Is this enforcable

[trumpetmaest]

Please could someone on here look at the agreement on my thread below and tell me if it is enforcable.

Liverpool Victoria are chasing me

Any advice would be gratefully received.

[cashins]

Um... Not really up on 2004 vintage ags but as I understand it:

If it's a revolving credit facility it should show-

The credit limit or how it is determind or that there is no credit limit.

Can't see this on the main ag, the T & C's are not clear enough to read.

Have a look at the copy you have to see if you can see it.

David

PS - If you can't read what you have been sent (T&C's), directly refered to in the main agreement, they would need to provide a legible copy to get anywhere.

[creditcardmug]

Where is the page you signed i cant see it?

[trumpetmaest]

The part I signed is here Liverpool Victoria are chasing me

I cut out my signature before posting.

[creditcardmug]

Well the prescribed terms are on it, in fact that's virtually all it consists of.
However something doesn't look right to me with this, whats that about at the top about assignment, and underneath re cabot square?, can this be an original agreement? Liverpool Victoria isnt that an insurance company, is their name on the agreement?. I dont like this at all.

[trumpetmaest]

The Loan was with Morgan Stanley.

Liverpool Victoria 'bought' all Morgan Stanley loans.
As soon as I got a letter from LV I CCAd them.

This is what I got back. I then sent a Subject Access Request to them.

I heard nothing until now, when I get a letter saying Cabot have bought the debt.

I am very confused what action to take

[creditcardmug]

Ah, im starting to get the picture now, so its been assigned twice then, so you should have had hello/goodbye letters both times.

Have you still got a copy of the original that you signed?, if you have and its the same as that which you posted in your other thread, then its enforcable IMO

[trumpetmaest]

I have never had any goodbye letters.

The first I knew about LV was when they demanded payment.

LV said that they had taken over all Morgan Stanley loans.

Cabot have sent me a letter with a welcome to them & a letter printed by them that pretends to by from LV (IMO)! It has Cabot references on the footer in small print!

Should I CCA Cabot?

Should I send a letter to LV disputing my account because they have not complied with Subject Access Request? I am sure that there are charges on there.

Help

[creditcardmug]

THe Subject Access Request non compliance doesn't put the acc in dispute, you need to write to LV requiring them to supply all data they have on you, and also requiring them to send a notice of assignment to cabot and from MS.
However i say again, do you have a copy of the agreement you signed, if you do and its the same as in you previous post then its enforcable, so no point i sending another CCA request.

[trumpetmaest]

The only copy I have is the one LV sent to me whe I CCAd them.

[pt2537]

Right

it is IMHO missing the following points

1. no Total Charge for Credit

2. No Total Amount Payable

3 APR is incorrect and is infact 8.5%

4 Rate of interest is incorrect and should be 8.21%

so while this is not a prescribed term that is misstated, you have been denied the statutory protections that the CCA 1974 was designed to offer

[trumpetmaest]

Thanks for that.

In your opinion, should I send a dispute letter to LV or should I CCA Cabot & then dispute with them?

[cashins]

Cabot, if they are chasing you

David