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 CCA? Enforceable?









  2. #2
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    Default Re: CCA? Enforceable?

    This thread will help you, but it was posted before the Carey v HSBCicon case in December 2009, so may need updating.

    http://www.consumeractiongroup.co.uk...nts-guide.html

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    The Consumer Action Group is a free help site.
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    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  3. #3
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    Default Re: CCA? Enforceable?

    Any other comments please?????


  4. #4
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    Default Re: CCA? Enforceable?

    Look at the terms and conditionsicon of use.

    In section 5 it lays out the minimum payments except as mentioned in clauses 9.4, 10.5 and 10.6.

    These clauses are not mentioned anywhere in the documentation.

    Minimum payments are a prescribed term.

    I wonder what clauses 9.4, 10.5 and 10.6 said? Maybe they said you don't have to pay anything when the day has a "y" in it.


  5. #5
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    Default Re: CCA? Enforceable?

    If only Macie Thanks very much for your input into my thread. I thought no-one was ever going to help me.

    What do I do now then? because that is all that they have sent me. Does that mean that if they have more documentation containing these terms that are missing that it is then enforcable?. Does what you are saying make it unenforcable then??


  6. #6
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    Default Re: CCA? Enforceable?

    don't know what you should do now. hopefully somebody else can help.

    but i would say the agreement does not have the necessary prescribed terms


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    Default Re: CCA? Enforceable?

    You only posted the agreement. What is your situation and what do you hope to achieve?

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  8. #8
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    Default Re: CCA? Enforceable?

    That is all they sent me Caro. I was curious to see if was enforceable or not - like others on the site. Any help would be greatly appreciated as I don't want to do anything and be completely wrong about enforceability.


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    Default Re: CCA? Enforceable?

    Hello foxyflugel,

    May I just remind that CAGicon is set up as a self-help site.

    If you search the site then you should find the answers you need without resorting to request the assistance of the Site Team.

    Caro has asked some simple questions which remain unanswered.

    Have a look at these links which may help you understand the enforceabilty of the paperwork (courtesy of 42man & steven4064) -


    Is My Agreement Enforceable - Useful


    Consumer Credit Agreements

    I'm sure that you have done some research on the subject and will know that it will be you who has to explain the technical points of Consumer Credit law to a Judge.

    The better you know your case, the better prepared you will be.

    Why not examine your agreement against the advice given in the links and post up what points of contention you observe.



    Help us to keep on helping.
    Please consider making a donation, however small, if you have benefited from advice on the forums.
    This site is run solely on donations.

    You can make a donation HERE. Thank you.

    Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.
    Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  10. #10
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    Default Re: CCA? Enforceable?

    Thanks for your reply Supasnooper. I have answered Caro's questions in my previous post - and whilst I appreciate that CAGicon is a self help site - I have spent hours upon hours trawling through the site and reading various posts and still feel unsure of my agreements enforceability. Other people on here appear to get help from forumers and I clicked on the sign for site team help as this is what another forumer suggested to someone else in my position. Apologies for bothering you.


  11. #11
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    Default Re: CCA? Enforceable?

    Quote Originally Posted by foxyflugel View Post
    That is all they sent me Caro. I was curious to see if was enforceable or not - like others on the site. Any help would be greatly appreciated as I don't want to do anything and be completely wrong about enforceability.
    I'm not clear why they sent you the agreement.

    For example did you send a CCA request, or are you making a claim against MBNAicon. or are MBNA claiming from you?

    Without knowing what you are trying to achieve it's hard for anyone to advise.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  12. #12
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    Default Re: CCA? Enforceable?

    Hi Caro

    I sent them a CCA request and this is what they sent me. Just need to know if it's enforceable and then I can take it further - scared to do so unless I definitely know for sure.


  13. #13
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    Default Re: CCA? Enforceable?

    I'll move the thread to Legal Issues where you may get more informed assistance.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.


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