Does anyone know a good publisher? Pete

What a good idea! Pete

What exactly is a weridos? Pete

I must admit I was thinking more along the lines of a "lets see how drunk we can get by midnight" sort of party!! Pete

Not that I'm tryinge to coerce an invite of course!! Pete

Really? Room for one more? Pete

No problem Pete

Ethically you need to write to them first and tell them that you have accepted the sum in partial settlement only but in reality it shouldn't make any difference. Pete

Just write to them and say that you do not accept the offer and that you will only accept full repayment of your claim. If they credit your account then you can either accept it as part settlement or tell them to debit it back from the account. Pete

Don't buy a Sony VAIO whatever you do. I've seen better put together Etch-a-Sketch's Pete

I won't mention that a couple of weeks ago I got given, free and gratis an eight months old, fully working Sony VAIO then... Pete

So, what happened? Pete

Also according to the DTI timetable: This seems to be doublespeak to a certain extent as CCA 1974 (127) (3) and (4) state that the court shall not make an enforcement order if the agreement was not properly executed whereas CCA 1974(127)(5) states: and seems to imply that a court shall not make an enforcement order if the agreement is not properly executed, i.e. in the 1974 act (3) and (5) were mutually exclusive (under CCA 1974 (127)(5)the court could enforce even if (3) was breached) and under the 2006 amendment this enforceability power is removed totally. CCA 1974 (127)(1) and (2) remain as reasonable safeguards also. This is good, isn't it?? Pete

Merry Christmas everyone!!! Pete

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I can't find it at the moment but there is a test in law about whether you should have realised that you received a sum of money in error; in some cases you have to pay it back but in others you don't and it depends on the "test". But this wasn't a deposit "in error" anyway - the creditor is claiming they gave you a loan that you asked for so if they cannot produce the agreement and you could reasonably argue that you wouldn't have noticed the money going into your account then you could possibly keep it anyway - very grey area I think. Pete

If the "lender" has not provided a copy of the agreement, and the 12 day time limit has passed then they are in default and any alleged agreement is unenforceable. You are within your rights to: a) cease any and all payments b) demand repayment of all monies that you have paid to the "creditor" + interest within 14 days c) complain the the FSA and Trading Standards about the lack of compliance with your CCA Section 77 request If they don't confirm to you that no agreement exists and they don't refund your money + interest then commence a claim process by sending them a Letter Before Action giving them 14 days to respond positively. If they still don't play ball then issue an N1 via your local county court for repayment. Pete

I can see you!!

They may well try to pass it to a DCA...... but what are they going to pass on? If they couldn't send me the original agreement then q.e.d. there is no agreement and therefore nothing to pass to a DCA. Any DCA that is silly enough to buy the debt will be speedily told that they need to produce the appropriate paperwork. Pete

What PM's?????

Pete

I thought so! Pete

Please don't misinterpret my comments anyone, I'm not in any way defending the lenders or their tactics. I am only pointing out that the law allows them to send an unsigned "generic" copy in response to your S77/78 request in order to comply. This is completely seperate to the enforceability or otherwise of the agreement. My view is that if the lender sends me a "generic" document then they don't have the original signed copy. I have written to all bar one of my CC companies telling them that IMO there is no agreement and I'm not paying them any more. As an aside one of my major "alleged creditors" that is in "criminal default" has now written to me stating: "Your current balance is scheduled to be written off as bad debt imminently" Pete

LOL!!! Pete