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citocoms

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Everything posted by citocoms

  1. Got result back, 'enforceable by court order' but not 'unenforceable' (i.e. not proscribed terms). Sorry to disappoint folks.
  2. Thanks useful post and information. I have the original T&Cs as at Nov. 2001. I will pm you. The Variation clause is 13 in the current T&Cs you can obtain online at Legal Info.(Bottom of Home Page)
  3. JayZ you can get a copy of the current T&Cs online at Cahoot; go to home page and scroll down to the very bottom, along the bottom you will see legal info (thats T&Cs) click on it to get the T&Cs. I suspect they are updated to ensure compliance with CCA 1974 by now. I have a much earlier version.
  4. Typical FO ignoring the fact that we are trapped and cannot pay up, just as Cahoot know only too well. FO should consider it an Unfair Contract, but they are in the hands of the Financial Institutions, their paymasters and no doubt hosts at many big events. Whole damn system waited against the powerless consumer. Take Financial Agreements we are meant to read and UNDERSTAND all that garbage and can even now be mislead on APR and Interest Rates, yet Agreement is enforceable by a court (post 1 Jan 2007). It is a disgrace and exploitation of consumers.
  5. citocoms

    M&S Agreement

    Ok, got my report today. One prescribed breach (Unenforceable) and two breaches (enforceable only by order of a court). The prescribed breach, APR/Interest, a breach of a prescribed term (as defined in Schedule 6 of the Consumer Credit (Agreement) Regulations 1983 as amended)for the purposes of sections 61(1)(a) and 127(3) of the Consumer Credit Act 1974. I may have to go to court on this one as it is not clear cut (Claims Company must have forgot to mention that when selling me the report?). I know from reading that a lot of these so called Unenforceable Agreements just result in a part settlement, now I understand why. The other two breaches relate to 'The agreement does not provide the total charge for credit' and 'The Terms and Conditions do not state that the calculation of APR does not take into account possible variations in the rate of interest.' I also now know that their is one company out there who do not charge, as Claims Companies apparently get paid a decent fee for referring cases to Solicitors to pursue. The Solicitors get their money fom the company being pursued (your loan company). So no need to pay big fees. Now N.I. is a bit problematic as we do not to my knowledge have CCA 1974 experienced ligitagators, or I can't find them.
  6. citocoms

    M&S Agreement

    HELP Just been told today that (and hopefully my wifes later) Cahoot Credit Card is Unenforceable and they will take it on. So why HELP, the Caims Companies cannot deal with people in Northern Ireland, just England &Wales. Phoned leading Solicitor and advised they do not deal with Unenforceable Credit Cards or Store Cards (same claims company advise my M&S Chargecard Agreement is Unenforceable), they are one of the foremost Solicitors in England that deal with Unenfoceable Agreements. Help, what do I do now, back against the wall, 2 unenforceable agreements and nowhere to turn to for help, help.
  7. HELP Just been told today that (and hopefully my wifes later) Cahoot Credit Card is Unenforceable and they will take it on. So why HELP, the Caims Companies cannot deal with people in Northern Ireland, just England &Wales. Phoned leading Solicitor and advised they do not deal with Unenforceable Credit Cards or Store Cards (same claims company advise my M&S Chargecard Agreement is Unenforceable), they are one of the foremost Solicitors in England that deal with Unenfoceable Agreements. Help, what do I do now, back against the wall, 2 unenforceable agreements and nowhere to turn to for help, help.
  8. I am no expert mate, but I too have a chargecard from M&S, I got it checked out and I was advised yesterday that it had a major breach and two infringements. I am waiting for the report, but pending this I believe this will make it unenforceable. The issue was around Interest/APR for cash advances (apparently you can get £50 emergency cash advances with this card: was news to me). You need to take advice mate, CCCS or CAB, chances are they are bluffing but you need to be brave to rely on that, and you need to be able to defend their action in court. This link might help; maybe even pm the guy. http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html Sorry I cannot help more, hopefully some one who knows more will help you.
  9. citocoms

    M&S Agreement

    Just got news today from a claims management company that there may be one major breach and two infringements of legislation; agreement unenforceable in my opinion if that is the case, awaiting details. That said a consumer solicitor I contacted today said M&SC Agreements are normally watertight so he would be surprised; time will tell.
  10. The original agreements I have were indeed two sided A4. I think the key is one page must be linked to the other; e.g. see T&Cs other side. A cancellation clause I believe only appies if there were antecedent negotiations, e.g. someone spoke to you in the shop about the agreement and then you yook it home to complete. I am no expert just read most of this stuff on here, this site is really appallingly badly set out for CCA 1974 Agreement issues. I am no internet novice but it confuses me, and I can hardly find anyone who who reports a CCA Agreement success. I suspect most people with a dodgy agreement as soon as they know or suspect this head off to a no win no fee Solictor specialising in this area. You can also get agreements checked for free, I am no dunce but I still reckon checking your own is a dangerous route to go down. Here is a link to a very useful and greatly informative thread to help people get their proper Agreement and to avoid the pitfalls that are all over this site (dodgy advice), and it is on this site: http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html
  11. Wow, what a consumer friendly service from the FO, they will make a ruling on an agreement while simplyoverlooking and ignoring the fact that it is UNENFORCEABLE. FO hang your head in shame. This is why financial institutions have brought this country down and put people like us into serious debt; a total lack of real regulation, just a sham for show. It is time consumers had proper rights to protect them from negligent, greedy organisations exploiting us.
  12. You need to join benefitsandwork, a small fee, but a vast array of information to help you. You need then to take the time and read it. google benefits and work
  13. I hope it helps Hopkinson, we now have to turn incredible interesting information into some legal clout, that is the hard bit I guess. I will let you know if the report I get says: Enforceable (Off to FO for last chance saloon then) Enforceable only by court order (Negotiating position to confront Cahoot) Unenforceable (Lets just hope for this result)
  14. Keith Better half Nov 2001 Mine Nov 2002 Again we have the original copy of the Nov. 2001 T&Cs
  15. I too will keep a close eye on this, I have sent my flexi loan agreement off to a Solicitor for consideration, they have submitted it to a specialist checker company, i will let you know what they say eventually and compare it to the Financial Omsbudsman. I have lots of issues including those mentioned here already, cancellation clause absent, pre signed by Cahoot but not binding until their final checks, APR calculated on an assumed £100, when actual limit much higher (and furthermore they can at their initiation and discretion increase the limit). Incorrect citing of variation in T&Cs ; refers in agreement to clause 7 General Conditions when in fact it is clause 8 General Conditions. They increased the minimum payment amount; there is no such clause in the agreement allowing the minimum payment amount to be increased. The Agreement gives Cahoot the right to increase the Flexible Loan Limit (which I think they did without my requesting this); unsustainable debt, proper checking of ability to repay issues. The Credit Limit not specifically stated. This is my wifes, my own suffers the same issues, apart from the wrong clause I think, but my agreement has no Data Protection/Use statement, which my ifes does. So I will continue to watch this thread with great interest and I will contribute also.
  16. Keith I have sent the agreement of to be checked by a claims company, via Solicitor, so I will hopefully let you in 2/3 weeks the outcome. I await with interest (probably 'compound' interest, lol). Failing this its down the FOS route, espeicially on the inflated interest hikes, but also the minimum repayment which they varied without any right under the terms of the agreement.
  17. Having looked at the legislation I feel it falls under the running-account agreement status, basically the same as a credit card. Legislation extract below: 10.—(1) For the purposes of this Act— (a) running-account credit is a facility under a personal credit agreement whereby the debtor is enabed to receive from time to time (whether in his own person, or by another person) from the creditor or a third party cash, goods and services (or any of them) to an amount or value such that, taking into account payments made by or to the credit of the debtor, the credit limit (if any) is not at any time exceeded; and (b) fixed-sum credit is any other facility under a personal credit agreement whereby the debtor is enabled to receive credit (whether in one amount or by instalments).
  18. Keith this is the bit that confuses me slightly. It has a clause telling you how to settle the agreement, but not specifically a cancellation clause. Above the signing box it states 'The Act also gives you a number of rights. You have a right to settle this agreement at any time by giving notice in writing and paying off all amounts payable uder the agreement.' Not quite a cancellation clause. The start of the document does include a link to a separate booklet of T&Cs, which we have original, which on a brief scan does not appear to include a specific cancellation clause. Their updated T&Cs contain a cooling off section, section 4. Is the cancellation clause a 'prescribed condition' which would make the agreement unenforceable, or enforceable by court order only? Also does the cancellation clause only apply if their was oral representation before the agreement?
  19. A general point or two of interest. I have a copy of the November 2001 Terms and Conditions Booklet that accompanied the 2 sided Agreement (much like the one posted on this thread). Point of interest one: The agreement like this one does not contain a Data Protection Clause giving right to process data. Question for Forum Members How signifcant is this? Does it mean Cahoot have no right to process your data? Point of interest two: The agreement refers under 'variations' to 'In calculating APR, we have ignored any changes to the interest rate, fees or other charges which we may introduce or vary under the general condition 7 of the cahoot account terms and conditions.' The actual clause in the T&Cs is clause 8; how significant is that mistake, does it make the agreement Unenforceable, or Enforceable only by a Court Order? Any other thoughts welcome.
  20. Keith surely it falls into the Running Account (Credit Card) Agreement category as it is a Flexible Loan, just like a credit card not a fixed repayments loan.
  21. citocoms

    M&S Agreement

    What does this mean? This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper. Where can I get, or when will, the next 'paper' be available, and from whom? Is it available now?
  22. citocoms

    M&S Agreement

    Thanks 42man, I will try to get it scanned somehow probably next week.
  23. citocoms

    M&S Agreement

    I have cca'ed for a chargecard M&S agreement. They have sent me back a copy of the signed 'Application'. It has a Credit Limit request tick boxes, I ticked £500, but not an actual Credit Limit on signature side of form or reverse side. It has terms and conditions on the non signature side. Do you know if these count under the '4 corner rule', i.e. terms and conditions on the other side of the form you sign on? The signature side is titled .... Application Form, underneath in smaller print, first box of signature side of form, it does state CCA ...., also the reverse side is headed CCA Regulated.... as the title. Your thoughts on enforceability would be appreciated.
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