Jonny8oys UE Diary

[Never-In-Doubt]

Re: Jonny8oys UE Diary

ya Happy New Year Niddy and all, imagine it was a busy break but I'm sure you're back to the grind working hard!

Did you receive my PM'd CCA's Niddy?

Hiya, I did indeed receive both but took some more time out as I have had major site issues lately, sorry for the delay!

Cahoot - this is a flexible loan which, if you'd read previous diaries, would suggest this is the one and only type of account that confuses me because I am still unsure just how they are regulated in that a loan is under s.79 CCA1974 but a credit card confirms with s.78 CCA1974. So, why are they issuing a loan agreement "assuming" a "credit limit", which is what a credit card is based around - NOT a loan which is fixed repayments; fixed loan amount, fixed end date etc etc..... Suffice to say, it's unenforceable as a result - so being you hate them cos they're your shitty creditor - right now, you should be rather smug when you stop paying and send this back them: ---> viewtopic.php?p=1503#p1503



HBOS (Car) Loan - can you confirm, do you still have the car? This is, however, enforceable so just checking if you still have the car or not?

[Oct Revolution]

Re: Jonny8oys UE Diary

Hi Jonny8oys,

looks like you are in a similar position as I am with Cahoot/Santander although I'm a little further down the line with them - check out account 7 on my diary. at present I'm ignoring them to see what they send/do next.

[Elsie52]

Re: Jonny8oys UE Diary

Hiya,

I also have a Cahoot flexible loan, and we CCA'd last April....not paid since April 2010...and so far things have gone quiet. Defaulted in 2008, and not heard anything from them since October 2010........I have probably just tempted fate now.!! As Niddy says its one of those accounts which are difficult, so just blagging along until the next letter....Good luck both of you.

[jonny8oy]

Re: Jonny8oys UE Diary

Elsie> Thanks for your helpful comments, I'll reply with proposed letter from Niddy, although the links seem a little muddled and now I can't access the letter

October R> Well, looks like I'm joining a new founded Cahoot Flexi club. Good to see where this path may take me. Thanks

Niddy> I don't own the car anymore, that's long gone (The ex-wife left in it!!) The amount is relatively low so I'll mark that one as enforceable - Thanks for checking Niddy. Oh and great work/effort on the new Forum!! One other thing, my reply letter to Egg - now the Forum has been rearrange, the link is broken - which letter was it referencing to?

[Never-In-Doubt]

Re: Jonny8oys UE Diary

Elsie> Thanks for your helpful comments, I'll reply with proposed letter from Niddy, although the links seem a little muddled and now I can't access the letter

Apologies, its part of the old forums - this is the template I linked you to: ---> CCA Query - Missing Prescribed Terms

October R> Well, looks like I'm joining a new founded Cahoot Flexi club. Good to see where this path may take me. Thanks

won't be far - they know themselves it's not complaint or lawful with CCA1974 which is all that matters to us (moreso, you!)

Niddy> I don't own the car anymore, that's long gone (The ex-wife left in it!!)

Mate, so sorry but gotta do this:

The amount is relatively low so I'll mark that one as enforceable - Thanks for checking Niddy. Oh and great work/effort on the new Forum!! One other thing, my reply letter to Egg - now the Forum has been rearrange, the link is broken - which letter was it referencing to?

Egg? Which post are you referring to?

The old forums are still around (for reference), here: ---> http://oldforum.all-about-debt.co.uk/index.php

[Never-In-Doubt]

Re: Jonny8oys UE Diary

See this new thread I just created to help with broken links: ---> Old posts - old forum - problems?

[Never-In-Doubt]

Re: Jonny8oys UE Diary

5) Halifax CREDIT CARD
Outstanding amount: 8,983
Last paid full amount: June 2007
Defaulted, own by Halifax (Bank of Scotland)

Action: Sent CCA Letter request (29/11/10)
Received: Copy of reconstitued agreements and original T&Cs..Ummm, thanks Halifax. CCA requested with relevant department.
**UPDATE (18/01/11)** Received: Copy of CCA. Sent to Niddy for checking.

This is an application form, send this back: ---> CCA Query - Application Form Received

[Never-In-Doubt]

Re: Jonny8oys UE Diary

2) Egg LOAN, now with Apex Credit Management
Outstanding amount: 993
Last paid full amount: Jun 2007
Defaulted, own by Apex Credit Management

Action: Sent CCA letter request (29/11/10)
Received: Letter to say account referred back to Egg to provide CCA agreement (account on hold!)
**UPDATE (18/01/11)** Received: CCA received from Egg via Apex - sent to Niddy for checking.

This is also unenforceable as it does not list the PPi as a separate heading - read this for details: ---> Multiple Agreements

Respond to Egg with the following: ---> CCA Query - Missing Prescribed Terms

Excellent result here by the way!



Examples below - notice the Egg one is exactly like yours.....

Enforceable Personal Loans:

First Direct - Enforceable
This example fully complies with s.18 and lays out the agreement as two seperate agreements.



Co-Operative Bank - Enforceable
This fully complies with s.18 in that it gives the prescribed terms for both agreements although the form is not laid out quite as obviously as the First Direct one above.

Unenforceable Personal Loans:

Egg - Unenforceable
This completely ignores s.18 and is therefore unenforceable (it doesn't have seperate repayment terms for the two agreements) - Remember, repayment terms are prescribed terms in Sch.6 of the Consumer Credit (Agreements) Regulations 1983.

[jonny8oy]

Re: Jonny8oys UE Diary

Super - Thanks Niddy, will gets those letters sent (along with a little reminder for MBNA/Virgin) and wait for round 2!

[Never-In-Doubt]

Re: Jonny8oys UE Diary

Super - Thanks Niddy, will gets those letters sent (along with a little reminder for MBNA/Virgin) and wait for round 2!