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.
You could try this one - it seemed to work for me (so far) - but you would need to adapt (I assume you dont live in Scotland) http://www.consumeractiongroup.co.uk...ml#post2309744 at post 54..
Also, unless I have missed it, there is nothing about your right to cancel, and there are probably difficulties about the APR - they quote an APR and then, for cash, add a handling fee. So if you took out £100, they would add the APR, but also the handling fee, and then, if you dont pay it back charge interest on the handling fee. The APR is supposed to be the cost of borrowing the cash that you took out, but given the handling fee being added, it quite clearly isnt. However, both of these things are technical - the main one is lack of "credit limit".
Good luck
Thanks for that. She is in Scotland but hasn't been defaulted i don't think. Used some of your letter and mixed in another to hopefully get a decent one.
Re: Failure to comply with Consumer Credit Act 1974
Thank you for your recent letter dated 4th September 2009, the content of which are noted. However, your reply does not fulfil your requirements under the Consumer Credit Act 1974.
The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding for the following reasons.
•o “Credit Limit” has been stated – which is a prescribed term set out in the Consumer Credit (Agreements) Regulations 1983, as required by section 61(1) of the Consumer Credit Act 1974. In paragraph 3 of the document you have sent me, the phrase used there - “Approved Limit” - is not sufficient to advise me what the credit limit is or how it will be decided, and therefore a prescribed term is not correctly stated. On this point, please see Central Trust Plc V Spurway [2005] CCLR,where HHJ Overend states
24.” In my judgment, the passages of Lord Nicholls’ speech cited by Mr Say persuade me that:
(a)The amount of credit must mean credit in its technical sense, and
(b)That although the use of the word “credit” is not prescribed, there should not be any confusion in the mind of the lay reader as to what the amount of credit is”
As the agreement has been improperly executed, it is only enforceable by an order of the court, by virtue of section 65. However, since it does not explicitly state the term “credit limit” (rather, it mentions only an "Approved Limit”), as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of section 127(3).
•Paragraph 22 of Schedule 1 Consumer Credit Agreement Regulations requires that the agreement details the default charges payable. The document that you have sent to me fails to provide this information, and is therefore deficient in terms of these regulations, making the agreement further improperly executed.
As the agreement has been improperly executed in each of the above two respects, it is only enforceable by an order of the court, by virtue of section 65. However, since it does not explicitly state the term “credit limit” (rather, it mentions only an "Approved Limit” as set out in my point 2), as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court is explicitly prevented from granting such an order by virtue of section 127(3).
I still require you to send me a true copy of the original credit agreement that you allege exists. Under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.
You are now in default of my request and as such any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Further, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency. To register information with a credit reference agency, you must have written consent from the customer (me) to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.
For your information and to highlight your legal obligations, a valid credit agreement must contain certain terms within the signature document (s.60(1)(2) CCA 1974). These core terms are the credit limit, repayment terms and the rate of interest. (SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms must be within the signature document. (Column 2 schedule 6). s.61(1)(a) states the agreement must contain all the prescribed terms and be signed by both the debtor and on behalf of the creditor.
As you should already be aware, section 180(1)(b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form”. This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.
As such, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the Credit Reference Agencies.
The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office and appropriate
legal action.
I am writing in relation to the above payment protection (PPI) policy which I believe was mis-sold to me.
I believe you have not treated me fairly for the following reasons;
• The PPI was added without my knowledge.
• I was self-employed when the policy allegedly began.
• I had suffered heart and chest problems before the policy was effected.
• I was not asked whether I already had any existing insurance or employer benefits that would cover my repayments.
• You have been punished by the Financial Services Authority for failing to treat customers fairly and I do not believe that the PPI I bought was sold in my best interest.
Unless you can prove that the policy was fair and reasonable and that I was treated fairly when I was sold the insurance, I demand a full refund of all premiums, and subsequent interest on these payments, that I have paid in relation to this policy as well as any charges that have resulted including interest on them. I also expect 8% interest to be added to each payment I have made as this is the statutory amount a court would pay.
I look forward to your full and prompt response to this letter. If this matter is not settled within eight weeks of this letter I shall be contacting the Financial Ombudsman to investigate my complaint.
Yours faithfully,
Will write back soon as they haven't put the account back to where it would be without the dodgy ppi.
Thank you for your letter dated 12th November the contents of which are noted. Unfortunately your offer does not return matters to the state they would be in but for the PPI which you have admitted was wrong never mind any compensation for your wrong doing. You charged interest on top of the premiums and this has not been refunded with the 8% on top.
I accept your offer as part settlement and would ask that any payment be made direct to myself via cheque.
Help with egg cca please
my mum doesn't remember ticking and as she is self employed with heart problems it'd be hopeless anyway.
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