MAVERICKMAN
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I disagree. Section 127(1) of CCA 1974 refers to s.65(1) of the Act which states: "An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only". So, what is the definition of an "executed agreement"? Section 189 (definitions) of CCA 1974 states: "'executed agreement' means a document, signed by or on behalf of the parties, embodying the terms of a regulated agreement, or such of them as have been reduced to writing". Therefore, IMO, if a document was not signed by both parties, then there is no agreement...period.
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The CCA 2006 only repealed subsections (3) to (5) of section 127 of the 1974 Act; you still need a signed agreement to enforce it, IMO.
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CCA74 - NO CREDIT AGREEMENT - claim all monies back?
MAVERICKMAN replied to smartmartian10's topic in General
Here: This is a draft of the judgment to be handed down on ––––– 2000 at ––––– a.m. in Court No –––––. It is confidential to Counsel and Solicitors, but the substance may be communicated to clients not more than one hour before the giving of judgment. The -
I had the same thing happen to me last spring -- Barclaycard/Cabot letters in the same envelope! What you should do now is to send a CCA request letter to Cabot. You can find a template letter here: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html Letter N is the one to use. You will also need to send a 'fee' of £1 (Postal Order, not cheque). Do NOT sign the letter, only print your name -- DCA's are in the habit (allegedly) of doing 'copy & paste' jobs! Furthermore, send the letter by Recorded Delivery. They will have 12 working days' to reply or be in default; this is a legal requirement according to s.78 of the Consumer Credit Act 1974. P.S. Start the letter with these words in capital letters: I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY!
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Hi there, PT. The only e-mail contact that I know of for Capital One is this one for reporting fake e-mails (phishing) to them: [email protected]
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HFC-No Agreement? - Amended defence help please **WON**
MAVERICKMAN replied to robcag's topic in Legal Successes
I'm just an interested subscriber. -
You're welcome! I'm glad to help. 8)
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I have a copy: 2.Consumer Credit (Agreements) Regulations 1983.pdf
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Check this out: http://www.competition-commission.org.uk/inquiries/current/homecredit/working_paper_legal_framework.pdf
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Try this link for CCA 1974 s.78: Consumer Credit Act 1974 (c. 39) - Statute Law Database
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Check this out on Wikipedia: Annual percentage rate - Wikipedia, the free encyclopedia
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As I stated above, those (EDIT) at IND Ltd. don't mess about! If you should receive a County Court Claim Form from them, then I would strongly advise you to dispute the debt and file a defence. Otherwise they WILL by-pass the County Court procedure and issue you with a Statutory Demand! That's what happened to me!
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Barclaycard - County Court Claim**WON**
MAVERICKMAN replied to Heather58's topic in Barclays, BCard and Woolwich successes
I'm an interested subscriber. -
Court Hearing 25th Feb...Help Please **WON** CASE STRUCK OUT
MAVERICKMAN replied to illonavamp's topic in Legal Successes
Hi there, I'm just subscribing out of interest.
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