Cca Requests Updates Please

theunknownstuntman

sophie2483 wrote: »

Do a little research - has anyone actually won a court case using this legislation? As far as I am aware, no (unless there have been other circumstances where the bank has messed up in some way) I work in the civil litigation field and have seen cases won by banks where they have fully admitted the credit app cannot be provided - but the statements, account history, payment history etc were enough for the judge to rule in the bank's favour. I think the majority trying to claim under s77-78 are wasting their time and should get a 2nd or 3rd job to pay off the debts instead of spending time writing endless letters to banks!

Hmmmm. A 'worker at one of the big banks' (as she's previously posted), location Chester. Home of MBNA. That explains the above statement then.
I think you'll find 99% of folk would love to be able to pay their debts, it's a case of 'cannot', not 'will not'. I suggest you read Martins guidelines about posting on here and not judging folk with debt problems.

Here you go, even went and found it for you.
http://forums.moneysavingexpert.com/announcement.html?f=76.

kinjo1

cocker100 wrote: »

Hiya,

To me they are talking a load of b*ll**ks!!!

In my opinion, they are trying to bombard you with legal legislation to try and get you to give in and pay up.

If they only have to supply current terms and conditons to fulfil a CCA request if the agreement has been varied, then that would defeat the whole CCA process, as they could just manufacture a valid set of prescribed terms within this new document.

To be legally enforceable in a court, they HAVE to supply the original credit agreement and it must contain all the required terms to make it a valid and binding agreement between the two parties.

I am having a similar problem with Lloyds TSB, and I have basically told them to bring on the court papers if they believe that they are right. I am still awaiting their reply!:D

Personally I would reply stating that you dont agree with their interpretation of the law and ask them to take you to court if they disagree with your claims. They would be very foolish to start legal proceedings if they dont have the required documents.

I feel that this is sometimes the only way to get things sorted out once and for all.

Cocker:)

Thanks cocker! How long since you havnt heared after you replied back saying take me to court?

kinjo1

theunknownstuntman wrote: »

Hmmmm. New user, location Chester. Home of MBNA. That explains the above statement then.
I think you'll find 99% of folk would love to be able to pay their debts, it's a case of cannont not will not. I suggest you read Martins guidelines about posting on here and not judging folk.

Agreed! Well said :rotfl:

blueforyou

theunknownstuntman wrote: »

Hmmmm. A 'worker at one of the big banks' (as she's previously posted), location Chester. Home of MBNA. That explains the above statement then.
I think you'll find 99% of folk would love to be able to pay their debts, it's a case of 'cannot', not 'will not'. I suggest you read Martins guidelines about posting on here and not judging folk with debt problems.

Here you go, even went and found it for you.
http://forums.moneysavingexpert.com/announcement.html?f=76.

well, well, well, a statement from a bank worker eh. Welcome to to a place where the truth will out.

Neillgb

I was wondering if anybody could tell me if a signature box provided on a cca has to be both signed and dated by a debtor.

If not dated is it enforceable? Anybody any experience in ths regard?

Thanks

Toni23

sophie2483 wrote: »

Do a little research - has anyone actually won a court case using this legislation? As far as I am aware, no (unless there have been other circumstances where the bank has messed up in some way) I work in the civil litigation field and have seen cases won by banks where they have fully admitted the credit app cannot be provided - but the statements, account history, payment history etc were enough for the judge to rule in the bank's favour. I think the majority trying to claim under s77-78 are wasting their time and should get a 2nd or 3rd job to pay off the debts instead of spending time writing endless letters to banks!

Everyone is entitled to their opinion and you are probably right, the courts may well rule in the banks favour. However, for those that settle and close the accounts out of court, they are acknowledging that as a lending institution that they were incompetant in not adhering to the legislation and procedures of the day. The more cases highlighted through the court the better. A day in court also gives the opportunity to address the manner in which these debts are collected.

You will find that if banks were more reasonable and willing to assist a struggling borrower then there is a greater likelihood of receiving the monies albeit over a slightly longer term and a little less interest. Better to receive the capital and a bit of interest than to push someone to bankruptcy and get b***** all! Equally, if collections are unsympathetic and relentless you will find that the attitude will be one of giving that debt less priority on the basis of how you have been treated. The phrase contempt breeds contempt springs to mind.

"Do your research" you will see that the global economy is on it's knees and people are struggling to find one job let alone two or three. It's simply not realistic and frankly downright bl***y insensitive.

I myself was made redundant from a financial institution but I was offered a very much lower paid role in Collections. There were other factors to consider but I ultimately chose redundancy as I could not work in an environment where you made someones difficult circumstances more miserable. The tone of your post reflects a complete lack of understanding or a willingness to understand but it's very easy to be judgemental when your job is safe and you are ok. Perhaps people in these roles should consider how they would manage if they were made redundant.

It should not be forgotten that the same institutions have had to be bailed out by the British taxpayer. Individuals don't have the luxury of popping to Gordon Brown and asking for a bail out. If the government had not of done this then there would be many a collections agent on the receiving end as they too would not have a job.

Weekend_warrior

sophie2483 wrote: »

Do a little research - has anyone actually won a court case using this legislation? As far as I am aware, no (unless there have been other circumstances where the bank has messed up in some way) I work in the civil litigation field and have seen cases won by banks where they have fully admitted the credit app cannot be provided - but the statements, account history, payment history etc were enough for the judge to rule in the bank's favour. I think the majority trying to claim under s77-78 are wasting their time and should get a 2nd or 3rd job to pay off the debts instead of spending time writing endless letters to banks!

Well Sophie It sounds to me that coming From Chester you have something to do with MBNA or perhaps Aktiv Kapital or Thames Credit Ltd.
In my personal circumstances when I got into trouble with any of my accounts no one cared all they did was listen to me trying to explain why I was struggling to pay and then said " so when are you paying your account".
Even when I was struggling to pay what I could afford any payment was getting eaten up by late penalties and charges.
I can asure you most people would love to pay their debts but with some buisnesses they can't resist the chance to hammer you with charges.
I had a debt that managed to mushroom from £450 to nearly £1400 due to charges, intrest and debt collectors selling the debt to each other and adding fees for themselves.
So what insentive did I have to do anything but come to this site and try to fight them? HUH!

W.W.

maz1964

Blimey toni - i think you have expressed my own feelings in a much nicer way then i would have,,,,

i put into my house the truecall device as the constant calls from collections nearly drove me into further illness, now yes of course my creditors have to deal with me writing my letters where i can reflect on what my voice is about and not have to listen to theirs droning on about nothing other than just pay us today etc

i refuse to be man handled or women handled on my phone in my own home and i was on the brink of near suicide and that i say frankly with sorrow and i did contemplate a few times just crashing my car with me just inside,,,collections made me that way until i found my inner strenght to look at the legal and more importantly a life changing view of my life

so sophie, keep working i wish you the best but really do not come and tell others something you quite clearly have no understanding of how others have had to cope with or had to face

yeah and if you can get me another job i will gladly take it please because the sooner i get back to living my life without creditors the better

im working with national debtline and i understand my rights but as i dig more and more, im beginning to know my Legal Rights too, and those im happy to face a judge and give him or her my side of the conflict, if at the end of the day im successful or not , im happy to have stood by my own merits and my gut feeling and that not even you and people like you who have your view can ever take away from me

i really hope you never have to face losing your home with only 3 months of mortgage arrears after i was ill for over a year,,,, me and my family made a lot of changes and we kept our home only to our own intervention and luckily our mortgage company were fab in the end, and we got out of it by considering the law and the implications and not even venturing inside a court room

that was a huge lesson and that has guided me until where im at now

but above all im at a place that i am fighting my corner and not considering crashing the car anymore and will help anyone who is either at that scary place or near it, and pass on my knowledge and experience

just try and see the other point of view first and count your blessings but never take anything for granted in life neither

take care all and above all Keep Happy and shout out if you ever need help - we are all here to lend a hand

MAZ

blueforyou

maz1964 wrote: »

Blimey toni - i think you have expressed my own feelings in a much nicer way then i would have,,,,

i put into my house the truecall device as the constant calls from collections nearly drove me into further illness, now yes of course my creditors have to deal with me writing my letters where i can reflect on what my voice is about and not have to listen to theirs droning on about nothing other than just pay us today etc

i refuse to be man handled or women handled on my phone in my own home and i was on the brink of near suicide and that i say frankly with sorrow and i did contemplate a few times just crashing my car with me just inside,,,collections made me that way until i found my inner strenght to look at the legal and more importantly a life changing view of my life

so sophie, keep working i wish you the best but really do not come and tell others something you quite clearly have no understanding of how others have had to cope with or had to face

yeah and if you can get me another job i will gladly take it please because the sooner i get back to living my life without creditors the better

im working with national debtline and i understand my rights but as i dig more and more, im beginning to know my Legal Rights too, and those im happy to face a judge and give him or her my side of the conflict, if at the end of the day im successful or not , im happy to have stood by my own merits and my gut feeling and that not even you and people like you who have your view can ever take away from me

i really hope you never have to face losing your home with only 3 months of mortgage arrears after i was ill for over a year,,,, me and my family made a lot of changes and we kept our home only to our own intervention and luckily our mortgage company were fab in the end, and we got out of it by considering the law and the implications and not even venturing inside a court room

that was a huge lesson and that has guided me until where im at now

but above all im at a place that i am fighting my corner and not considering crashing the car anymore and will help anyone who is either at that scary place or near it, and pass on my knowledge and experience

just try and see the other point of view first and count your blessings but never take anything for granted in life neither

take care all and above all Keep Happy and shout out if you ever need help - we are all here to lend a hand

MAZ

Both Maz and Toni have expressed all of my sentiments at least. I also agree that when Sophie is shafted by the system he/she might consider coming on here for help - and I will help too if I can.

But please remember everyone - Sophies is a typical (ie, most but not all) attitude from those in the financial industry. Despite being the cause of most of the issues in the world, they seem incapable of learning anything and dramatically underestimate the anger they generate by thier actions - especially acting as if nothing had happened.

If I am to be contraversial, it is now. We hear that there are increasing job losses in banks, DCA's etc. This is to be expected. We then hear banking unions cry against these losses. Where were these Unions (and by association, financial workers) when all of there dodgy dealings were being made? I'm afraid the "nuremburg defence" does not hold water there either.

For those that have made it to the end of my post, thankyou. For them and others, you might be pleased to hear I will not be posting again on this matter unless any further stupid and crass statements are made by people like sophie.

Now, lets get advising. Anyone have problems with AIC or MBNA?......

sophie2483

Wow jeez, my post wasn't intended to upset, just a bit of advice, but reading it back I guess it does sound flippant. I'm just sick of these 'credit card killer' companies and internet forums giving people false hope, epecially when the companies and 'solicitors' often charge upfront fees.. From what I have seen, the people disputing under s77-78 have just made their situations worse as they end up with a CCJ or often a default if if doesn't go to court.
Don't think I don't sympathise with those who lose their homes and have debt problems through illness or other things that just can't be helped (I have had it happen to a family member). But unfortuately the majority of the people I deal with have just plain overspent in a big way - it is these I don't have a lot of sympathy for when they try and get the debts written off.
Best of luck to all those sorting out their debt issues, but as a bit of advice I just don't think the whole s77-78 thing is the way forward.
Ps. weekend warrior - M&S money, MBNA, RBS, Activ Kapital and Deutsche Bank all have HQs in Chester - sorry but I don't want to say which one it is I work for.