I really needed to find that too. Prior to an action that might take place in a week or two. Thanks for the tip SH

House of Commons Standing Committee d debating the Consumer Credit Bill in 2005 mention the s189 definition almost verbatim and further justify the position... Hope that is what you might have been looking for

Haven't forgotten you Tbern... still looking

Rhia, I believe you are spot on here

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Lisa, before you do anything have a look at http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft019.pdf It tells you what an agreement has to contain. Should some of the terms mentioned be absent the agreement could be unenforceable anyway

Very true noodle. Greendykes How did you acquire the building - from who? Do you know if the works were certified by a professional: architect, surveyor or Building Control. Was the builder employed by a developer? Certainly the developer/builder would have had to apply for Building Regulations approval and should you prove that the building does not comply in some respects (and it has been certified otherwise) you may have a number of options as to recourse.

Sainsbury's Bank is a fifty/fifty between HBOS plc and Sainsbury's plc. Their call center often tell me I have a Halifax account!

hehe

Hi Lisa. have a look here --> http://www.consumeractiongroup.co.uk/forum/general-debt/72462-mbna-dont-have-provide.html#post625747

Out of interest, I received an agreement just yesterday from MBNA with my sig on it. Mind you, it did take TS to squeeze it out of them

Yes, its an odd arrangement, isn't it? That they can comply with s77-79 that way. I have yet to receive an agreement with the sig ommitted, but if I had I would be tempted to write back and ask for one with my sig on it.

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They are indeed allowed to omit certain items from the agreement, including sinature boxes (for security purposes) but they must still provide a "true" copy of the agreement that you (and they) signed, complete with all the terms prescribed by the Act.

Oh to be a fly on the wall!

Pam They are still trying to get Sainsbury's to answer the phone! So, it's early days, but I'm given to believe they are taking it very seriously

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Hello all you CCA boffins I though you might like to know about a situation unfolding with a certain creditor... http://www.consumeractiongroup.co.uk/forum/other-institutions/72443-sainsburys-bank-farce.html#post625575

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Hi Nicole There's a reason why MBNA don't like sending out agreements - if yours is anything like the one sent to me it will be unenforceable and always will have been. Read the judgement of Wilson v First County Trust appeal to see what that might mean. I don't think it can do any harm to get TS on board. From what I have read they can be a bit variable, but my local office has been a help. By trying to enforce the agreement MBNA are clearly committing offences under the Administration of Justice Act and TS should act on this if nothing else - ie the CCA information offences. There is also the matter of compensation for the distress and annoyance caused by there actions. TS (civil) could quite possibly take an interest in representing you in this aswell; and for any possible defamation due to incorrect data processing. I don't know whether these are policy decisions or merely incompitence but they have dug themselves quite a hole in your case and it should be fun watching them try climb out. Reminds me, I must serve an s85!

My local TS are prosecuting a creditor for offences under the Administration of Justice Act; for trying to enforce an unenforceable agreement. No mention of their failure to produce the agreemnt which lead to it becoming unenforceable though. ?!

They can enforce an agreement only if it contains those terms prescribed by the Act and later SI's. Without them a court cannot enforce. There is the "technical" issue to consider, but if the judgement of Wilson v FCT is anything to go by, any missing term is enough.

Tbern I read something in Hansard (some consumer law committee) not too long ago re this very subject. I will try and see if I can dig it out. IIRC they metioned the s189 definition quite a bit.

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