Is it open for an individual to complain via one of the other terms, e.g. under Regulation 5 which rules that a term in the contract can be deemed unfair if it was not drawn individually between the company and the given customer, where there is a significant imbalance against the customer? It's a pity the OFT have decided against making a further general claim themselves. Are there template letters available for this, or will there be? Grateful for any (further) advice. I have seen the www.moneysavingexpert.co.uk written by Martin Lewis. He has employed a barrister to consider a way forward to bank charges and first indications are the CCA 1974 where it is on the onus of the bank to prove the charges are fair.

On another note go to www.youtube.com and type in "Bankaid". This is a classic act and you must see it. On a more serious note, you are correct to advise all calls to be logged where banks are concerned.

Nice meal Christmas Eve;)

"Failure by a lender to observe strictly, the intricate requirements of the Act can lead to a loan being completely unenforceable with no right of restitution or other form of relief" - Lord Justice Clarke, 2002

Yes, they would need a court order to re possess a car but if a section 77/78 has not been complied with , a court knowing this could not issue one, section 127 precludes them from doing this. But if they did lift the car, then they would find themselves paying compensation. It could even be theft.

The CCA 1974 rules all loans regardless of who the lender is, that is loans originally under £25000. You said Welcome Finance said "your loan is not covered by the CCA as it was for Financial Institutions only". This is not true. They have to abide by the rulles as well. After 30 days, they cannot enforce the loan anyway. The agreement should have all the prescribed terms in it and the s77 request means all documents connected with the agreements also.

Any agreement under the CCA 1974 is regulated and it makes no difference who the lender is

"Failure by a lender to observe strictly, the intricate requirements of the Act can lead to a loan being completely unenforceable with no right of restitution or other form of relief" - Lord Justice Clarke, 2002

The amendments were debated in 2006 and came into force in 2007. I leant most of this from some guys in Newcastle, they are all into loan removal.

It is 30 days , just that the offence has been removed which is why the lenders are dragging their heals. Also, as lenders now are wise to the fact that most loans before April 2007 are unenforceable, they are fighting some agreements in court and a "litigant in person" is more likely to lose against solicitors and barristers act for the lender. This is where companies like Ratio come in. They take out AFIs which the solicitors pay so there is nothing more to pay by the client. This all takes from 7 months due to the lender. The client gets a refund after 60 days if the loan is enforceable and if the agreement is gotten quickly

It is 30 DAYS after which the loan is unenforceable. When the lender is issued with a section 77/78, they have to provide not just a copy of the loan agreement but it must be legible, if you cant read it then it is not valid. They must also send any document which refers to the loan, when the payments are due, what has been paid, what the balance is and all the statements. The loan must comply with the prescribed terms in section 60 and 61. If they dont, then a court cannot enforce the loan. If the lender enters a negative entry on a CRA database whilst they are in default of a 77/78, they commit an offence.

If the lender does not comply with a section 77/78 within 12 days, after 30 days, the loan IS unenforceable. They are not able to go to court over it as a court cannot enforce the loan either. While the loan is in dispute, and while the section 77/78 has not been complied with, if the lender puts a negative entry onto a Credit Reference Agency, they commit an offence. The lender is in default 77/78 so the lender cannot register a default or send notices.

I have this piece of information saved to My Documents and a case picked out to explain it

Don't forget the statutory interest which is allowable on the amounts owing. As there was an overdraft, then the amount of the charges has a bearing on the overdraft interest charged. There is also a connection to the amount of interest on the loan which paid for the overdraft. Lloyds... send everything by recorded delivery, track it on the Royal Mail site and save the page to your documents,, They will swear blind they never received it!

Good set of people on here and lots of information. you will get on better as you go along.

Ther only problem with the FOS is they take about 6 months to even look at it.

I have a problem with Lloyds and am trying to find out who enforces the CCA1974 as they have been issued with a 77/78 on May 19 by recorded delivery and signed for. I have complained to the OFT but they don't want to know.

"What I am saying IS NOT derogetory to you..." is what the first line of the last post should say. Sorry for the error.

What I am saying is derogetory to you. What I mean is, to start, we are in the "construction/ heavy trades" joinery and fit. The range of work is for two types of customer, 1. Residential 2. Commercial. The commercial is divided into a. small builder b. large conglomerate and C. other type (non-trade). Terms and conditions: where it states payment terms and dispute resolution (for smaller customers) say 14 or 30 days as the case may be and the large £200m turnover company on 30 days and JCT. We battle with the Construction Act in the trade and residentials who, for the minor part, just announce problems after they get the bill or reminder with no truth about it. "If you don't raise a dispute more than 5 days before the bill falls due you have to pay it anyway." and "Under English law, we are allowed to be given reasonable time to investigate alleged defects and where they exist, be allowed to rectify those defects if they are found to be our fault. Otherwise we shall not be responsible for the cost of others to rectify alleged defects" That said, it is very easy to get into as situation of "he said she said..." In the construction industry, legal proffesionals fall down because many parts of the industry work in a very different way and even when in court, an ordinary judge can't understand the issues. This is why we have TCCs with TCC judges who are specialist in the field, whence even a debt collector needs support in the earlier stages to collecting a debt. I hope I have expanded the subject sufficiently but to say the construction industry is like no other.

We have laws to protect us but who enforces some of our laws? The CCA 1974 fo instance.

Hi Misty blaze. I don't know what industry you are in but our industry is much different. We have a sinario where there is nothing wrong with it until you give them the bill and it all kicks off from there.

Just to mention, have you heard of "the Goldsmiths tale" on youtube. YouTube - Money As Debt (1 of 5) It is in 5 parts but the man who wrote this series can be researched and it is called the "fractional reserve system" and it is taught in the London School of Economics. one hour's thought provoking watching!

(4) If the creditor under an agreement fails to comply with subsection (1)— (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence. (b) has been struck out/repealed but is this part of 77 and not 78? Either way the lender cannot enforce the agrement if he does not comply with the 77/78 request. Unfortunately, lenders drag their heals in complying to the request as the offence has been removed because they know what is going on. My real question is who enforces the CCA 1974?

Hey, I wish there was an easy way to collect a debt but I haven't found one yet. We have around £27000 in bad debts and I find there is no honesty any more where money is concerned. The law doesn't help either. It seems geared to people who have deep pockets and just won't pay up.