Cap1 & CCA return

[Having_A_Knightmare]

Magda

 

If it has no perscribed terms on the application it is totally unenforcable.

The complied argument is a good one because some people say they have complied but in my opinion an application form is simply what it says it is and nothing more. So therfor they have not complied with a section 78(1) request.

Nowhere in section 78 does it mention that a piece of paper saying application form has to be produced. If you get where I am coming from!!

 

HAK

[car2403]

Magda

 

If it has no perscribed terms on the application it is totally unenforcable.

The complied argument is a good one because some people say they have complied but in my opinion an application form is simply what it says it is and nothing more. So therfor they have not complied with a section 78(1) request.

Nowhere in section 78 does it mention that a piece of paper saying application form has to be produced. If you get where I am coming from!!

 

HAK

 

Yes and an application form can be a credit agreement, but it must contain the prescribed terms and be signed by the parties.

[Enron]

CCA's are certainly interesting...... just receiving mine, looks like RBS have been creative in reconstructing terms on a second sheet to forfill the perscribed terms.... shame they forgot to miss the cancellation terms from the sheet.

[MAGDA]

Hi thanks for the replies. Which letter should I send? Would the one you gave me before be ok car?

 

Many Thanks, Magda

[MAGDA]

CCA's are certainly interesting...... just receiving mine, looks like RBS have been creative in reconstructing terms on a second sheet to forfill the perscribed terms.... shame they forgot to miss the cancellation terms from the sheet.

 

Yes, I had one recently from Lloyds Tsb, and it looks as though they have executed the 'agreement' very recently, haven't put a year next to the date either - the application was made in May 2000, and the date of their signature looks as though it was March! What a fine upstanding bunch they are.

[car2403]

Hi thanks for the replies. Which letter should I send? Would the one you gave me before be ok car?

 

Many Thanks, Magda

 

Yes.

 

Same circumstances, same response.

 

[MAGDA]

Ok Car, thanks

[andrewman]

i have just this morning got one of moorcrofts famous notice of intended litigation letters, pay in full by 3/4/08. also after there usual moan there is a black box at the foot of the page outlining costs to be incured, due to the costs being in a black box and hardly readable can it be actioned or not. also i wish to send moorcroft a cca request letter but can not find a template can anyone help me please.

[car2403]

i have just this morning got one of moorcrofts famous notice of intended litigation letters, pay in full by 3/4/08. also after there usual moan there is a black box at the foot of the page outlining costs to be incured, due to the costs being in a black box and hardly readable can it be actioned or not. also i wish to send moorcroft a cca request letter but can not find a template can anyone help me please.

 

Does it say "may" or "will" issue proceedings though?

 

Letter N is the one you want;

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

[rippedoffagain]

Did anybody reply to the above yet.

HAK

 

I emailed Peter, but have not had a reply.

[andrewman]

Moorcroft Debt Recovery Limited -' Pre-Court Division

 

 

P.D. Box No. 17, 2 Spring Gardens, Stockport, SK1 4A.J.

____ T.el.ephone 0161475 2816. Fax 0161 - 477 3864.

 

 

 

 

 

 

 

 

 

 

 

 

Re: ABBEY

 

 

Date 27/03/08

 

 

Moorcroft Reference.

 

Client Reference.

 

 

 

 

 

 

NOTICE OF INTENDED LITIGATION

 

 

To prevent the above action send payment in full before 03/04/08 or Telephone 0161475 2816 immediately.

 

 

If you do not respond to this letter we will assume you are purposely avoiding repayment of this debt and will take the necessary steps to secure settlement which may include issuing legal action against you. Please note if legal action is necessary your debt will increase as follows:

 

 

 

Contact us now.

 

A.J.Martin

Debt Recovery Manager

 

 

 

this is the letter from moorcroft arrived this morning. what is not shown because it does not copy is a blacked out box with costs to be incured in it.

[gaz2006]

My friend remove your name and amount etc amend asap if they see it ie moorcroft they will match up to your name and amount and they will follow what youve been advised and maybe counter whatever you say in advance . You dont know who reads this safety is best policy .

[car2403]

That will be a "may" then, which is very different to "will"!

 

I "may" win the lottery next week and retire a millionaire. I believe I "will", or I wouldn't pay, but I'm not spending my mortgage payment this month in the hope that I will win.

[carteroo]

hi can someone help me with this...this is the third letter ive received after asking for a copy of my credit agreement....

 

1.we are following up your request for a copy of the original agreement with our client citifinancial europe. When this becomes available we will forward you a copy.

 

2. Your account is on hold and all further action has been suspended in anticipation on receiving the documents required.

 

should you require anything further at this point please contact me accordingly.I will update you on developments in 21days.

 

this is the third letter ive had all say in 21 days etc,so its now been over 60days since asking for the agreement....so can someone tell me what i do now,is there another letter i send,or do i just wait and do nothing???

[Enron]

They clearly have committed a criminal offence in not supplying you with your CCA request.

 

I would be tempted to write to them outlining this.

 

Though your best asking "car2403" as he's alot more knowledgable about the best course of action to take.

[paulwlton]

They clearly have committed a criminal offence in not supplying you with your CCA request.

 

I would be tempted to write to them outlining this.

 

Though your best asking "car2403" as he's alot more knowledgable about the best course of action to take.

 

I would go easy on the criminal offence... imo they haven't committed any offence. Now if they were to write and say "sod off we aint complying" then i'm sure T/S would take action which would result in a summary conviction.

 

PW

[paulwlton]

hi can someone help me with this...this is the third letter ive received after asking for a copy of my credit agreement....

 

1.we are following up your request for a copy of the original agreement with our client citifinancial europe. When this becomes available we will forward you a copy.

 

2. Your account is on hold and all further action has been suspended in anticipation on receiving the documents required.

 

should you require anything further at this point please contact me accordingly.I will update you on developments in 21days.

 

this is the third letter ive had all say in 21 days etc,so its now been over 60days since asking for the agreement....so can someone tell me what i do now,is there another letter i send,or do i just wait and do nothing???

 

They can't enforce the agreement until they forward the "true copy" so just sit tight.

 

PW

[car2403]

Though your best asking "car2403" as he's alot more knowledgable about the best course of action to take.

 

Really? (Head begins to grow)

 

s.77(4)(b) and s.78(6)(b) does state they have committed an offence, but only the OFT/TS can take action on that for you. It is entirely possible to bring a private criminal prosecution in the Magistrates Court, but I would highly advise against it, unless you're prepared to bankrupt yourself, win or lose, to get there.

 

In the meantime, relax in the thought that you don't have to pay them until they comply with the request - then consider taking legal action against them under s.142 to have the debt declared unenforceable by the Court, including default removal for inaccurate information under the DPA.

[andrewman]

i am reading a booklet from information commissioners office entitled, Personal information toolkit. promoting public access to official information and protecting your personal information.

 

on page 10, titled accessing your information. most of it we already know how to ask companies for, subject access request. The ico says give the organisation 40 days to reply,when they reply they should include a copy of all information they hold about you, details of why your information is processed and the types of organisations it may be passed to. The information may be sent to you as a computer print-out, in a letter or on a form. You should be able to understand the information, and any codes should be explained. You can also obtain a copy of your credit file. For information on this, visit www.ico.gov.uk or phone 08453 091 091 to request a copy of Credit explained.some inormation on your record may be held back if. it could identify someone else and that person objects to being identified or you arethe subject of a criminal investigation.

 

Who do i contact if i have difficulty getting my information?

if you do not receive a reply to your request within 40 days, you should send the organisation a reminder by recorded delivery(again,keep a copy).

if you still don't receive a reply,visit information commissioners office website or contact helpline on 08456 306060 for advice on what to do next.

[stebiz]

Okay guys I'm being a bit greedy here but I wondered if anybody has had any success.

 

I have had 3 CCA's made unenforceable for the tune of £21k so far and another 'result' due shortly. However I have never gone after any of them for payments I made to the account.

 

Bank of Scotland have sold my debt on to a DCA and I asked for the CCA which was allegedly signed 15 years ago to be forwarded to me. Almost overnight my default disappeared and I have not heard from them since. Over the last 6 years I have paid £600 to Bank of Scotland in monthly payments - after the alleged debt was frozen.

 

Has anybody on here pursued their capital back from these banks. I know a few considered it but has anybody ACTUALLY done it.

 

Cheers

Stebiz

[paulwlton]

Okay guys I'm being a bit greedy here but I wondered if anybody has had any success.

 

I have had 3 CCA's made unenforceable for the tune of £21k so far and another 'result' due shortly. However I have never gone after any of them for payments I made to the account.

 

Bank of Scotland have sold my debt on to a DCA and I asked for the CCA which was allegedly signed 15 years ago to be forwarded to me. Almost overnight my default disappeared and I have not heard from them since. Over the last 6 years I have paid £600 to Bank of Scotland in monthly payments - after the alleged debt was frozen.

 

Has anybody on here pursued their capital back from these banks. I know a few considered it but has anybody ACTUALLY done it.

 

Cheers

Stebiz

 

I don't believe anyone has claimed their capital back up to date. You may wish to view tomterm's view on pursuing such a claim.

 

Have you read up on sec 85?

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/112860-will-you-get-payments.html

[Gez]

This is something I've only just looked into today, and boy is this a looonnngg thread! A record maybe?

Anyway, I'm about to start another claim against HSBC. I also got a personal loan with them & the outstanding amount of just over £1,000 about equals what they owe me in charges. They actually called me & threatened DCA intervention because I missed a payment last month due to.... Yes, charges!

I wonder if I should CCA them for the loan now.

 

Anyone done this with HSBC?

[stebiz]

This is something I've only just looked into today, and boy is this a looonnngg thread! A record maybe?

Anyway, I'm about to start another claim against HSBC. I also got a personal loan with them & the outstanding amount of just over £1,000 about equals what they owe me in charges. They actually called me & threatened DCA intervention because I missed a payment last month due to.... Yes, charges!

I wonder if I should CCA them for the loan now.

 

Anyone done this with HSBC?

 

I would say so - most certainly and be quick. In the meantime remember to keep up with the repayments incase it does actually come to light.

 

Good Luck

Stebiz

[Gez]

Thanks Stebiz. My next payment went out today so by the time the next one is due I will know where I stand.

 

Right then, CCA request on its way to Canada Square today with a little orange sticker & a quid PO. I'll do a thread for it. Not sure whether to do it in HSBC forum or general debt.

 

This should be interesting. I've either done or helped someone with just about every type of penalty charge claim over the last 2 1/2 years, this will be a whole new learning process!

[dj9928]

Is this good or bad?

 

I sent of last week to Moorcroft in regards to a next account, They replied today and sent the cheque back .

 

The letter says

 

I write to confirm that out client (Next directory) has been unable to supply a signed CCA for you. We have therefore returned the payment you have made.

 

We accept under the section 127 3 of the consumer credit act 1974 this debt is therefore unenforceable via a court order. We must inform you however that the account still remains outstanding.

 

It is our understanding that the goods which have been charged to your account have been ordered by and delivered to you. We can confirm therefore that a defualt remains in relation to this account and would remind you that making payments to clear the balance may assist in relation to your credit history.

 

Please confirm that you accept that goods were ordered and received and let us have your settlement proposals