Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Is this enforcable

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

    http://www.consumeractiongroup.co.uk...hasing-me.html

    Any advice would be gratefully received.

    Similar Threads:

  2. #2
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    Default Re: Is this enforcable

    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.


  3. #3
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    Default Re: Is this enforcable

    Where is the page you signed i cant see it?

    Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

  4. #4
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    Default Re: Is this enforcable

    The part I signed is here http://www.consumeractiongroup.co.uk...ml#post1503007

    I cut out my signatureicon before posting.


  5. #5
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    Default Re: Is this enforcable

    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.

    Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

  6. #6
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    Default Re: Is this enforcable

    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 SARicon 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


  7. #7
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    Default Re: Is this enforcable

    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

    Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

  8. #8
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    Default Re: Is this enforcable

    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 SARicon? I am sure that there are charges on there.

    Help


  9. #9
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    Default Re: Is this enforcable

    THe SARicon 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.

    Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

  10. #10
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    Default Re: Is this enforcable

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


  11. #11
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    Default Re: Is this enforcable

    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 interesticon 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


  12. #12
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    Default Re: Is this enforcable

    Thanks for that.

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


  13. #13
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    Default Re: Is this enforcable

    Cabot, if they are chasing you

    David


  14. #14
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    Default Re: Is this enforcable

    Quote Originally Posted by pt2537 View Post
    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 interesticon 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
    pt please can you tell me where this information is ordering these to be included. I have a thread in legal at the moment.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE