aqua card - help needed please...

RAS

I have to go but your only income is carer's so that is what you tell them.

As for the £5, I am under the impression that things like fuel cost more this year?

magoogy

yes fuel does cost much more thanks hun......i suppose i havent looked at it right....do you think i should get advice from national debtline or oft and get it in writing that there is nothing they can do to me if i cannot afford more? im scared of repercussions ...i know my credit file is affected but im trying to get all my debts done at same time so then they all clear at same time in 6 years.......

thanks

magoogy

oh and thanks so much...ras

GeorgeUK

Magoogy, i think it would definately be worth phoning someone just to put your mind at ease. NDL, CAB or possibly even one of the free debt charities will be able to advise.

As RAS says, you shouldn't be paying more than you can afford and as your only income is benefits, you can't really afford to pay more.

I'm not very clued up on the CCA after April 2007, so hopefully we can get some extra help in here.

Section 15: Enforceability of regulated agreements
37. The 1974 Act provides that in certain circumstances where the requirements of the Act are not complied with in relation to regulated agreements or to security provided in relation to such agreements, the agreement or security is enforceable against the debtor or hirer only on an order of the court. Sections 127(1) and (2) of the 1974 Act give the court discretion whether to grant an enforcement order in those circumstances subject to subsections (3) and (4). Section 127(3) and (4) provides that
a court shall not make an enforcement order (i.e. a consumer credit or hire agreement will be automatically unenforceable) where:

• prescribed requirements in relation to the execution of regulated agreements
(set out in section 61(1)(a) of the 1974 Act) were not complied with or a document containing all the prescribed terms of the agreement was not signed by the debtor or hirer;

• the specific requirements imposed by sections 62, 63 and 64 of the 1974 Act in relation to cancellable agreements as regards supplying copies of the agreement before and after its execution and giving notice of the cancellation rights are not complied with. A cancellable agreement is an agreement which, by virtue of section 67 of the 1974 Act, may be cancelled by the debtor or hirer, essentially where oral representations about the agreement have been made to the debtor or hirer face-to-face before the agreement is made other than on the business premises of the creditor or owner or connected persons and where the agreement is not secured on land.

38. Section 15 repeals sections 127(3) to (5) of the 1974 Act (subsection (5) is consequential on subsection (3)), which means that a court will have the power to determine in its discretion whether agreements are enforceable in accordance with section 127(1) and (2) regardless of the breach in question.

source: CONSUMER CREDIT ACT 2006 - EXPLANATORY NOTES

Section 61(1) states

A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner

Now this is a little confusing to me as i recently commented on a CCA request that was before April 2007. Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (posted by Fermi) stated that the signatures were not required for there to be a "true copy". As the 2006 amendments make no mention of the 1983 Regulations, does that then mean that both signatures are required?

Jacks_xxx

I agree with George and RAS hon, call CCCS or the CAB and get some help in dealing with these scumbags cos they're not playing by the rules.

http://www.cccs.co.uk/contact/contact.aspx

http://www.citizensadvice.org.uk/index/getadvice.htm#searchbox

If you get someone "official " on your side it's amazing how quickly most of these companies fall into line.

Kick butt hon!

Love Jacks xxx

magoogy

thanks georgeuk and jaks....you have helped me emmensely...i have contacted the national debtline and will see what reply i receive from then...i will recap once i get full reply to put yous all in the picture that way if anyone else comes along with the same query they might be helped too...

thanks so much

magoogy

well as you can see i still havent got this sorted....

im banging my head against a brick wall...

i had advice and was told to offer them £1 a month and i printed the letter off and sent them it but, all this time down the line they still will not accept it and are still adding charges...they made me go overdrawn in the first place with a single charge of £12 but, now its over the limit im forever overdrawn and forever being charged....

i now think its time to get the oft involved maybe? ive been trying to sort it and they just keep sending statements full of charges.....

the latest statement reads;

PREVIOUS BALANCE - 606.90
CREDIT LIMIT - £500
INTEREST CHARGED - 13.90
OVERLIMIT FEE - 12.00
LATE FEE - 12.00
NEW BALANCE - 646.11

THIS DOESNT EVEN ADD UP RIGHT - I GET 644.80 NOT 646.11....

THE POUND PAYMENT ISNT EVEN LISTED EVEN THOUGH THE CHEQUE WAS CASHED AND IT WASNT LATE - I SEND IT THE SAME TIME EACH MONTH AND IT IS CASHED ABOUT THE SAME TIME

im wondering if i should cca them and see exactly what other mistakes there is in my account before i then write to oft to see if they can help?

any advice would be appreciated...

thanks

magoogy

im bumping to see if anyone can help at all please?

thanks

GeorgeUK

A CCA is not any good for an overdraft - only credit cards, loans and store cards.
I've not had a chance to look at the new bank charge reclaiming section yet. Might be worth doing so to see what it suggests you should do next. Yell us what it suggests and how far you got with it previously.
http://www.moneysavingexpert.com/reclaim/bank-charges

magoogy

sorry i didnt make it clear....

this is an aqua card

which is a store card by style financial....

thanks hun..x