Cap1 & CCA return

[tamadus]

I haven't got the address at hand but if you go to New Egg Home you should get the address by the way they are sticking up their interest rates yet again that's about 3 in as many months.I think it's the Pride Park address your looking for under contact us.

 

Thank you I got it although egg card has a different address but this one should work for a DPA SAR.

 

Also about to go through my smile statements and then try phoning them

[Ally]

cheers Tamadus,

 

Keep watching this space Ally:p

 

If you want to PM me about some of your problems we may be able to help. Otherwise start a new thread and ask for help from the rest of the forum.

 

I Have a tread going in D&B advice which hopefully I have included the link for!! (1st try at it) But I also have 3 others that I need to sort 2 active one fully re-paid which was all charges (MBNA)

any help, opinions or advice will be fantastic, have been dealing wih the one's who are chasing me the most first

 

thanks

Ally

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/33520-1st-credit-littlewoods-woolwich.html

[tamadus]

cheers Tamadus,

 

 

 

I Have a tread going in D&B advice which hopefully I have included the link for!! (1st try at it) But I also have 3 others that I need to sort 2 active one fully re-paid which was all charges (MBNA)

any help, opinions or advice will be fantastic, have been dealing wih the one's who are chasing me the most first

 

thanks

Ally

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/33520-1st-credit-littlewoods-woolwich.html

 

Dealing with the persistant offenders first should keep them at bay long enough for you to sort out the rest. I actually started on 3 who were pushing hard plus an old bank account that I knew had a good amount of charges against it following my divorce so I went after them as well to swell the coffers a bit. just started on the next round and realised I already have 6 started in some form or other lmao. Ah well may as well try and get it all back before xmas

 

I'll try and catch up on your threads tomorrow evening as its getting a bit late to start tonight if I want any sleep at all lol.

[ecobabe]

ally I posted on your thread in the debt & baliff forum as i said there I would start by sending them a CCA request that'll make em sit up!

[Guest The Terminator]

OMG no way? even though they must know we are onto this ( they monitor the threads) Definitely no section covering the CCA ?

 

It was the copy of the first executed agreement that was missing

 

I was hoping that somehow we could register their default status, it would be interesting to have a company do a credit check and find Humpty is in default to you lmao.

 

I'm looking into that tomorrow

 

I'm looking forward to hitting Crapital One again as I have accepted their settlement offer but told them in no uncertain terms the credit has to affect my payment history. If nothing else £50 of it is court fees and is new money into the equation. I also told them to remove the default notice and if they dont comply with both points I will issue proceedings to ask a judge to order it.

 

Good Luck there,sincrely hope they get mauled

 

Can't wait till Thursday when Lloyds TSB and Barclaycard officially become criminals

 

And I hope they get locked up and the key is thrown away.The law can put you away for 25years for robbing a bank so what gives them the right to not have the same punishment when it's the other way around.Whats good for the goose is good for the gander.

[tamadus]

And I hope they get locked up and the key is thrown away.The law can put you away for 25years for robbing a bank so what gives them the right to not have the same punishment when it's the other way around.Whats good for the goose is good for the gander.

 

In their case I'll take the money and let the law deal with them seperately

[Guest The Terminator]

Very interesting phone call from MBUSA a little earlier regarding my account.My reply was" I refuse to speak about my account until such time that you have replied to my letter regarding harrasement sent to you on the 20th September 2006."We have not received any letter" was the reply from MBUSA."Sorry but it was sent recorded delivery and under the cca(1974) a letter posted first class or by recorded delivery is deemed to have been served the next working day".With that MBUSA put the phone down on me.Now doesn't that tell you that the CCA is not being complied with.The next shock will be when they receive their default notice and I intend to register it.

[Ally]

ally I posted on your thread in the debt & baliff forum as i said there I would start by sending them a CCA request that'll make em sit up!

 

Thank you ecobabe & Tamadus have read & replied will no longer trespass on this tread ( Sorry MODS)

 

Ally

[Mike220359]

Kids Kids please be quiet about this at the moment there are two that I'm dealing with under section 85, and really they don't know whats hitting them. As my signature says I'll post things when I've finsihed, don't forget the men in black are watching this, start PM ing or do things by email.

 

Regardless of what we think this is a very public forum, with 'visitors' able to see what's going on.

 

Mike

 

I'm sorry I'm so excited, 85 hasn't even been repealled by the 2006 Act, it still inforce under it, forget arguing the toss about unfair charges, this is the real hot potato

 

Mike

[tamadus]

Thank you ecobabe & Tamadus have read & replied will no longer trespass on this tread ( Sorry MODS)

 

Ally

 

No problem at all about trepassing. Just yell if you need any more help and I'll come running to your thread.

[tamadus]

I'm sorry I'm so excited, 85 hasn't even been repealled by the 2006 Act, it still inforce under it, forget arguing the toss about unfair charges, this is the real hot potato

 

Mike

 

I had noticed that about the latest revision Mike,

[Guest The Terminator]

Mike: Its good to have you on board.This is a very hot potato which i've had veryified by a lawyer.Now doubt the men in black are watching but not even they can change the law.Let us know how your case is going because as I said in previous threads this is the "loophole" in the law.It's a pity that it has taken 32 years to expose it.

[Guest The Terminator]

Thank you ecobabe & Tamadus have read & replied will no longer trespass on this tread ( Sorry MODS)

 

Ally

Ally: we are all in the same boat if you have a problem don't hesitate to ask.I'm sure Tamadus, Mike and the others on this thread are speaking the same language as me.We all want justice

[tamadus]

I have no doubt at all the men in black are reading this and good luck to them. Even if they start following the CCA today it still wont detract from the fact they have been in default for 32 years.

 

At the end of the day nobody forced them to ignore their statutory obligations

[Guest The Terminator]

Thoroughly agree with you Tamadus.They deserve everything there going to get.This is not sour grapes as one commentator said but the consumer getting even.

[tamadus]

I have always maintained that the British public have a long fuse, but once its lit stand well clear because there is going to be one hell of a big bang.

[Guest The Terminator]

There will be a big bang there's no doubt about it.The way that I see it the fuse has already been lit.If you go back into history there is the infamous "peasents revolt" what we are getting now is the "consumers revolt"

[tamadus]

Agreed and its being mostly led by this site and the wonderful people who post here. Incredible that only a few years ago most of us seethed and accepted the charges but did nothing about it untill we get a site like this that allows us to discuss and swap ideas.

 

In fact discussing personal finances used to be a cardinal sin so its good to see so many openly discussing where they went wrong and so many helping them correct the mistakes. Only 6 moths ago I reluctantly called CCS to ask for help in debt management yet here I am now ( still not out of debt but fighting back) helping people not only come to terms with their debt but finding ways to combat it.

 

Communication makes a huge difference.

 

I was thinking earlier, depending on locations some of us should get together over a drink and discuss some of the issues, it would save a lot of time and become a think tank for strategy.

[Guest The Terminator]

Tamadus: I only come across this forum by chance.Everybody in this country at the moment are in debt one way or the other me included and I think it's nothing to be ashamed about.I beleive communication is vital we are helping each other sharing idea's,reserching the law etc standing up for our rights to the money that has been illigally taken from us.As my signiture says I'm giving 100% support because at the end of the day I want justice for all.And if the men in black are watching READ THE SIGNITURE!!

[tamadus]

Tamadus: I only come across this forum by chance.Everybody in this country at the moment are in debt one way or the other me included and I think it's nothing to be ashamed about.I beleive communication is vital we are helping each other sharing idea's,reserching the law etc standing up for our rights to the money that has been illigally taken from us.As my signiture says I'm giving 100% support because at the end of the day I want justice for all.And if the men in black are watching READ THE SIGNITURE!!

 

I fully agree with you Terminator, and if I can help just one person recover half as much as this site has helped me recover I will be happy.

 

I love your signature and lmao at it tempted to steal part of it lol.

[pugsley]

keep up the good work, I'm particularly interested as I have been sent so many replacement cards. I will continue with getting the charges back but may well be interested in THE SECTION afterwards. Do you think the limitation act will be negated on this issue? it appears it will be to me.

[tamadus]

It will probably take a test case but I see no reason why the limitation should apply. The fact is they cant profit while in default so if they have been in default more than 6 years then we have 2 acts in conflict and one of them has to be resolved. In reality the conflict will involve them being in criminal default so a judge is going to have to rule.

 

I also think they will go to court over this as the implications are so big.

[pugsley]

so if you were to ask for your credit agreements for two replacement cards what would a credit card company actually do, surely they can't backdate them? Would the money you have been spending on the card without the credit agreement still be owed. This wouldn't have much effect on my balances as they are very low and mostly charges but what about people who have high balances with no agreement.

[tamadus]

so if you were to ask for your credit agreements for two replacement cards what would a credit card company actually do, surely they can't backdate them? Would the money you have been spending on the card without the credit agreement still be owed. This wouldn't have much effect on my balances as they are very low and mostly charges but what about people who have high balances with no agreement.

 

If they dont give a copy of the executed agreement with the replacement card then they go into a default situation. They can get out of the default status simply by giving a copy of the signed executed agreement at any time.

 

The problem comes when you realise that they can't profit while in default, now to my mind that means that they can't charge interest, fees etc as long as the default status remains in effect.

 

Lets assume that a credit card is 12 years old and is replaced every 2 years. No credit agreement has been given since the first card was issued. The CC company has now been in default for 10 years. Expenditure on the card obviously would have to be repaid, but, for the last 10 years they haven't been lawfully allowed to make a profit from the cards usage. Ergo, IMHO they now have to refund all interest paid over the 10 years. Allowing of course that they now give a copy of the agreement.

 

This of course is just the way I see section 85. I don't for one minute think it was included as a loophole, but more as a means of ensuring the consumer is kept fully aware that the card usage is covered by a regulated agreement.

 

How this actually affects the time limitation I have still to look into but I am inclined to think it should override it on the basis that failure to supply the copy agreement after a total of 30 days in default constitutes a criminal offence for the company. Criminal law I believe usually takes precedence over civil law.

 

In most cases the interest charged over a period of time would outweigh the actual expenditure unless the balance is cleared regularly.

 

I wouldn't advocate not repaying money legitimately borrowed, but if they flout the law then I see no reason why they should profit, and I think thats why this section has been retained in the 2006 update to the CCA.

[Mike220359]

I agree with you Tam, under common law you are not allowed to profit from an illegal act, therefore not only the interest and charges aimed at the cardholder are illegal but also the commision they charge retailers. I also agree with your standpoint on the amount borrowed, if that was borrowed in good faith it would be immoral for you to claim that money back. Indeed the three claims that I have sent in only claim the interest on the cards, (and charges)

 

I haven't claimed the commision charges that are used when you use them as a cash card either, that was my choice.

 

As regards the limitations act that's a difficult one, my gut feeling is that it doesn't apply to this because of the illegality aspect, remember unlike unfair charges, section 85 is an out and out law. I'm going to do some more work on theis one.

 

Mike