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Showing content with the highest reputation on 16/06/09 in all areas

  1. Could the prospective credit agreement be in breach of s59 of the CCA 1974 ? (I can't see the details on the thumbnail agreements u've posted) Here's some thought provoking snippets from a successful defence on prospective agreements used by PaulWalton (He WON) :- [begin quote] 2 On the 19th May 2005, the Defendant signed an Application Form for a credit card facility to be provided by Claimant. (Exhibit 1) 3 Provision of this credit facility was dependant upon a satisfactory credit record being obtained by the Claimant fr
    2 points
  2. A termination notice following a duff DN is just one way of establishing that the contract was repudiated. Demanding full payment without a valid DN is repudiation, as is commencing proceedings without a valid DN.
    2 points
  3. Yes to both; in both circumstances, it is an exempt vehicle as regards the Vehicle Excise and Registration Act 1994 (see schedule 2). Despite what others may tell you, it doesn't even have to be your nearest (or even local) MoT test centre. But you must have a pre-booked appointment. The car must be insured but need not be taxed or have a MoT certificate. It must be roadworthy - which is not the same as having a valid MoT
    1 point
  4. hi, what they have sent does not comply, Dear Sirs, Account no xxxxxxxxxxxxxx Re: my request under the Consumer Credit Act 1974 This account is in Dispute . On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account. In response to this request I was supplied a mere reply card which did not comply with the requirements of the Consumer Credit Act 1974. The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1
    1 point
  5. Are you sure that £1 wasn't for a CCA request you did over the 'phone?
    1 point
  6. Hi sonnyraul Please can you tell us what the Particulars Of The Claim are ? (but don't be too specific with the numbers i.e. £xxxx.xx.) You must acknowledge receipt of the claim form within 14 days of the date on the claim, then you get a further 14 + 3 days in which to submit your defence.
    1 point
  7. the default is not applied as a default regulated under the cca regs. it just another 'account' ida x
    1 point
  8. Agree 4 does seem to relate to a second cardholder, but I know there are many similar quotes on my application forms that refer to the main cardholder. I have long wondered about this - they refer you to the T&Cs, but I know I never received any T&Cs until my card arrived, so how could I agree to something I have never seen? Well worth eveyone having another squint at their agreements, I would think.....
    1 point
  9. ill bet first crediger)t are happy at buying a pup!! (snigger)
    1 point
  10. if the DN had been effective - that is to say if it had given you the right amount of time to remedy the breach and you failed to comply- then the creditor is entitled to terminate the contract and claim the whole amount due The DN was defective so the creditor did not comply with the CCA However he did terminate the contract (outside of the rules as it were) by doing so it is he who is in breach as he then denied you the opportunity to carry on repaying monthly as the agreement intends by doing this act he was in unlawful resci
    1 point
  11. You need to re-apply to get the original CCJ set aside asap. You need to let us know the application details of your previous set-aside attempt as I dont think you can use the same reason twice. Did you sent the notes to the court by recorded/special delivery? Do you know if they received them or not? Did you ever receive anything? Have you received from the court the judgement order? If you havent received it from the court, give them a ring and ask for a copy of the judgement I would send off a SAR to the original credit owner to request statements/copies of default noti
    1 point
  12. This may be of help. It's guidance from DEFRA to Local Authorities about how to deal with noise complaints in licensed premises. It details what they are allowed to do and reverences the appropriate Acts. Noise Act Guidance.pdf
    1 point
  13. gyzmo, Ive found it R v Passmore If a change in a person's circumstances did not affect any entitlement of his to any benefit under the social security legislation there was no obligation to disclose that change to the prescribed person. http://www.lawreports.co.uk/WLRD/2007/CACRIM/jun0.4.htm
    1 point
  14. Arrears Notices were introduced in the 2006 Act and came into force on 1 October 2008. They are fertile ground for challenge. By all means, file your ANs but do check them for mistakes. As for why they are still being sent during the court case, the requirement to produce ANs continues until judgment is obtained.
    1 point
  15. Morning, There have been rumours of some companies lifting signatures and placing them on agreements therefore it is wise to make your signature unliftable. This is done by either putting a couple of lines through the signature or putting your signature on a coloured background. The problem with sending cheques is that it needs your original signature--see above. That's why it is recommended that you send postal orders. With the SAR, you will get back lots of stuff including your statements and if you have charges on the account, this will show them up. If so, you could start a
    1 point
  16. Hi Dave, Right, its not a strike out is it? you need to put in your witness statement, the statement of the facts, its not a defence, so you need to put it in in your own words so to speak the format of a wit statement is set out on the thread i posted a link to, the first three paras need to set out who you are etc as i have set it out on the linked thread i really dont have any more time available mate, sorry
    1 point
  17. From what you have told us it doesn't sound as if he would pass the disabiity tests required to receive DLA, particularly as he is of the determined view that he can manage alone with little help. However, I don't know your friend whereas you do. This factsheet will give you an idea of what the disability tests look at. Disability Alliance Factsheet F23
    1 point
  18. This person really sounds in need of some intervention, but maybe the NHS cannot provide it. Your next step could be to contact Mind. Mind are a charity that help anyone with a diagnosed or undiagnosed mental health issue. On the website (National Association for Mental Health) there is a facility to find a branch in your local area. Once you have done that give them a ring and state this man's curcumstances. They might be able to advise you on a GP who takes a special interest in depressive illnesses or an agency that can step in and provide this poor man with some compassion and suppor
    1 point
  19. In my personal opinion, for the little that its worth, you should tell them to go forth and multiply. You have to realise that DCAs are employed by banks to collect the debts that their "call centres" havent managed to shake off the trees. Their responsibility is to their client (and in fairness that is the legal situation - their contract is with the bank) not with you. In terms of filling out their income and outgoings forms, my advice would be tell them to get lost (especially the ones who insist they can only do this over the phone and never in writing - I mean are you going to
    1 point
  20. This should help you.....(dig out some bits from this) I would like to suggest that, as a matter of course, we advise the user to go for a strike out under CPR 3.4(2)(a) in these cases. The reasoning is simple: Section 87(1) of the CCA 1974 says: 87.--(1) Service of a notice on the debtor or hirer in accordance with section 88 (a default notice) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,-- (a) to terminate the agreement, or (b) to demand earlier payment of any sum.... Secti
    1 point
  21. Oops for them Date is wrong Should be 14 clear days for action, so that date does not include the day you received it or the day on which they intend to take action 27th June 2008 was a Friday, so even if it was posted that day (you can put them to proof of this at court) it wouldnt have arrived with you in court terms until Monday 30th June 2008 EARLIEST So, clock starts ticking Tuesday July 1st which means earliest possible date of action = July 14th Is the underlined text on your reproduction above exactly as the letter, or is all the "BEFORE THE DATE SHOWN" underli
    1 point
  22. Hi, I have been in a simular position, and have won 3 times in court with A&L over charging orders.Another case in July.Have you had any letters from Shoosmiths Solicitors yet. I note that the second page of your document ist'nt signed? did you remove the signiture before you posted it on the forom, or did you not sign the agreement? Regards Lynn
    1 point
  23. Yes, im happy to help anyone, where i can, and whenever i have some time
    1 point
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