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.
Have a credit card with TradePro for use in business.
It is supposed to be a business card but they have defaulted me personally under the consomer credit act 1974 twice since November and have added over 2k in charges.
Have requested the CCa and they have sent me the applcation form, signed, etc.
After a heated phone call they have said that that is the agreement and is valid however it has none of the prescribed terms in it or anything else.
They have stated that it is a business agreement and doesn't come under the CCA 1974 so how can they default me under the CCA?
After applying they sent an acceptance letter 4 weeks later with the credit limit on it but no payment terms. There are in a separate T&C booklet with an APR of 49.9%!!!!
So can I tell them where to go? and has anyone else had dealings with this lot - they also have their inhouse CDA's - CDC and Scotcall
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Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Actually, you must have adde those after I last looked - I can read those OK.
THe agreement does not constitute a 'true copy' and is unenforceable beacsue there are no prescribed terms.
Steven
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GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Thats good to know - does it matter that it says "Business Application"?
Strange thing is they have said loads of times that it is B2B - doesn't count - but the 2 DN's both have the CCA 74 on them !
They are right - the CCA 1974 doesn't apply to B2B agreements. The agreement posted above doesn't say it is regulatyed by the CCA 1974
Steven
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GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
I know however they have issued 2 default notices under the CCA 1974 and when I told them this they said we'll call you back. Coversation below......
Had them on the phone the other day asking why I hadn't paid?
I asked them why they hadn't sent me the CCA.
They said we have - I said no - you haven't.
They said we have - I said no - you've sent me an application form.
They said that is the CCA.
Oh I said, then where are the prescribed terms?
Errrr hey said.
Conversation over.
10 mins later, CDC call.
Why haven't you paid?
I said, why haven't you sent me the CCA?
They said they have.
I said no - you've sent me an application form.
Oh they said can e call you back?
Yes I said.
10 mins later - How about a F&F of £****.00
I said err no as there is no agreement.
Oh they said.
I said find me the agreement and I'll look at what we may or may not owe however there a rather a lot of charges and interest here.
They said we call you back.
So has anyone got an idea how if this ISN'T covered by the CCA 74 how they have defaulted me under the CCA 74?
Will post up the 2 default notices later this week when I get back just in case I'm missing something.
Yet another default notice today under the CCA 1974 - so still baffled how they can claim to have a non regulated agreement but default me under the agreement.
Surely it either is or it isn't?
Yet another default notice today under the CCA 1974 - so still baffled how they can claim to have a non regulated agreement but default me under the agreement.
Surely it either is or it isn't?
So they are issuing multiple default noticed under CCA 1974 against you personally? You can only be defaulted once (if you don't comply) but from what I can read of the guarantee it's just that so CCA wouldn't apply. They would have to simply issue a claim against you personally if the company had broken the terms of the agreement - no default notice needed or relevant. Have they actually registered a default against you with the CCAs or is the default notice not quite that - maybe it's a letter of default notifying you that the company has defaulted and they claim to call in the guarantee? UTCCR and other legislation may come into it...
For a B2B account, normal contract law applies unless you count as a 'consumer' but they can't have it both ways
Steven
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My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
It is a ltd account so thats my point - can't have it both ways.
If they want to push it like that - then I don't mind waiting for them to chase me and see what a judge has to say over the default notices, the contract and their actions.
Their favourite is the "debt collection Fee" - basically their T&C's say they can add 25% of the outstanding balance to the account as a collection fee if you are late paying.
For such an account the only real legal protection you have is in the Unfair Contract Terms Act 1977 as that is the only legislation that applies to non-consumers
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Anyone heard of TradePro?
they have said that that is the agreement and is valid however it has none of the prescribed terms in it or anything else.
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Originally Posted by HammyUK
