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Everything posted by richcufc

  1. I am a non-resident parent who has been paying maintenance via the CSA for years. I was aware that my agreement would be ending and fully expected to start a new agreement and continue paying for my non-resident daughter. My question is, as no-one seems to be able to answer it at present, if my agreement with the CSA ended on 13 February why should I have paid a full months worth of money to them in February? My new agreement with CMS starts on 14 February (some valentine lol) so technically I will end up paying twice for the second half of February. Now as this money is for my daughter this wouldn't be a problem but 1 her mum has aways made things difficult for me and 2 when I needed assistance from the CSA many years back they well and truly shafted me. So my thoughts are I want my money back? Is this going to be likely or possible? Thanks, Rich
  2. This is as far as I have got with my POC so far for my prev 2005 credit agreement. The Credit Agreement is invalid for the following reason: It is submitted that the credit agreement supplied falls foul of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) in so far that the prescribed terms are not contained within the agreement but in a separate document. The prescribed terms must be with the agreement for it to be compliant with section 60(1) Consumer Credit Act 1974. I refer to the judgment of TUCKEY LJ in the case of Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299 Schedule 1 to the 1983 Regulations sets out the "information to be contained in documents embodying regulated consumer credit agreements". Some of this information mirrors the terms prescribed by Sch 6, but some does not. Contrasting the provisions of the two schedules the Judge said: "In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s 61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements, which are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the minimum terms) are to be found in Schedule 1." If the agreement does not contain these terms in the prescribed manner it does not comply with section 60(1) CCA 1974, the consequences of which means it is improperly executed and only enforceable by court order The agreement must be signed in the prescribed manner to comply with s61 (1) CCA 1974, if the agreement is not signed by debtor or creditor it is also improperly executed and again only enforceable by court order. The courts powers of enforcement where agreements are improperly executed by way of section 65 CCA 1974 are themselves subject to certain qualifying factors. Under section 127 (3) Consumer Credit Act 1974 the requirements are laid out clearly what is required for the court to be able to enforce the agreement where section 65(1) has not been complied with 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). Further more the courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced.
  3. I have outstanding service charges on my flat which I can not afford. Is there a standard way I should approach my lender to ask for the fees to be added to the mortgage? Does anyone have a letter they have used? Thanks Rich(not lol)
  4. Thanks I think I should have enough information to post my papers. I'll put them up here first to be checked out. Thanks for the help.
  5. Hi 42, Not a defence no. I have an agreement with a certain credit card company which is i believe not enforceable. All other avenues have failed so I would like to take this to court to prove it is not enforceable. Rather than wait for someone to take me to court lol
  6. Is there a standard POC on CAG for invalid/non enforceable credit card agreements? If not does anyone have a POC they have used for a non valid credit card agreement? Thanks Rich
  7. Indeed a valid question. No reference made to my emplyment status or personal situation. I am aiming to make a claim.
  8. Is there a UK address to CCA the Bank of Ireland or do I need to write to their Dublin address? It's for a credit card.
  9. Can anyone advise if this loan agreement is valid? Thanks, Richard Scan1.pdf
  10. I would agree it appears they are in a roundabout way stating they do not have a signed agreement. For your peace of mind you may want to SAR them to check the whole file they hold. Out of interest when exactly was this loan taken out? If in the last 6 years then you may have a complaint under the Data Protection act and then possible compensation should you wish to push for it I am sure someone from the site team can point you in the direction of a letter asking them to close the account due to lack of paperwork.
  11. Haviong looked at your agreement I would say it is unenforcebale as all the prescribed terms and your signature are not contained within the same page which was a requirement in 2004. I can't help with the charging order but someone else from this site will be able to help.
  12. You could put in an SAR or CCA request to slow up proceedings. To my knowledge being a payday loan your agreement will be valid and due for payment. If you provide said firm with an income and expenditure form confirming the amount you can afford and your reasonable offer of payment then this can be produced should they ignore it and proceed further with legal action.
  13. How did you go about disputing the sum? Was this done in writing? If you have your bills, is it itemised to show a breakdown of charges? The OFT guidance rules on debt collection state that it is unfair to not cease collection activity whilst investigating a reasonably queried or disputed debt and the firm involved would therefore be using deceptive/and or unfair methods. Although technically not collection activity if you have a reasonable query on an account then this should not be defaulted. I am not one for providing a letter for this but would also suggest thatwhilst this debt is queried and disputed then there are Data Protection issues here relating to the information registered with the CRA. Basically is this information correct or not, if not then a complaint to the information registrar regarding a breach of the data protection act may be in order. I am fairly sure there is a template in the templates library that could be amended for this.
  14. Scan the CCA if you can so it can be checked. If it's not a valid agreement then you can, with help from here, get on the front foot and get rid of these firms once and for all
  15. Is this a current debt or a recent one? Did you ever gain any correspondence relating to the debt after the court case was stayed? Is this definitely still stayed? It is important to check this. Who was chasing you? And who is chasing you know? Who was the original creditor? When was the debt taken out? When did you stop paying? And Why? Many more questions possibly but answers will lead to solutions.
  16. I checked the APR and have found the payments to be correct. I'll speak to my frined with a view to reporting to Trading Standards regarding the mother paying. Thank you all.
  17. Good point 42man this had not crossed my mind.
  18. That was my viewpoint just wondered on the APR being so high. Had a second question on this one. The firm contacted my friends mother and not only discussed the account with her but she agreed to make payments to them. This obviously breaks the Data Protection act in a large way. I thought I should tell my friend to SAR them for evidence and then take action against the firm. Not sure what though?
  19. I have had a few dealing with them. They are no different to most of the other firms mentioned throughout CAG. If you need any help with them let me know
  20. Write to them as below and ask them to confirm you owe the money. Ref:xxxxx Dear Sir/Madam You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves. I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name). I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question. I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. I/we look forward to your reply. Yours faithfully, Whilst you await a reply you could contact T-Mobile and ask them to confirm the account is closed. Otherwise if no reply is received I would lodge an official complaint prior to referring to OFT just so that you have taken th required level of action.
  21. Yes it was all signed and dated. Names and dates removed to protect the innocent(or not) lol
  22. I agree with PGH hit them where it hurts. Reply and add your costs and advise them court proceeding will follow. If you do not reply then instigate court proceedings. You will get more than enough help on here to get this monkey of your back!!
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