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krikkie

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About krikkie

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  1. Hi, Barclaycard have just sent me a blank application form (absent of prescribed terms) which they state shows the legal basis of my 'debt' with them and that my debt is therefore enforceable. Obviously I have disputed it, but I would like to know if any of you have any idea where I stand with respect to their right to offset while I dispute their claim? I bank with Barclays and really don't want to move banks if I don't have to. Can they use the right to offset on a disputed debt just because they say it shouldn't be disputed? Cheers, Krikkie
  2. Hi guys, Just wondering if any of you have the same CCA as this and if you know what the small print underneath the signature boxes says? http://i989.photobucket.com/albums/af16/krikkie25/scan0005.jpg They've sent me a blank application form the prescribed terms are in a separate T&C document (unsigned) I'm just trying to figure out if there is any reference to it on the main app form. Cheers
  3. THIS AGREEMENT IS NOT ENFORCEABLE!!!!!!! You would do yourself a justice to read the regulations (SI 1557 / 1983). The headings are wrong and this is sufficient to make it unenforcealbe. Also if the agreement was actually meant to be a cancellable one then that is another reason it is unenforceable, along with the absence of a date box next to your signature. PM me if you want more help on this
  4. Yes it is another breach. That contract is unenforceable.
  5. I don't see how this contract is enforceable - the prescribed terms are not prior to the signature and even those printed on the reverse are not in the correct form. Dispute it.
  6. I really wonder why your solicitor isn't helping you more with this one. What is his problem? Eversheds, if what you say is correct, are behaving inconscienably (spelling? lol). Who is the solicitor acting for you? And how are they charging you? It would also be useful to know why your solicitor thinks that the paperwork you have is not sufficient? Krikkie
  7. I've taken a look at the contract and I consider it is unenforceable by the 1983 regulations as the prescribed terms, or any reference to them, are not included before the signature. I'm in the same situation. I'd definately query this one, perhaps with a solicitor. Let us know how you get on
  8. Under secton 172 of the Consumer Credit Act 1974 a statement made by a creditor under s78 (which is the section you made the request for the cca under) is binding. Your lender has said that the blank copy he has provided is a true copy of the original and hence this statement is binding upon him even if he does find the original IMO (I'm no lawyer mind). The blank copy they have provided does not contain important prescribed terms, such as the interest rate, and hence is unenforcealbe. See if you can get some debt advice on this, perhaps on Legal Aid if your income is low. Give a few solicitors a ring and see what they say. Good luck and keep us updated!
  9. Sounds like harassment to me. The Office of Fair Trading has guidance on fair dealing with creditors, and it states expressly that debt collects are not allowed to call without giving a specific reason why. Lots of very helpful information on remedies is available here: Debt Factsheets - Harassment of people in debt by creditors Krikkie
  10. If you signed it in the bank it is not a cancellable agreement as far as I am aware (section 67 Consumer Credit Act 1974)
  11. I've sorted this myself now thanks. The agreement is not enforceable in my opinion, by s2(4) of the 1983 regs (SI 1559 / 1983) - prescribed terms need to be in a defined order and last of these is the signature.
  12. Take a look at the 1983 Regs (SI 1553 / 1983). Section 2 (4) states quite clearly that the prescribed terms need to be in a certain order, and last of these is the signature. I am no trained lawyer but in my eyes that means that T&Cs on the reverse of a document is not sufficient for a properly executed agreement. (4) Subject to paragraphs (5) and (9) below, the information, statements of the protection and remedies, signature and separate boxes which this regulation requires documents embodying regulated consumer credit agreements to contain, shall be set out in the order given by paragraphs (a) to (f) below under, where applicable, the headings specified below– (a) the nature of the agreement as set out in paragraph 1 of Schedule 1 to these Regulations; (b) the parties to the agreement as set out in paragraph 2 of Schedule 1 to these Regulations; [ © under the heading “Key Financial Information”, the financial and related particulars set out in paragraphs 6 to 8B, 11 to 14 and 15 to 17 of Schedule 1 to these Regulations; ]6 (d) under the heading “Other Financial Information”, the financial and related particulars set out in paragraphs 3 to 5, 9, 10, 14A and 18 to 19A of Schedule 1 to these regulations; (e) under the heading “Key Information”– (i) the information set out in paragraphs 20 to 24 of Schedule 1 to these Regulations; and (ii) the statements of protection and remedies set out in Schedule 2 to these Regulations; and (f) the signature box and, where applicable, the separate box required by paragraph (7)(b) below;
  13. Hi, I have the attached CCA from Halifax. No prescribed terms are included on this sheet but the top right hand of the document makes references to an 'attached' document which contains 'important terms'. I have the following issues: 1. If the required prescribed terms are in fact on the reverse of the original, would this count as a properly executed agreement, and on the basis of what case law? 2. I signed this agreement in-branch and hence I understand the agreement should be statutorily uncancellable. However, explicit reference is made on this document to the contract being cancellable. Does this mean that this particular CCA is covered by statute as a cancellable or uncancallable contract rules? 3. If the required prescribed terms are attached to the original rather, would these be classified as forming a separate document? 4. Halifax have written to me (despite a perfect payment history with them), offering the option of closing my account and paying about 18% on the current balance or of keeping my account open and paying about 28% on the balance. Does this count as any kind of extortion? Where can I research the legality of this? Surely they could keep the account open on the lower rate of interest and just reduce my credit limit steadily over time rather than offer this unreasonable take it or leave it offer. 5. Would a cancellation of my agreement count as a variation and then subject to the rules of schedule 2 of the 1983 regs? How do I find out what T&C's would apply to my account if it were closed? All ideas gratefully received Big Thanks, Krikkie
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