Jump to content

Sand-Dancer0191

Registered Users

Change your profile picture
  • Posts

    317
  • Joined

  • Last visited

Everything posted by Sand-Dancer0191

  1. ""Don't forget I am suing them for something else.""....I did Thought you were in the same boat as rusty22.s post....to which my comments were mainly aimed at.
  2. I agree jsa12...as proved by the fsa and bank charges / manchester cases etc.etc.
  3. try this link to a post from PT2537 http://www.consumeractiongroup.co.uk/forum/showthread.php?173201 This may be what you need
  4. click on main forums at top left of page....scroll down..welcome forum is near the bottom. OR click on triangle in corner of thread/post and ask site team if they can move post.
  5. Sorry for the reply basa48 but I had to point it out...They can simply confirm you had an agreement by producing payment records/statements etc.etc
  6. Guidance on sections 77, 78 and 79 of the Consumer Credit Act 1974 – the duty to give information to debtors and the consequences of non-compliance on the enforceability of the agreement 1.1 This guidance note, published pursuant to Section 4 of the Consumer Credit Act 1974 (the Act), provides guidance to businesses in relation to their duties (under regulated consumer credit and consumer hire agreements) to give debtors and hirers copy documents and statements of account on request under Sections 77(1), 78(1) and 79(1) of the Act. 1 The Act refers to the duty of the creditor and owner under these sections as being one to give information and this guidance will refer to requests made under these sections as 'information requests'. 1.2 The sanction under the Act for non-compliance with an information request is unenforceability of the credit or hire agreement for so long as the creditor or owner fails to comply with his duty. 2 Where there is such a failure, the courts have no discretion to allow enforcement. PS PLZ mt your inbox ....incomming
  7. As basa48 says THEY must provide the original if they proceed to court....without it they dont have a leg to stand on BUT and this is important IF you take them to court the recon is valid and you loose full stop.. So until they provide the original copy unenforceable...now the ball is in you court,ie token payments/no payments full and final offer etc
  8. You have a legal right to SAR on any info on any account that anyone has on you. Yes SAR asap to start the ball rolling Now this is the start of your dispute.... 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. BUT I can't for the hell of it remember where I copied this from...
  9. Cancel/Terminate/End...all mean the same thing. Likewise, they can also Terminate by doing something that is not in keeping with there being a live Agreement.
  10. Yes ........................thats welcome at their best
  11. Further info to read... Even if an agreement does not exist or is flawed, it makes the agreement ‘unenforceable’, which means that the debt cannot normally be enforced in a court of law where the creditor might try to get a CCJ against you, probably with a view to securing the debt against your property through a Charging Order. The debt still exists and you expect that the creditor would still chase you for it. If you fail to make and uphold a repayment arrangement, then the creditor will typically engage a debt collection agency to chase you and also register damaging data against you on your credit file. The legal position is that the debt still exists and the only way that it can be ‘written off’ is if you make some agreement with the creditor to make a full and final settlement on the account. If the debt is unenforceable, then you are obviously in a strong position to negotiate a significant reduction in settlement. In this case, you should always make sure that any unlawful charges (and interest on them) added on to the account are removed from the balance before you start negotiating, as they are your money and not owed to the creditor. You can also request that any default be removed from your credit file as part of the settlement. Firms often pretend that they are legally bound to keep defaults on record, but this is completely untrue and they have discretion to remove them, as they have no statutory right to file defaults anyway. **copied from this site**
  12. As dx100uk said We don't do get outs. therefor read this blog Debt Threats - a quick self help guide by Undercover-Elsa on 22nd November 2010 at 17:18 (1053 Views) Ok so you’ve Googled “debt help” and found your way here. Welcome to CAG! Most people come to C.A.G. for help because they are being bullied and threatened by Banks or Debt Collectors and feel they have nowhere to turn. They come wandering onto CAG like lost souls, after sleepless nights, feeling frightened, worried and sometimes in despair. The sad fact is that these companies rely on the average person’s lack of knowledge of their legal rights to bend the law and frighten them into paying, regardless of their circumstances, whether they can afford it or whether they have a legal right to do so. This is where CAG can help, and you will get a non judgemental welcome and support in sorting out your problems and redressing the balance against these sometimes unscrupulous, most times uncaring companies. We find we are writing the same main points repeatedly in the debt forums, so this blog is a quick “get you started” guide. THE GOLDEN RULES NEVER SPEAK WITH THEM ON THE PHONE. You will lay yourself open to being bullied and deceived into thinking they can do all manner of dreadful things, which they would never dare put in writing. Additionally, for legal reasons and your records you need to have everything in writing. If they catch you out, refuse to go through the security questions and tell them “from now on everything must be in writing”. Then hang up. If the phone calls become a nuisance, send them the TELEPHONE HARRASSMENT letter. Many phone companies operate a choose to refuse type service to block unwelcome calls, costing around £5 per month. There are also excellent call minders such as truecall, a small unit which sits between your phone socket and phone. It allows you to designate "starred" callers eg friends and family, and to block or zap unwanted callers. It also features a recording device if you buy the full version. If you find yourself in the unfortunate position of having to speak to a creditor on the phone, *always* record the conversation so that their threats can be proved and their promises cannot be broken. DO NOT SIGN OR ADMIT ANYTHING When communicating with these companies, get into the habit of referring to the debt as “the above account”, not MY account. Print your name by hand or use an anti tamper signature strip. DO NOT LET THEM INTO YOUR HOME “Doorstep callers” have NO RIGHT OF ENTRY. They have no rights whatsoever and cannot come in or take your possessions. They may tell you they can. They cannot. They may threaten to send Bailiffs. They cannot send bailiffs UNLESS you already have a County Court Judgement which you have failed to pay. If you are threatened with a “Doorstep Visit” don’t worry, they rarely turn up, it’s just another way of frightening you into paying. Send them THE DOORSTEP VISIT LETTER. If they do (rarely) turn up, simply tell them to leave your property, then close the door and walk away. They HAVE to go, otherwise you can report them to the Police (not 999 though – ring the local station) MAKE THEM PROVE THEY HAVE A LEGAL RIGHT TO COLLECT THE DEBT Send a “CCA Request” (for a copy of the Consumer Credit Agreement) using the CCA REQUEST LETTER. Make sure you alter the section number (77 for fixed term loans / 78 for running account credit eg credit cards). Do not sign it, print your name and send by Recorded Delivery, saving the receipt. They have 12 + 2 working days to respond. If they fail do do so they cannot enforce the debt until they do. If they continue to harass you while in default of your request (after the required period) then send them theACCOUNT IN DISPUTE LETTER. MAKE THEM PROVE THEY ARE DEMANDING THE CORRECT AMOUNT If you dispute the amount and feel that unfair charges or mis-sold Payment Protection Insurance has been added, send them a SUBJECT ACCESS REQUEST LETTER. Again, hand print, don’t sign, enclose a PO for £10 and send recorded. They have 40 days from receipt to comply. The charges / PPI can be claimed back + interest. MAKE THEM PROVE IT’S YOUR DEBT If you are unaware of the debt being claimed, ignore the first couple of letters, as it may just be a “fishing trip”. If they become more persistant, send them the PROVE IT LETTER. We get many people on here being pursued for debts which aren't even theirs, but human nature being what it is, the average person tends to assume that an authoritive letter MUST be right. They may even pay up when it's not their debt, thinking it must be something they've forgotten about. ....WRONG!! In other scenarios, Debt Collectors may wrongly ASSUME you are the debtor they seek, via bad tracing practice eg chasing someone with a similar name. The onus is on THEM to prove it's your debt. It's not your responsibility to prove it isn't. Never give them any personal information whatsoever in an attempt to prove who you are. They WILL misuse it. Always make them prove it's your debt...if they can. MAKE SURE IT’S NOT STATUTE BARRED If you have not made a payment or acknowledged a debt for 6 years (5 in Scotland) then it becomes Statute Barred and cannot be collected. Send them the STATUTE BARRED LETTER. For Scotland, send THIS. Note that even if you inadvertently make a payment AFTER 6 years is up, don’t worry, it remains Statute Barred. If they continue to harass you report them to the Office of Fair Trading. That should be enough to get you started! Start your own thread in the appropriate forum, eg Debt Collection if you dispute your debts or are being harassed by Debt Collectors, Legal Issues if Court Action has been started or Debt Management if you accept the debt and want help in arranging payment plans or full and final settlements. Remember this is a self help forum populated by volunteers who have been in similar circumstances as yourself. Whether you take the advice given (which may vary) is your own decision and responsibility. Do your own research on here and always get professional help if necessary. Arm yourself with knowledge and you will begin to feel confident and in control again. Finally, never be afraid to ask if there’s anything you don’t understand. YOU need to know what you are doing and why you’re doing it, so you can take control and begin to see the way forward. And keep your chin up, you’re among friends now! Elsa x Footnote: For the avoidance of doubt this blog is NOT about the avoidance of debt. It is about ensuring that consumers are not hoodwinked or harassed into paying more than they can afford, or debts they do not legally owe. No one on earth will ever convince me that owing someone money due to unforeseen changes of circumstance gives anyone the right to harass the debtor to the point of sleepness nights, to being afraid to answer the phone or door, to terror at the threat of homelessness, or to illness, despair and even suicide. Hopefully now you’ve found CAG you’ll take the first steps in learning how to regain your confidence and, armed with your new knowledge, ensure that you are treated fairly and in accordance with the law.
  13. SAR welcome (cost £10) for all info on this account.Check for ppi and charges and claim them back.
  14. The Termination is key, because it means they cannot then fix the defective Default Notice, as by then there is no longer a live Agreement capable of having a Default Notice issued upon it. Termination just means the ending of the Agreement, so can take a variety of forms. ???? will probably send a letter, assuming they have not done so already (search your home for that letter if you think they have already sent it), and the letter will say the Agreement is cancelled. Cancel/Terminate/End...all mean the same thing. Likewise, they can also Terminate by doing something that is not in keeping with there being a live Agreement. For example, if you had a Balance of £10k and had £500 of Arrears, then if they demand the full £10k Balance rather than just Arrears, then that is Termination. It is a clear signal that they regard the Agreement has ended, because the demand for the whole Balance shows they no longer regard you as having the Agreement benefit of being able to pay off the Balance stretching out into the future. This is important because s87/88 of The Consumer Credit Act 1974 sets out what a Creditor must do if they wish to Terminate a Regulated Agreement when the Consumer is in default of that Agreement (i.e. in Arrears or has done, or not done something the Agreement required). Read s87 and s88, and you will see what a Default Notice means, and why a Creditor must have a valid one before Termination if they wish to enjoy the benefits of s87...those being the right to take the next step, Terminate and/or demand early repayment of a sum only otherwise due in the future. If they fail to do the Default Notice and Termination stages correctly, then they blow their right to enjoy s87. That then limits them to claiming only what was actually due before Termination, such as the Arrears. Even then, the Arrears are only due if they have an original properly executed Regulated Credit Agreement. No Agreement, then even the Arrears cannot be claimed. You still have the D/N's I hope:whoo:
  15. Quote:-I then got another saying this is a letter confirming the termination of your personal loan agreement with Santander and the balance will either passed on or sold to a debt collection agency for recovery. Q.If this account has been terminated by the creditor..HOW can wescotts be collecting on behalf of their clients??? The "clients have terminated"
  16. I would say the D/N is dodgy as no date is stipulated..need to see the doc properly to comment further. scroll down the main page and select sub-forums..There is a forum on welcome finance which has a shedload of info. Like this....... The requirement for a valid Default Notice to lawfully Terminate an Account whilst in default 1. Notwithstanding the matters pleaded above, the Claimant must under Section 87(1) of the Consumer Credit Act 1974 serve a valid Default Notice before they can demand early payment of sums not yet due under a Regulated Credit Agreement. 2. Under the Interpretation Act 1978 Section 7, it states: Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post." 2. Practice Direction Service of Documents - First and Second Class Mail. With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore. 1). Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post. 2). To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:- (a) in the case of first class mail, on the second working day after posting; (b) in the case of second class mail, on the fourth working day after posting. "Working days" are Monday to Friday, excluding any bank holiday. 3). Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used. 4). This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process. 8th March 1985 J R BICKFORD SMITH Senior Master Queen's Bench Division 3. Further to point 2 above, CPR rules on service also state the required timescales to be given for serving of documents :- Under CPR 6.26 First class post (or other service which provides for delivery on the next business day) is deemed to be “served” The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day. 4. The Default notice supplied by the Claimant is dated Friday 3rd August, to allow service in line with the statutory requirements mentioned in points 2 & 3 above, 2 working days were required to allow for 1st Class postage. Thus the Rectify date should be 14 calendar days from Wednesday 8th August, namely Wednesday 22nd August 2007, not the 14 calendar days from the date of the letter as stated in the Default notice which would have been 17th August. 5. I therefore put the Claimant to strict proof that any Default Notice sent to me was valid and allowed the statutory 14 clear days to rectify the breach. I also note that to be valid, a Default Notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237). 6. The failure of a Default Notice to be accurate not only invalidates the Default Notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119. 7. It is submitted that the above Default Notice served s87(1) Consumer Credit Act 1974 failed to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561). 8. For a Creditor to be entitled to terminate a regulated Credit Agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the Agreement, a creditor must serve a Default Notice under section 87(1) of the Consumer Credit Act 1974 which states: Section 87. Need for Default Notice (1) Service of a notice on the Debtor or hirer in accordance with section 88 (a "Default Notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the Debtor or hirer of a regulated Agreement - (a) to terminate the Agreement, or (b) to demand earlier payment of any sum, or © to recover possession of any goods or land, or (d) to treat any right conferred on the Debtor or hirer by the Agreement as terminated, restricted or deferred, or (e) to enforce any security. 9. The Act also sets out via Section 88(1), that the Default Notice must be in the prescribed form, as below: Section 88. Contents and effect of Default Notice (1) The Default Notice must be in the prescribed form… 10. The wording must make it clear that no variation is acceptable. Therefore it cannot be dispensed with as a De Minimus issue. 11. I note that the regulations do not allow any variation in the form of these statements and therefore it is suggested that where the statements are not as laid down in the regulations the Default Notice is rendered invalid as a consequence. 12. In the case of Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339 in the Court of Appeal, the Court addressed in some detail the issue of the contents of a Default Notice and should the notice fail to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) it would render the Default Notice invalid I quote the comment of KENNEDY LJ: "This statute was plainly enacted to protect consumers, most of whom are likely to be individuals" the judgment appears to confirm the consumer credit legislation made under the Consumer Credit Act 1974 as plainly enacted and set out to offer protection to the consumer. Therefore it is suggested that the failure of the Claimant to set out the Default Notice in accordance with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) could unduly prejudice me as it failed to allow the required time to remedy the alleged default. 13. The Claimant’s failure to issue a valid Default Notice must surely prevent a right of action and would make any termination of the Agreement unlawful, as statute provides the procedure that must be followed. Since the Claimant has failed to adhere to statutory procedure it is averred that the Claimant does not have a right of action, and can never now have a right of action having terminated the Agreement unlawfully. 14. Furthermore, the Arrears Total outlined cannot be accurate, as the Balance on the Account was at least partly comprised of Unlawful Charges plus additional Charges and interest added unlawfully whilst the Account was in Dispute. Therefore, the Arrears claimed cannot be accurate, as they are themselves calculated using a Total that was itself inaccurate. 15. This is at all times an Agreement Regulated by the Consumer Credit Act 1974. There is no provision in the Act that allows a large financial institution to terminate an Agreement that is in alleged default or breach simply by giving notice to the Consumer. Section 98(6) makes that quite clear. The Creditor must follow the steps outlined in Section 87 and Section 88 if they are to lawfully Default and Terminate, and enjoy the benefits of Section 87. 16. Finally, an invalid Default Notice cannot be remedied by simply issuing a new Default Notice. The Claimant may not serve a second effective default notice in prescribed form post-termination of the agreement. Any such second default notice will necessarily state a date by when I would be required to comply after which in default the agreement would terminate. The second default notice would therefore contain the fiction that the agreement endured when that cannot be the case, as it was terminated on XX/XX/XX. Terminating an Agreement on the back of a defective Default Notice, simply confirms the undeniable truth that Termination of the agreement by the Claimant was carried out in circumstances which then prohibited them from enjoying the benefits of Section 87, namely the opportunity to seek early Payment of a sum that was, prior to Termination, only payable in the future.
  17. Just send a letter requesting the DOA from each party...Also further to my last post Ive dug this out of my bookmarks..(copied from this site somewhere) Incidentally Assignments - The Notice of Assignment Provisions basically say that for an Assignment to be valid notice of it must be served by the assignor on the debtor - s136 Law of Property Act 1925. The important thing to remember is that you can still ask to be provided with a copy of the original assignment XXXXXXXXXXXX Re: Notice of Assignment - both parties? Quote: Originally Posted by I've got no money The Notice of Assignment - the LPA 1925 requires that for an Assignment to be be effective Notice must be given in writing by the Assignor to the debtor. The act doesn't specify when ALTHOUGH the agreement may do - some Consumer Credit Agreements require the Notice to be given within a set period of the Assignment. What is important to remember is that if a creditor alleges an Assignment has taken place you want to see the actual assignment - not just the notice. quite , the case of W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169 did set out however that the date of assignment must be correctly stated or the assignment is ineffectual in law so there are constraint upon the accuracy of the document also the figure must be correct or the assignment is again ineffectual
  18. Also send this letter.. Dear Sir or Madam, Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks and these have been duly logged by time and date. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Yours faithfully,
  19. Quote: I should outline the salient provisions of the Consumer Credit Act 1974. Subject to exemptions, a regulated agreement is an agreement between an individual debtor and another person by which the latter provides the former with a cash loan or other financial accommodation not exceeding a specified amount. Currently the amount is £25,000. Section 61(1) sets out conditions which must be satisfied if a regulated agreement is to be treated as properly executed. One of these conditions, in paragraph (a), is that the agreement must be in a prescribed form containing all the prescribed terms. The prescribed terms are the amount of the credit or the credit limit, rate of interest (in some cases), how the borrower is to discharge his obligations, and any power the creditor may have to vary what is payable: Consumer Credit (Agreements) Regulations 1983, Schedule 6. The consequence of improper execution is that the agreement is not enforceable against the debtor save by an order of the court: section 65(1). Section 127(1) provides what is to happen on an application for an enforcement order under section 65. The court "shall dismiss" the application if, but only if, the court considers it just to do so having regard to the prejudice caused to any person by the contravention in question and the degree of culpability for it. The court may reduce the amount payable by the debtor so as to compensate him for prejudice suffered as a result of the contravention, or impose conditions, or suspend the operation of any term of the order or make consequential changes in the agreement or security. 29 The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), [2004] 1 AC 816 Page 834 regarding signing of agreements, is not complied with. In such cases the court "shall not make" an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127 (3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and 63, section 127(4) precludes the court from making an enforcement order. 30 These restrictions on enforcement of a regulated agreement cannot be sidestepped by recourse to a pledge or other form of security furnished in support of the debtor's obligations under the agreement. The security is not enforceable to a greater extent than the loan: section 113. Where an application for an enforcement order is dismissed, except on technical grounds only, or the court makes a declaration under section 142 that the agreement is not enforceable, any security provided in relation to a regulated agreement "shall be treated as never having effect": section 106(a). Property lodged with the creditor by way of security has to be returned by him "forthwith". i think the judgment of Lord Nicholls of Birkenhead in Wilson v First County Trust Ltd (No 2) - [2004] 1 AC 816 above sets out the requirements of what is needed before a court can issue an enforcement order Your application form WILL NOT comply with this and is therefor unenforceable
  20. Many forms and applications etc have a box which you MUST tick...to be excluded from mailing lists.
  21. read this.... Quote: I should outline the salient provisions of the Consumer Credit Act 1974. Subject to exemptions, a regulated agreement is an agreement between an individual debtor and another person by which the latter provides the former with a cash loan or other financial accommodation not exceeding a specified amount. Currently the amount is £25,000. Section 61(1) sets out conditions which must be satisfied if a regulated agreement is to be treated as properly executed. One of these conditions, in paragraph (a), is that the agreement must be in a prescribed form containing all the prescribed terms. The prescribed terms are the amount of the credit or the credit limit, rate of interest (in some cases), how the borrower is to discharge his obligations, and any power the creditor may have to vary what is payable: Consumer Credit (Agreements) Regulations 1983, Schedule 6. The consequence of improper execution is that the agreement is not enforceable against the debtor save by an order of the court: section 65(1). Section 127(1) provides what is to happen on an application for an enforcement order under section 65. The court "shall dismiss" the application if, but only if, the court considers it just to do so having regard to the prejudice caused to any person by the contravention in question and the degree of culpability for it. The court may reduce the amount payable by the debtor so as to compensate him for prejudice suffered as a result of the contravention, or impose conditions, or suspend the operation of any term of the order or make consequential changes in the agreement or security. 29 The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), [2004] 1 AC 816 Page 834 regarding signing of agreements, is not complied with. In such cases the court "shall not make" an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127 (3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and 63, section 127(4) precludes the court from making an enforcement order. 30 These restrictions on enforcement of a regulated agreement cannot be sidestepped by recourse to a pledge or other form of security furnished in support of the debtor's obligations under the agreement. The security is not enforceable to a greater extent than the loan: section 113. Where an application for an enforcement order is dismissed, except on technical grounds only, or the court makes a declaration under section 142 that the agreement is not enforceable, any security provided in relation to a regulated agreement "shall be treated as never having effect": section 106(a). Property lodged with the creditor by way of security has to be returned by him "forthwith". i think the judgment of Lord Nicholls of Birkenhead in Wilson v First County Trust Ltd (No 2) - [2004] 1 AC 816 above sets out the requirements of what is needed before a court can issue an enforcement order STILL your choice
  22. same answer as phg7447............Signature is not a requirement of that lawful request.
  23. Request a deed of asignment from Lloyds with final balance. Also request the same from wescott with a copy of the original agreement (due to the ammount of scams about you require definate proof they hold the account)MAKE sure both figures match.
  24. SORRY about link...This was posted by alanalana Documents in Court - Civil Evidence Act 1995 Hello all, I have been trying to feed information on the Civil Evidence Act to as many forums as possible as it is I feel important when it comes to CCAs and other documents being produced in Court. I have decided to start a new thread where this may help and to stop it dissappearing into the middle of other threads. The information is on CAG in various places but best to have it available to all. Hello all, This may be useful if have to proceed to court and a COPY of the CCA is going to be produced. Here are two links to the Act Results within legislation - Statute Law Database Civil Evidence Act 1995 (c. 38-) There is also information in Draft Order for Directions Draft order for directions - including directions for disclosure The general gist is as follows para e onwards is the legal requirement: For claims or defences based on agreements regulated by the Consumer Credit Act 1974 if no enforceable copy of the agreement has been sent: a) a copy of the executed agreement regulated by the Consumer Credit Act 1974 for the account For a loan or hire purchase agreement b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,-- (i) the total sum paid under the agreement by the [Claimant] [Defendant] (whichever you are); (ii) the total sum which has become payable under the agreement by the [Claimant] [Defendant] (whichever you are) but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and (iii) the total sum which is to become payable under the agreement by the [Claimant] [Defendant] (whichever you are), and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due. For a credit card b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,-- (i) the state of the account, (ii) the amount, if any currently payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company), and (iii) the amounts and due dates of any payments which, if the [Claimant] [Defendant] (whichever you are) does not draw further on the account, will later become payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company). General c) copies of Default Notices (if any) issued pursuant to s87(1) of the Consumer Credit Act 1974 by the [Claimant] [Defendant] (whichever is the loan company) to the [Claimant] [Defendant] (whichever you are) d) a copy of any Notice of Assignment to the [Claimant] [Defendant] (whichever is the loan company) relating to the [Claimant’s] [Defendant’s] (whichever you are) account e) if copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to: (i) a copy of the procedure(s) used for copying, storing and retrieving documents (ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s) (iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with (iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards. It could be useful if you are proceeding to Court and the defence is going to produce copies rather than originals. aa
  25. I saved this post last year....UNSURE if its still valid ...SO PLEASE CHECK FIRST Brian carter & co solicitors letters urgent Hi ALL Could anyone who has received a letter from this company after the 28th february please copy them and forward them to Solicitors Regulation Authority Victoria Court 8 Dormer Place Leamington Spa CV32 5AE reason being this company seized trading at the above date and therefore any letterhead with the above name would be representing a company that no longer exists.
×
×
  • Create New...