Cca Requests Updates Please

cocker100

Yummy-mummy wrote: »

The debt is for the same account. It was a loan that the bank kept allowing us to renew. I know that when it was first taken out it did have ppi included but then during one of the renewals we decided not to take it out but as to when it was I can't remember. The original loan was taken out about 10 - 11 years ago so don't suppose we can do anything about it now.

YM x

If you never claimed on the ppi policy, then you could still try a mis-selling reclaim on it regardless of how old the loan is.

Also have a read through the thread from the CAG in post number 1946. As each of your renewed loans may be counted as seperate, you could have a case.

Like I said, i'm no expert and only started reading through the thread yesterday (thanks to BAAB:beer: ), but it could help you in your case.


Good luck.

Cocker:)

Wolfsbayne

Im trying to work out if my cca is enforcable or not (ive tried scanning and uploading but you can't read anything).

It has been signed by me (12/07/04)

The first bit is where I put my address, customer number and there address and it says 'we agree to make available to you a running credit account for the purchase of goods and services offered to you in any choice for you catalogues/leaflets, etc.

Then it says 'terms of payment'

it doesnt specify a credit limit or apr anywhere that I can see.

It says the goods/services may be purchases on 20 weeks/40 weeks/50 weeks/1, 2 or 5 years interest free credit.
The credit limit will initially be the amount of your first purchase. As and when we accept further orders from you there will be an increase in your credit limit which will be notified to you by acceptance of your order.
You will get a statement shortly after opening your account and then every four weeks. Payment is due 7 days from the date of your first statement.
The weekly payment for individual items will be equivalent to the cash price divided by the number of weeks of the credit offer.
The minimum weekly payment will be the sum of all individual weekly payments due plus any applicable account charges. The minimum 4 weekly payment will be calculated accordingly. Payments may be made on a 4 weekly or weekly basis.

Then it has a bit of blurb about the consumer credit act and then some info about your rights to cancel.

Sorry if thats not clear, I couldn't find any list of what should definitely be there so I have no clue!

blind-as-a-bat_2

Wolfsbayne wrote: »

Im trying to work out if my cca is enforcable or not (ive tried scanning and uploading but you can't read anything).

It has been signed by me (12/07/04)

The first bit is where I put my address, customer number and there address and it says 'we agree to make available to you a running credit account for the purchase of goods and services offered to you in any choice for you catalogues/leaflets, etc.

Then it says 'terms of payment'

it doesnt specify a credit limit or apr anywhere that I can see.

It says the goods/services may be purchases on 20 weeks/40 weeks/50 weeks/1, 2 or 5 years interest free credit.
The credit limit will initially be the amount of your first purchase. As and when we accept further orders from you there will be an increase in your credit limit which will be notified to you by acceptance of your order.
You will get a statement shortly after opening your account and then every four weeks. Payment is due 7 days from the date of your first statement.
The weekly payment for individual items will be equivalent to the cash price divided by the number of weeks of the credit offer.
The minimum weekly payment will be the sum of all individual weekly payments due plus any applicable account charges. The minimum 4 weekly payment will be calculated accordingly. Payments may be made on a 4 weekly or weekly basis.

Then it has a bit of blurb about the consumer credit act and then some info about your rights to cancel.

Sorry if thats not clear, I couldn't find any list of what should definitely be there so I have no clue!

That sounds like a CCA from a catalouge, they are always intresting ones as they are intrest free, but the regs state the APR must be stated, it does not say it need not be if it is zero, in fact littlewoods changed the wording of there agreements to state 0% APR.

So by the letter of the regs the APR must be quoted in figures, not a statement, and as that is a prescribed term that would make it unenforceable if it was not stated.

Question is would a court agree though if it went that far

Wolfsbayne

blind-as-a-bat wrote: »

That sounds like a CCA from a catalouge, they are always intresting ones as they are intrest free, but the regs state the APR must be stated, it does not say it need not be if it is zero, in fact littlewoods changed the wording of there agreements to state 0% APR.

So by the letter of the regs the APR must be quoted in figures, not a statement, and as that is a prescribed term that would make it unenforceable if it was not stated.

Question is would a court agree though if it went that far

Thanks. I don't think it would go as far as court as its not a huge debt. I think I might try and send them an unenforcable letter as there is no mention of APR whatsoever in percentages, figures or in words. I also requested a statement of the account and all I got was a letter from the catalogue saying when the account was opened, how much I owe and how much has been paid in the past 12 months. No breakdown of purchases or charges or anything.

Yummy-mummy

cocker100 wrote: »

If you never claimed on the ppi policy, then you could still try a mis-selling reclaim on it regardless of how old the loan is.

Also have a read through the thread from the CAG in post number 1946. As each of your renewed loans may be counted as seperate, you could have a case.

Like I said, i'm no expert and only started reading through the thread yesterday (thanks to BAAB:beer: ), but it could help you in your case.


Good luck.

Cocker:)

Don't mean to sound daft but am struggling finding that thread - could you kindly point me in the right direction?

Many thanks

YM x

cocker100

Yummy-mummy wrote: »

Don't mean to sound daft but am struggling finding that thread - could you kindly point me in the right direction?

Many thanks

YM x

Hi again,

If you click on page 98 of this thread and scroll down to post 1946 from blind as a bat (with a quote from me attached), it is in there.

The blue letters that say http://www.consumeractiongroup.co.uk...ng-within.html

Click on that and you should be redirected to it.

Cocker:)

P.S. You dont sound daft. I cant even get my computer to allow me to thank people with the "thanks" icon:o

Yummy-mummy

cocker100 wrote: »

Hi again,

If you click on page 98 of this thread and scroll down to post 1946 from blind as a bat (with a quote from me attached), it is in there.

The blue letters that say http://www.consumeractiongroup.co.uk...ng-within.html

Click on that and you should be redirected to it.

Cocker:)

P.S. You dont sound daft. I cant even get my computer to allow me to thank people with the "thanks" icon:o

Thanks for that. I've had a quick read through and it all seems quite mind boggling!! I think what I'll do is send a SAR to them and see what that turns up (if anything). Thanks again.

YM x

Miss_Marple_2

I'm after a bit of advice on my next move with my creditor - which is JDWilliams

Their initial attempt at a 'true copy' of a CCA was the current T&Cs, also sending along with it a list of transactions on my account since September 2002 ( account was opened in 1999).

I have told them that they are in default and they have come back with, OK, we won't ask for the money, but as you have had the goods, we will default you if you don't pay. I've told them they can't do this (I'm waiting for the reply on that one), but I also said that I acknowledge that some of the debt is mine & that I would contact them with how much I would be repaying

So I started going through the transaction listing - turns out it is very interesting. In January 2005, they started charging PPI. The account had been open since 1999, and I don't remember ever agreeing to a change - in fact as 2005 was the start of me beginning to sort out my financial difficulties, I do not believe that I would have taken on PPI just at the time I was being advised to cancel all PPI.

In October 2007, I noticed that I was paying PPI ( I know :embarasse ) and stopped it. I always assumed that I must have ticked something when I opened the account - but looking at it now I can see that they only started charging it in 2005.

So, after all the waffle, my question is - should I try to reclaim PPI ? Can I reclaim when I stopped it over a year ago ? If I can reclaim, how would I word my request ?

The PPI total charged has been nearly £500, on a current balance of £791. If I take off charges as well, that leaves £25.94 - I can't be that cheeky and only admit to £25.94 can I ?

blind-as-a-bat_2

Miss_Marple wrote: »

I'm after a bit of advice on my next move with my creditor - which is JDWilliams

Their initial attempt at a 'true copy' of a CCA was the current T&Cs, also sending along with it a list of transactions on my account since September 2002 ( account was opened in 1999).

I have told them that they are in default and they have come back with, OK, we won't ask for the money, but as you have had the goods, we will default you if you don't pay. I've told them they can't do this (I'm waiting for the reply on that one), but I also said that I acknowledge that some of the debt is mine & that I would contact them with how much I would be repaying

So I started going through the transaction listing - turns out it is very interesting. In January 2005, they started charging PPI. The account had been open since 1999, and I don't remember ever agreeing to a change - in fact as 2005 was the start of me beginning to sort out my financial difficulties, I do not believe that I would have taken on PPI just at the time I was being advised to cancel all PPI.

In October 2007, I noticed that I was paying PPI ( I know :embarasse ) and stopped it. I always assumed that I must have ticked something when I opened the account - but looking at it now I can see that they only started charging it in 2005.

So, after all the waffle, my question is - should I try to reclaim PPI ? Can I reclaim when I stopped it over a year ago ? If I can reclaim, how would I word my request ?

The PPI total charged has been nearly £500, on a current balance of £791. If I take off charges as well, that leaves £25.94 - I can't be that cheeky and only admit to £25.94 can I ?

No you cant be that cheeky, you can be cheekier and charge them intrest for the time they have had your money without your consent, unless they can prove you agreed to the PPI that is.

I think you will find they owe you;)

mary_mungo_+_midge

Hi again,
yes you can be that cheeky, I was, and it worked!! Although I needed to speak to a specific dept to negotiate this. Both Lorraine and Val in Collections dept seem able to negotiate everything, and they actually told me how much my charges, PPI etc came to, and asked me how much I was willing to pay, so definitely go for it. Good luck x