Thread: CDC are adding £850!!!! to account

Hi tracyd

Have you had a look to see if your agreement is enforceable? This thread here will help you - http://www.consumeractiongroup.co.uk...le-useful.html

If you want to paste a copy of the agreement, remember to blank out the personal information and use a site such as Photobucket to upload the image to, so you can link back to it on your thread.

Hi ananya
Thanks for the info. I have checked the link you sent me and it appears i hope!! that the agreement is not properly executed.

I have pasted it for anyone to have a look at and see if they agree.

I hope people can see it...not sure how to zoom in on it.

Kind regards
tracy

It's a little difficult to read.
Does it contain all of the prescribed terms ?

Originally Posted by 8.1 What are ‘prescribed terms’?

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

8.2 What if prescribed terms are missing or incorrect?

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.


8.3 What are the prescribed terms?

The prescribed terms specified in Sch 6 are as follows:

* amount of credit – see Q8.

* credit limit – see Q8.5
* repayments – see Q8.9.
* rate of interest – see Q8.6

Sch 6 was not amended by the 2004 Regulations.


Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk...ceability.html

I have had a go at increasing the size of the agreement. I hope someone can comment on what they think...

From the bits I can make out it looks like an application form.

Any chance you can scan it so it's about 600 dpi (pixels) x 1700dpi
then upload to photobucket and post a link to it here?

Needs to be properly readable, so we can see if it contains all the proper things it needs to make it a proper executed agreement.

It's probably not, but always best to make 100% sure before continuing.

I just saved the document and sharpened it in Photo editor, now it was not brilliant but there are no prescribed terms relating to repayments on there. There is a credit limit and a rate of interest, thats it.

Tracy, just make doubly sure that the agreement does not contain the following

B Repayments
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-
(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.


Hope this helps
Flick

Unless there is a clear contractual obligation adding "collection" fees of this order is unlawful and a clear breach of OFT collection guidelines.

Once you have sent the S.A.R to TradePro throw this at CDC:

ACCOUNT IN DISPUTE

Dear Sir/Madam,

Your ref:


Thank you for your letter of **DATE**, the contents of which are noted.


I am disputing the total value of this debt with TradePro. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.
As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.


Yours faithfully

Tracey, no worries it's what we do.
After all at the end of the day, if a debt is valid and compliant, we want to pay what we actually owe and not inflated "collection" charges.

Send my letter to CDC.
Should make them think twice about what they are doing.
Also bear in mind these as simple template letters that they send out.
They are designed to cause alarm !!