlaking about this over the phone - I'm awaiting your response from your solictors!!

 

It made me laugh when she said they are accurate!!!

[cadencealex]

I just called a DCA to see if they got my CCA LBA breach letter and she said so, are you saying that you haven't spent this money? I said, I am not having a conversation about it over the phone, and she said well I can assure you that these contracts, their terms and conditions etc are sent out accuratley. I just said to her, well clearly, they aren't. She was a nice lady and so I just said, look, I'm not tlaking about this over the phone - I'm awaiting your response from your solictors!!

 

It made me laugh when she said they are accurate!!!

 

the thing is, the monkeys we deal with over the phone either have no conviction in what they are saying (they KNOW the bank charges are awful)... or they have been brainwashed by the banks into believing the charges are fair (the 'I'm alright Jack' attitude)... so we don't get anywhere with them at all!

 

I wonder if all the banks are clubbing together now to see how they can fight off disgruntled consumers.. because they're all in the same boat now ... Natwest could offer advice to HSBC etc...

[debt_mountain]

I am on a PPI rant at the moment an going for everyone I have ever had PPI (mis sold)

 

questions

 

1 - Under the CCA if the account is all paid up and they can't find the agreement can I do anything? They have supplied the statement of accounts and I know the start dates, ppi monthly payment etc but wonderering if they can legally lose such an important document.

 

2 - And if it is lost how can they share my credit info. (well that was a few questions)

 

Thanks

[Mike220359]

I am on a PPI rant at the moment an going for everyone I have ever had PPI (mis sold)

 

questions

 

1 - Under the CCA if the account is all paid up and they can't find the agreement can I do anything? They have supplied the statement of accounts and I know the start dates, ppi monthly payment etc but wonderering if they can legally lose such an important document.

 

This is a tricky one since under section 77 & 78 (subsection 3 (I think)) they are not legally obliged to provide the document if the account is settled or there is no money owing. However, it would be very difficult to proove that it complied with section 61 of the CCA act if you said that you belived that the original agreement did not staisfy it.

 

2 - And if it is lost how can they share my credit info. (well that was a few questions)

 

Thanks

 

Thats a good question and one that surleybonds has written alot of advice about.

 

Mike

[alanfromderby]

I am on a PPI rant at the moment an going for everyone I have ever had PPI (mis sold)

 

questions

 

1 - Under the CCA if the account is all paid up and they can't find the agreement can I do anything? They have supplied the statement of accounts and I know the start dates, ppi monthly payment etc but wonderering if they can legally lose such an important document.

 

2 - And if it is lost how can they share my credit info. (well that was a few questions)

 

Thanks

 

Have you tried a DSAR?

[Guest The Terminator]

the thing is, the monkeys we deal with over the phone either have no conviction in what they are saying (they KNOW the bank charges are awful)... or they have been brainwashed by the banks into believing the charges are fair (the 'I'm alright Jack' attitude)... so we don't get anywhere with them at all!

 

I wonder if all the banks are clubbing together now to see how they can fight off disgruntled consumers.. because they're all in the same boat now ... NatWest could offer advice to HSBC etc...

It wouldn't surprise me if they all have a chin wag. I noticed in todays paper that it didn't take them long to advertise their new interest rate.

[Guest The Terminator]

I am on a PPI rant at the moment an going for everyone I have ever had PPI (mis sold)

 

questions

 

1 - Under the CCA if the account is all paid up and they can't find the agreement can I do anything? They have supplied the statement of accounts and I know the start dates, ppi monthly payment etc but wonderering if they can legally lose such an important document.

 

2 - And if it is lost how can they share my credit info. (well that was a few questions)

 

Thanks

 

Just wondering if the PPI is added to the balance then the interest rate applied, if it is then I beleive it's another breach of the CCA

[tamadus]

Wooppe I'm a classic customer!

 

Woohoo Mike you hit the magic 150 marker

 

I'm after the 750 now and Platinum status

[tamadus]

Julian, very good post and reflective of probably all of this sites 89,000 members (last time I looked).

 

You ask if you were solely responsible. I answer that witha resounding NO.

 

When I was 16 and getting close to leaving school and actually starting to work for a living, I had it drummed into me that credit was for emergencies only. Yet, over the years I have seen plastic cards pushed onto us whether we wanted them or not, Now I see a world where plastic is king in every sense, Companies are now refusing to take legal tender by way of cheques to further the plastic age.

 

When I was 16 Banks did not deal in mortgages, and only allowed credit if you had a long and excellent banking history with that branch. I knew that a letter from my bank manager was serious.

 

The Banks have created a world of credit where we are all in their debt, they own us body and soul.

 

Yes we are in many ways responsible because we believed what they told us because we trusted them. The wonderful rosy picture they painted has now turned into a scribbled mess.

 

Everything in this world has an equal and opposite, and the credit situation is no different. It too is a double edged sword and is now starting to turn back on it's master. The banks in their infinite wisdom of being perpetually right will soon have to admit that the relentless pursuit of ever bigger profits is biting back.

 

WE the consumers are now showing the banks and any other conglomerate that we are no longer prepared to sit back and accept, without question every fairy tale we hear.

 

89,000 members is a lot of consumer power, and applied correctly it's enough to make a huge difference. If we all turn around and tell the banks no more plastic, if we all tell the fuel companies no more huge prices for a scrap product (petrol), the gas and electricity companies who raise prices when gas is currently wholesaling for pennies. heck we can even tell the government no more tax rises and political correctness.

 

Yes we are resposible, but not solely resposible for the mess we are in. We are responsible for not fighting back earlier and stopping it get this far.

[tamadus]

A good post Julian.

 

Problem with credit is, it's too readily available - there is no getting away from it. In the high street people approach us with credit card offers - in the shops we are offered 10% discount cards, knocking a few quid off our purchases in store if you take the card there and then.... it comes through our doors frequently... it's all over the internet. And people want to keep up with the Jones'.

 

At 18 I had lots of credit, it was brilliant. I always had the latest mobile phone, the 'money' to go out all the time, the opportunity to go abroad, stay in nice hotels.... basically live a watered down version of a champagne lifestyle on lemonade money! Where did it get me? Defaults all over my credit file - something I didn't learn about until my early twenties, and having to pay back all the creditors over the past few years - an ongoing project!

 

It's Christmas soon. I wont even look online at toys/presents. Everything I buy will be bought cash, and if we can't afford it, we wont have it. Simple.

 

My grandad (early 70's) is a chartered engineer albeit retired. He has worked hard to achieve what he has, and he did it without relying on the credit we rely on so much. A few weeks ago he was telling me about the 'lads' he grew up with in their early twenties. They all bought properties, started in two up two down terraces across Liverpool. They sat on Orange boxes until they could afford to buy furniture. Now they all own huge houses in the nicest areas, lovely cars.. and don't have to watch their bank balances. I looked around my house, 4 leather suites.. several huge telly's, several computers... consoles... etc etc... but we're broke. We've done it all back to front.

 

Well not anymore.

 

Do we really need most of the clutter we have accumulated on credit? how on earth can we watch multiple TV's? Do we really need tv in every bedroom?

 

We have all got caught up in the aggresive marketing that surrounds us to the point that we want it all. I used to have about 6 credit cards, every one of them now lies dead as a reminder not to go down that road again.

 

I too used to buy whatever I wanted, whenever I wanted it. Now I buy whatever I need whenever I need it. Its a much nicer feeling picking up the mail every morning.

 

The big difference lies in those 2 little words, WANT and NEED

[debt_mountain]

Just wondering if the PPI is added to the balance then the interest rate applied, if it is then I beleive it's another breach of the CCA

Excellent, I have the GE (Tricity loan) and a Clydesdale that both do this. So even if they are paid in full can I claim the PPI or can I claim the full loan?

 

thanks

 

ps can someone send me a link to a copy of the CCA 1974, thanks

[debt_mountain]

Have you tried a DSAR?

yes, I got the statement of account as a simple printout but it showed the PPI (£400 on a 3000 loan) and £400 charges. So I thought before I go for the PPI and charges I would like to see the agreement, but they don't have it anymore and also stated they don't need to have it.

 

But I managed to find a copy in my files tonight and as pointed out above the ppi is added to the loan amount before the APR is applied, so now I need to find out what that entitles me too.

 

What a bl__dy mess my finances were in. Its great to turn the tables.....

[tamadus]

Excellent, I have the GE (Tricity loan) and a Clydesdale that both do this. So even if they are paid in full can I claim the PPI or can I claim the full loan?

 

thanks

 

ps can someone send me a link to a copy of the CCA 1974, thanks

 

firstly it will very much depend on how the total charge for credit has been calculated. Basically if you have been charged interest onm the cost of the PPI and it hasnt been included in the total charge for credit then you should have a good case.

 

the CCA can be found here Consumer Credit Act 1974

[tamadus]

yes, I got the statement of account as a simple printout but it showed the PPI (£400 on a 3000 loan) and £400 charges. So I thought before I go for the PPI and charges I would like to see the agreement, but they don't have it anymore and also stated they don't need to have it.

 

But I managed to find a copy in my files tonight and as pointed out above the ppi is added to the loan amount before the APR is applied, so now I need to find out what that entitles me too.

 

What a bl__dy mess my finances were in. Its great to turn the tables.....

 

has this account been settled or is it still running ? if it's the latter then they most ceretainly do need the agreement.

[tamadus]

Sorry cancel that I just saw your first post.

 

Once the account is settled then the agreement terminates naturally so isn't needed any longer. Your case would of course be easier to prove with it as it should state the total charge for credit.

 

Once the account is settled and the agreement is terminated then your permission for them to process your data is also terminated. The rules are that they can only process data for a reasonable time after the account closure. That reasonable time is NOT 6 years lol.

[debt_mountain]

has this account been settled or is it still running ? if it's the latter then they most ceretainly do need the agreement.

No it is the formr, it is settled. I am just wanting to push these sods as far as I can.

 

I know the PPI is refundable it is hard printed on the agreement (maybe why they can no longer find the agreement) and the charges are also due but just wondering if the PPI was incorrectly detailed on the agreement can I chase them for the full amount of the loan.

[e28bigalbexley]

Hi all

I'll agree very much with whats been said.

My son got a 100% morgage with his g/f a couple of years ago.. £175000 terreced house 2 beds, then the the morgage company very kindly gave them a £30,000 loan on the equity of the place, (i know houses down here can be exspensive but were talking SE london here) any way the pressures they were under finally put an end to that relationship and now he is back home still got loads of debt wrapped round him but we have managed so far to keep him with his head above water. It is to easy to get into debt far to easy the government dont care they are far to busy raking in massive tax profits from the banks, and boosting there pension/share porfolios(read board member) to care , anyway if you were on 60 odd grand a year plus exes would you (bit cynical that). the good guys that really used to protect Joe Public are gone, everyone now in a position of authority just seem to be feathering their own nest.

When i looked at the 2 boys 10 years ago growing up i thought it would be hard for them to own their own house/flat whatever (another indoctorinated thought) if i knew than what would have happened, now what 57 year morgages looks like the banks/MCo's have already spoken to the government about increasing retirement to 83 and thats only for a basic education.

Why is it that the Regulatory bodies DONT !

Anyway i got my own probs with a dog thats meant to bite but it would appear that its lost its dentures so i will utilise the help offered on here, and for that i am very grateful.

Anyway i had a bottle and a half red wine (i been off the drink for 5 weeks) and if this dont make any sense i dont care please accept my appologises:wink:

 

AL

[debt_mountain]

firstly it will very much depend on how the total charge for credit has been calculated. Basically if you have been charged interest onm the cost of the PPI and it hasnt been included in the total charge for credit then you should have a good case.

 

the CCA can be found here Consumer Credit Act 1974

thanks for the link.:grin:

[e28bigalbexley]

firstly it will very much depend on how the total charge for credit has been calculated. Basically if you have been charged interest onm the cost of the PPI and it hasnt been included in the total charge for credit then you should have a good case.

 

the CCA can be found here Consumer Credit Act 1974

 

Oh i have got 2 of them also.

 

Luv it:wink:

[Number6]

The big difference lies in those 2 little words, WANT and NEED

 

This is very true.

 

I'm constantly hammering home the difference to my kids, they so easily say I "need" such-and-such and occasionally they do but 99% of the time it's want.

 

They are learning the difference.

 

Pete

[debt_mountain]

firstly it will very much depend on how the total charge for credit has been calculated. Basically if you have been charged interest onm the cost of the PPI and it hasnt been included in the total charge for credit then you should have a good case.

Can you point me to the section in the CCA that covers this? thanks

 

I do also have another question. Is there a time limit on the reclaiming of PPI?

[breadline]

I hedl a cap one account untill 2003 cleared the balance and wrote to request the account closed.

 

I rang them in 2004 and asked if i could have another card account. i was sent a card and no contract by what i could find outthey just activatedmy old account.

 

I recieved 1 Contract in my SAR, and it is not dated?

 

am i right in thinking that my position warrented a newly signed agreement, and I should have 2 contracts and most definately should be dated??

 

im considering requesting the viewing of this 1 contract as its easy to transfer a signature to a form in a computer but you can't do it with dates.

[tamadus]

Can you point me to the section in the CCA that covers this? thanks

 

I do also have another question. Is there a time limit on the reclaiming of PPI?

 

If I recall correctly section 20 covers the total charge for credit. There are a number of case histories around that it would be worth reading through as well, some have links in previous posts on this thread.

 

I have no idea regarding a time limit on PPI claims, my personal view is that most PPI is like extended warranties.... worthless, so I would definitely chase the company about it regardless of time involved. At the end of the day it's an insurance and the sale of which is covered by specific rules regarding mis-selling. The much quoted phrase that springs to mind regarding insurance is customers best interest.

[tamadus]

I hedl a cap one account untill 2003 cleared the balance and wrote to request the account closed.

 

I rang them in 2004 and asked if i could have another card account. i was sent a card and no contract by what i could find outthey just activatedmy old account.

 

I recieved 1 Contract in my S.A.R - (Subject Access Request), and it is not dated?

 

am i right in thinking that my position warrented a newly signed agreement, and I should have 2 contracts and most definately should be dated??

 

im considering requesting the viewing of this 1 contract as its easy to transfer a signature to a form in a computer but you can't do it with dates.

 

Breadline,

 

I think debt_mountain has the same situation regarding restarting an agreement after the account has been settled and closed. The current opinion is that a completely new agreement is needed. Read back over this thread to get up to date on their situation.

 

My personal belief is that once an account is settled and closed then a completely new application should be completed and a new agreement and account should be issued.

 

It's just as easy to forge a date as a signature, but forgery is a criminal offence so police involvment would be advised if you can prove it. I would do a section 77/78 request for the executed agreement. To be properly executed it should have date of signature by both parties to the agreement.

[breadline]

It's just as easy to forge a date as a signature, but forgery is a criminal offence so police involvment would be advised if you can prove it. I would do a section 77/78 request for the executed agreement. To be properly executed it should have date of signature by both parties to the agreement.

 

I was shocked that it was processed with no date, transferring a signature over on a computer would be easy. But not a date as the date would also need to be written by the same person.

 

I see what you are saying with Manuel re dating but not clip and paste. As They have no dates from me that they could use.

 

BL:)