Credit card saga?

[Onestepatatime]

Re: Credit card saga?

Update:
having sent out a CCA sec 77-79 request to the Debt Purchaser and they have now returned a poor copy of the original agreement - only things that can be read are the actual handwritten pieces of info, two lots of T&C's with no dates relating to when - only distinguishable by home address, the second one appears to be a revised version, a statement of payments made (reduced nominal payments after default) but not complete.
They have not sent any NOA, DOA or the like, should they have been required to do so?

So my questions are;
1) according to sec 78 they have complied? So what to do now?
2) can anybody direct me to the sec in CCA that informs me of what documents I should be provided with.
3) can anybody direct me to the sec of CCA that informs me of what is required in the T&C's/Agreement.

I note from the original T&C's that the only reference to cancellation is in that the OC will send exact details will sent by post separately? Haven't received any and there is no record of any such in the SAR documents i have been provided with.

So if I can throw it over to the more informed amongst us to offer any guidance or advice please. I am keen to learn and read as necessary to gain a better understanding.

[Onestepatatime]

Re: Credit card saga?

Anyone?

[Kati]

Re: Credit card saga?

[MENTION=48934]Debt Camel[/MENTION] [MENTION=87380]Diana M[/MENTION]

[Onestepatatime]

Re: Credit card saga?

[MENTION=49370]Kati[/MENTION] thanks x

[warwick65]

Re: Credit card saga?

You need to read this https://www.handbook.fca.org.uk/hand.../?view=chapter

A CCA request should include a legible copy of the agreement, the terms and conditions at inception, the terms and conditions at default any other terms and conditions mentioned in the agreement and a statement of account. Without these the agreement is unenforceable

[warwick65]

Re: Credit card saga?

If the agreement was before April 2007 then it must also contain the prescribed terms

http://www.legislation.gov.uk/uksi/1983/1553/schedule/6/made

Without the prescribed terms the agreement is unenforceable due to S127(3)

[Onestepatatime]

Re: Credit card saga?

You need to read this https://www.handbook.fca.org.uk/hand.../?view=chapter

Ok so bear with me, I've had a read of this and have some questions if you can help?

Conc 13.1.3: 1) it states that, under the DPA and DP Principles the Lender or Owner is not allowed to reveal such information (relating to sec 77-79) to a third party without the authority of the Borrower, and that a request should be made with the proper authority to obtain information.
So given that certain Debt Purchasers do not consider themselves to be the creditor should they be able to obtain the information without my permission given that they haven't provided anything to confirm they own the account?
Secondly How is it that, as has happened to me recently, the information (sec 77-79) was requested and obtained from the OC by a third party DCA that is not related to the account nor the solicitor that is acting on behalf of the Debt purchaser/owner? Surely this is a breach of the DPA never mind code of conduct?

Conc 13.1.4: 1) refers to 'Carey' and that there is no requirement for a signature. Is this correct for pre 2007 agreements?

Conc 13.1.4: 4) The reconstituted agreement should contain a heading prescribed by the CCA and any relevant cancellation notice.
What does this mean?

Conc 13.1.6: to be clear if sec 78 is not complied with then it becomes unenforceable however that is not to say they cant ask for payments? How about an attachment to a home mortgage or the like?

Conc 13.1.6: 6) does this mean that proceedings can be issued however it would only ever be stayed as judgement isnt permitted?

Conc 13.1.6: 8) If debt is unenforceable then this has to be confirmed by the Firm otherwise an unfair relationship exists which is a breach of sec140?? Of CCA

sorry for all the questions just trying to decipher the rules here!

[Onestepatatime]

Re: Credit card saga?

If the agreement was before April 2007 then it must also contain the prescribed terms

http://www.legislation.gov.uk/uksi/1983/1553/schedule/6/made

Without the prescribed terms the agreement is unenforceable due to S127(3)

so having also read this link, not sure I understand the format but here goes!

from what i determine from the link presuming that i should only be looking at those that relate to a running account (credit card agreement) in this case, i only read it as the prescribed terms being: 1) Credit Limit, 2) Rate of Interest.
I'm sure that i had previously read somewhere that there were more terms than this?

[warwick65]

Re: Credit card saga?

so having also read this link, not sure I understand the format but here goes!

from what i determine from the link presuming that i should only be looking at those that relate to a running account (credit card agreement) in this case, i only read it as the prescribed terms being: 1) Credit Limit, 2) Rate of Interest.
I'm sure that i had previously read somewhere that there were more terms than this?

I think you have misread it
For a credit card

The credit limit or how the credit limit is to be determined

The rate of interest (has to be accurate within certain limits

How payments are to be made

They must also include your name and address at the time you entered into the agreement and the name and address of the creditor at the time the agreement started

[Onestepatatime]

Re: Credit card saga?

Given that they have sent the original it appears to have all that?

[warwick65]

Re: Credit card saga?

As for your other questions well some seem quite complex and way above my level of skill however

Carey refers to a CCA request and they is no need for it to be signed, however for a pre 2007 agreement the creditor would need to show that on the balance of probabilities an agreement, containing all the prescribed terms was signed by the debtor. This is down to you making a convincing and positive assertion that you did not sign the agreement - but remember this is done under oath so if you are found to be untruthful there are consequences that could go beyond just enforcing the agreement

13.1.6 I do not understand what you mean by home mortgages and the like- remember this is only for agreements regulated bu the consumer credit act
Asking for payment is not enforcement neither is issuing a claim and if you do not defend it and follow the court process they will in all likelihood get a default judgement

Pleading unfair relationship is not as simple as saying it is an unfair relationship

If you want to find out more read around this forum and others where you will pick up general ideas

The consumer credit act is not a get out of jail free card but if these firms do not comply then it can be used againt them

However again, it is not for the feint hearted and if you get a less than knowledgeable Judge and an even half decent advocate against you, you will be hung out to dry - at least that is my opinion.

[warwick65]

Re: Credit card saga?

There is, however, a whole lot more to it than just S77-79 . You need as well to look at S60. 61 , 65 CCA https://www.legislation.gov.uk/ukpga/1974/39/section/60

[Onestepatatime]

Re: Credit card saga?

Re 13.1.6 i am thinking is it possible for them to attach the debt to your property is it called Charge? Or something. My thought is that it is not enforcing the debt but merely securing it, but does it require a judgement to be passed?

[warwick65]

Re: Credit card saga?

If the loan or debt is unsecured then I think a ccj would have to be granted before a charging order was put in place.

I am not sure which of your debts you are trying to deal with but my advice is start with the basics and work from there.

[Onestepatatime]

Re: Credit card saga?

This is all related to my one in my wife's name please see beginning of thread.
I have started with basics in that I've asked for the sec77-79 and have received the the above named documents, i have also received SAR documents from OC, just wary that this particular debt purchaser is very active with issuing court proceedings, so trying to establish where to go with this now.