CCA produced after 12 months

[Guest]

Re: CCA produced after 12 months

Hi
You say Cabbots are adding interest to this account, it may be worth checking the T an Cs they sent you to see if there is a provision for charging post termination interst at all.

Is the amount they are charging at the contractural rate? or is it just think of a number time.

Peter

[Duffers Mum]

Re: CCA produced after 12 months

Hi
You say Cabbots are adding interest to this account, it may be worth checking the T an Cs they sent you to see if there is a provision for charging post termination interst at all.

Is the amount they are charging at the contractural rate? or is it just think of a number time.

Peter

It says in the T&S that they will continue to charge interest on any late payments both before and after judgment...

However they have only just provided these T&C's so surely the interest and charges added before would be null and void? Or am I clutching at straws!

I have no idea what the contractual rate should be...but the balance has increased by approx £1200 in just over a year (admittedly the debt was quite a large one)

[Guest]

Re: CCA produced after 12 months

It says in the T&S that they will continue to charge interest on any late payments both before and after judgment...

However they have only just provided these T&C's so surely the interest and charges added before would be null and void? Or am I clutching at straws!

I have no idea what the contractual rate should be...but the balance has increased by approx £1200 in just over a year (admittedly the debt was quite a large one)

Hi

Have they issued any notices of default sums, since the DN was issued or statements?

Does it say anything about interet on th DN

Just for the record, charging interest on judgements on a CCA agreement is nigh impossible.

[Duffers Mum]

Re: CCA produced after 12 months

Sorry to be a bit vague, but what would a notice of default sums be? All i've received is letters from the Cabot, no statements. I'll look at the DN later to see what it says on there.

what does charging interest on judgements on a CCA mean then and why put it in the T&C's if it doesn't really apply?

Thank you ( and sorry for appearing dim lol)

[Duffers Mum]

Re: CCA produced after 12 months

Ok, have checked the DN's and neither contain any clauses about adding interest..have also checked the T&C's they sent which they state are from the date the account opened and there is nothing mentioning they can charge interest after default, I think its possible that that particular clause didn't come in until much later (this is quite an old acccount).

Thanks

[Duffers Mum]

Re: CCA produced after 12 months

I've also sent off an SAR to the original creditor, though how this will help me I have no idea...I was just advised to do it!

[winner12]

Re: CCA produced after 12 months

Hi
Jumping in here to say is it your actual CCA or a application form or recon copy simply asking because
Lowells tried to say they had sent me my original CCA after my OC admitted they could not locate it and sold my debt whilst in dispute what they say they have sent and the original document can be two very different things

[Duffers Mum]

Re: CCA produced after 12 months

Winner..Sainsbury's originally sent me my application form, but its headed cca agreement(?) but includes where I was working at the time etc...they never supplied T&Cs applicable at the time...I put it into dispute, they sold it..Cabot then sent a recon, which was so bad it was laughable, now 12 months later they have sent what sainsburys originally sent along with a set of T&Cs which they say are from 2002. I'm really very confused! I don't know if its enforceable or not..however judges don't seem to care anymore about whether something is enforceable

[winner12]

Re: CCA produced after 12 months

But that would depend on wether they are willing to take you to court correct me if im wrong here my trusted LB folks but until they send what you ask for its effectivly in dispute I think you could send the cputr 2008 request letter they then need to tell you if they have the original or not which should help and save you a tenner which if your like me you need
Also its sold whilst in dispute thus if you went to court you would surely have a strong case againts the DCA adding interest and confusing you even more and as it been sold with the hello goodbye letter from Sainsburys its just more amo

[Duffers Mum]

Re: CCA produced after 12 months

And even without that, should they have been adding interest when the original creditor has only issued defective DN's?

[winner12]

Re: CCA produced after 12 months

Hi
As I understand once its defaulted and sold on to DCA they should not add any interest or charges as the the original agreement is terminated

[Duffers Mum]

Re: CCA produced after 12 months

Have received my SAR stuff from Sainsbury's today, which includes a copy of the credit agreement (just one page) and a copy of T&C's which were not applicable at the date the account was opened..however there does not appear to be a copy of the T&C;s which Cabot have recently sent me as being from Sainsburys Bank applicable at the time of the account was opened? Rather odd I think...anything else I should be looking out for?

Any help gratefully received as i'm really getting worried about this one now.

[charitynjw]

Re: CCA produced after 12 months

Hi Duffers Mum,

A Subject Access Request is 'what it says on the tin', that is, a request from the Data Subject (you) to the Data Contoller (them) to provide, within 40 days max, all data held in any format which can identify the Data Subject as a living person, that info to be delivered in a safe & intelligible format.

Therefore by definition that would not normally include T & C's, especially when they are generic.

For those you would usually send a CCA s77-79 request.

[Duffers Mum]

Re: CCA produced after 12 months

Thanks I've already sent a CCA request. I just thought it strange that T&C's from a later date were included but not the original ones?

[charitynjw]

Re: CCA produced after 12 months

From Carey v HSBC re CCA s78 requests
http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html

At 234(4)

If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;