Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I had the same agreement sent to me by Egg, via CapQuest, on the 13th working day of request, and I waited until the offence period was up and then wrote a letter back to CapQuest.
In this I stated that no T&C have been sent so I am at a disadvantage to prepare my defence at their threat of court action.
After all, the T&C are clearly stated by Egg as forming part of the agreement, (check your's where you signed), and I gather they also form part of the prescribed terms in any case. I then asked for both, CQ & Egg's, complaints procedure and Capquest have now said my account is on hold while an investigation gets underway by them both.
As far as I'm concerned, and hopefully the law will recognise, they need to re-enforce the debt and they have committed an offence.
It looks more like an application than the actual agreement.
Usually, the creditor signs after they have received the form rather than before. On top of that, they are supposed to show the amount borrowed, the total cost of loan etc etc. All that is missing.
Anyone disagree?
I have to say from my dealing with DCA's and CA's that get sent to me, I believe the prescribed terms contained in the below post are the legal terms for enforcability.
Your alleged CA doesn't contain your credit limit/amount!
Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****
Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****
Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****
Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form
Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form
NatWest/Fredrickson International - CCA sent 12/04/07 No Reply
Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught!
Student Loans Company/CapQuest 3 - CCA sent 11/06/08
Lowell 3 - Ignored them went over their heads to Capital One
Halifax - S.A.R - (Subject Access Request) sent 17/04/07 Completely incomplete!
Halifax 2 - S.A.R - (Subject Access Request) sent 11/06/08
Capital One - S.A.R - (Subject Access Request) sent 11/06/08
On top of that, they are supposed to show the amount borrowed, the total cost of loan etc etc. All that is missing.
Anyone disagree?
It's a running-account credit agreement. The total cost of the loan would be impossible to calculate, it is dependant on the amount borrowed on the card. A credit limit doesn't have to be stated, however the agreement has to contain a term stating the way in which is to be determined, e.g. by reference to an agreed monthly payment. I have a feeling that the sentence stating that they will inform you of the limit in due course *might* allow the agreement to be enforceable
It's a running-account credit agreement. The total cost of the loan would be impossible to calculate, it is dependant on the amount borrowed on the card. A credit limit doesn't have to be stated, however the agreement has to contain a term stating the way in which is to be determined, e.g. by reference to an agreed monthly payment. I have a feeling that the sentence stating that they will inform you of the limit in due course *might* allow the agreement to be enforceable
You might be right there, sequenci, but it's all rather dubious and not too clear for consumers.
Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****
Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****
Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****
Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form
Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form
NatWest/Fredrickson International - CCA sent 12/04/07 No Reply
Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught!
Student Loans Company/CapQuest 3 - CCA sent 11/06/08
Lowell 3 - Ignored them went over their heads to Capital One
Halifax - S.A.R - (Subject Access Request) sent 17/04/07 Completely incomplete!
Halifax 2 - S.A.R - (Subject Access Request) sent 11/06/08
Capital One - S.A.R - (Subject Access Request) sent 11/06/08
Ha Ha Ilike it!!!!
My sister is having problems with Egg that boil down to a repayment break.
She has not only NOT received the T and C,s but has received a direct debit mandate as "proof of Debt"
Yeah right!!
Say you won the lottery three weeks later and paid off the whole amount there and then. What proof would the direct debit authority be then as it would never have been activated?
Say you won the lottery three weeks later and paid off the whole amount there and then. What proof would the direct debit authority be then as it would never have been activated?
Good call!
If they can't prove anything as basic as your T&C's of agreement then how can they prove most anything else?
I don't go along with this theory that the debt is there so you have to pay it simply because an amount is recorded in your name.
Only my T&C's would have told me I could have avoided drastic action by my creditor had I been aware of that document.
If it cannot be produced then why will a judgment be given against me?
What is the point of legislation if this is the case?