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Everything posted by Sand-Dancer0191

  1. Sorry wrong letter..will post later In reply to fester....... Please ensure you quote Kleinwort Benson -v- Lincoln City Council & Others its gives case law for going beyond the 6 years
  2. cputr thread has been bookmarked as a very good ref:whoo:
  3. my personal view is this for what its worth phishing exercise :- these are generally the ones that fail....they are trying to avoid the debt. But the genuine ones use cca & sar because they know something is wrong ie.unlawful charges.ppi etc and want to reclaim them.They don't deny the debt BUT if something is genuinly amiss then yes go for it. It has taught the likes of welcome finance a big lesson. These people tend to hide behind the law but don't apply or abide by it when it dosn't suit them
  4. I was refering to this quote from DD... there is no other mechanism- including CPUTR in which a debtor can force the creditor to reveal the original agreement or be made to confirm/deny possession of the agreement- except in response /furtherence to legal proceedings Surely the case law in the sar IS the mechanism required (post 39)
  5. Wow bril ref shadow...I'll bookmark that one
  6. Oddly ....a signature is not a prescribed term of a valid D/N
  7. What is dodgy about the agreement What is dodgy about the D/N Why do you want to take THEM to court
  8. Have a read of this post for some good info http://www.consumeractiongroup.co.uk/forum/showthread.php?159445
  9. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007) So where does this fit in on the sar letter.....OR does it not count for a cca request
  10. I second that silverfox Claims for mis-selling come under the exclusions for: "mistakes, concealment and fraud" s.32 limitation act 1980.
  11. On your T&C's it should state what country laws the agreement is covered by. May be better to tranfer post to legal!!!!!
  12. Try this.. http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter
  13. http://www.consumeractiongroup.co.uk/forum/content.php?605-Credit-Store-Card-Letter-Template
  14. Is there such a thing as an Uninforceable Credit Agreement with cards held before 2007? How do I go about getting my PPI back - or should I persevere with the company already handling this? On the first point above.....YES but it depends on ""the agreement"" IF it is compliant then no (see notes belos) On point 2 on reciepy of the sar..add up the charges plus interest and reclaim (read other posts first for more info) BE AWARE a Co dealing on your behalf WILL charge a handling fee...... Quote from this site IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974) PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations (If you just want to find out, skip the bits in between the stars it’s just some extra information) **What do we mean by unenforceable? In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information. Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable. How doesunenforceable differ from enforceable with a court order only? When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable. When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.** The Pescribed Terms are these A Amount of credit A term stating the amount of credit B Repayments A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following- (a) Number of repayments; (b) Amount of repayments; © Frequency and timing of repayments; (d) Dates of repayments; (e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable. C Rate of interest A term stating the rate of interest to be applied to the credit issued under the agreement D Credit limitThis may be a term or the manner in which it will be determined or that there is no credit limit. -------------------------- Which of these applies to you depends on the type of agreement you have? For a Running Account (credit card) agreement BC and D Apply For a Restricted Use Debtor Creditor Supplier Where the dealer is the supplier and the creditor is the one providing the finance. The money can only be used for the purpose it is given. There is no interest on the purchase (the cash price is the same as the total price) And there is no advance payment A is applicable For a fixed Sum Credit Agreement A conventional credit agreement with none of the above restrictions A and B apply For a Hire Agreement B is Applicable
  15. Sections 77, 78 and 79 of the Consumer Credit Act 1974 give you the right to request a copy of the executed credit agreement for your account from the creditor. The creditor is either the original creditor (for example, the credit card company) or a company to whom the agreement has been assigned. Section 77 applies to regulated fixed sum loans (e.g. bank loans), Section 78 applies to regulated running account credit (e.g. credit cards), and Section 79 applies to regulated consumer hire agreements (e.g. hire purchase agreements) In all cases, if you request a copy of your agreement and quote the relevant section of the Consumer Credit Act, the creditor must comply within 12 days. If no money is owing (and no money is to become owing) the creditor does not need to comply. They also need not comply if you have made a similar request in the previous month. If the creditor fails to comply with the prescribed period (12 days), then they may not take any enforcement action until they do comply. For agreements signed before 2006, if they fail to respond within a further calendar month, then they commit an offence (Note - not a criminal offence). Enforcement actions include: - Requesting or demanding payment - Sending you a default notice - Giving information relating to the account to any third party, particularly credit reference agencies - Passing the account to a debt collection Agency or assigning it to a Debt Purchaser. As noted above, the creditor must send a copy of your agreement on request under one of these 3 sections of the Consumer Credit Act.
  16. IF its on the agreement that you signed then YES.... but if its in the T&C's with NO reference to it then NO.
  17. No time limit for PPI claims Claims for mis-selling come under the exclusions for: "mistakes, concealment and fraud" s.32 limitation act 1980.
  18. ""My understanding is because they have not replied to my earlier requests for proof of credit agreements etc, that this "debt" is unenforceable after this time period?"" this part is not strictly true. .The debt IS in dispute for non compliance and it may well be unenforceable depending on what CitizenB said about a D/N. But as dx100uk also said...get the info and reclaim the charges
  19. First chill out a bit....these problems won't be solved overnight.If you are being harrassed then send the letter found in the library about harrassment. The oft have clear rules on this. Now lets break this down Point 1.......ignore the s/b debts.Let the dca prove otherwise Point 2.......Defaults are for missed payments Point 3........It looks like WF have sold the debt on....SAR the dca for the info and proof that they can ask for this debt. Point 4........NOT sure on this one...NEED advice from a more experienced cagger!!! Final para....Dca's may well read these posts...BUT advise is what you get about dealing with these problems. NOT how or when you should pay....That is for you to decied only
  20. When in 2005 was the settlement made...date is important here The annual statement is not valid either... since Oct 2008 the creditor must provide a yearly statement and also regular Notice of Arrears (six monthly) without which they are not entitled to enforce any debt, and lose the right to claim any arrears that may have become due during the period of non-compliance.
  21. http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt This letter should be sent to dca....Let them prove the debt Also send letter to each dca requiring written contact only (letter in library)
  22. to quote the shadow You imo need to do a CPR18 letter which basically demands to know the cicumstances of this "credit advanced" including a) The type of credit.. was this a loan or credit card? b) Was this "credit advanced" covered under the CCA1974 c) Was this "credit advanced" covered by a written agreement d) Do they have in their possession such an agreement? I see no mention repayment or interest nor t&c's covering this account...Do they have them?? PLUS b,c &d above
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