Please help with CCAs

[pt2537]

Results within legislation - Statute Law Database

[Curlyben]

Enjoy: http://www.fisa.co.uk/downloads/CCA%201974.pdf

[pt2537]

hows that

 

regards

 

paul

[HeatherMc]

That was quick! I will get stuck in to it now. Thanks.

[HeatherMc]

Well that was hard going. I have just read the consumer credit act and didn't have a clue with most of it. Think you have to be a lawyer to know what it's on about.

 

Anyway, I now have a letter for barclaycard and HFC. Any suggestions for Egg? Rory mentioned that it may be borderline becuase the T&Cs were not on the same page as my signature so may not be enforceable. Is there anything else in it which might make it unenforceable?

 

There is nothing about my right to cancel on it.And it mentions other T&Cs but has not supplied them. Does it have all required ones in it? It has my personal details, a statement about credit limits, What my repayments would be and charge for interest. Should it have further information?

 

Paul, I noticed in your previous post about the signature being last on the agreement, that there should also be a box with key information which is not contained in this agreement. Could this make it unenforceable?

 

Or should I just admit defeat on this one?

 

Heather

[pt2537]

Hi Heather ,

 

i have to be honest and say that the Egg one looks ok, but im not the oracle on agreements that would be for peter bard to look at. there is a chance he may find something on it

 

sorry i cant be of any more help

 

Regards

 

paul

[Curlyben]

From what I have seen of Egg agreements they ARE enforceable, so it's time to get a SAR in and go for the charges.

 

Also you don't have to be a lawyer to understand CCA, hey I'm not

[HeatherMc]

Thanks anyway Paul, you have been a great help so far. If the other 2 turn out to be unenforceable then that will make it easier to pay off the Egg one if it is OK.

 

Sent Peter Bard a pm the other night, just waiting on him to get back to me. Don't want to pester him though, he must be busy.

[HeatherMc]

Also you don't have to be a lawyer to understand CCA, hey I'm not

 

Yeah but you're probably smarter than me, most people are! lol.

[Curlyben]

That's the advantage it doesn't matter if you are a Binman or Steven Hawkins the advice is the same.

We are here to help and to ensure the financial institutions and DCA's act in a lawful manner.

 

BTW I work in IT.

[HeatherMc]

Yes it's fab here. If Kenny hadn't told me about it I would have continued on none the wiser. Who said there was nothing to be gained from going to the pub.

 

See you have a smart job, that's why you understand it. I work at looking after a baby and a dog and a house all day, not much brain power required. I might not be able to understand a credit agreement but give me a smelly baby and i'll have it changed in double quick time

[Curlyben]

Hey both Paul and I can do that too

[pt2537]

well i dont have a dog

 

but ive got a Giant House Rabbit if that will pass:D

[Goldlady]

Hi Heather, I presume you are not THE Heather Mc, or if you are it is disgraceful that Paul has made you use credit cards with all his millions:lol:

 

Seriously though, you are getting the best of help on here, as I have had, and I am sure you will succeed - there are a LOT of unenforceable agreements around it seems:eek:. So sad. And don't feel inadequate about being a mum - I have four kids who are now aged 8-14 and I hardly see them cos I work such long hours. And I feel bad cos I never see them.

[HeatherMc]

Hey both Paul and I can do that too

 

Yeah but I bet you're not as good as me at it! I am an expert, just changed one a minute ago in fact, lol.

[HeatherMc]

well i dont have a dog

 

but ive got a Giant House Rabbit if that will pass:D

 

Hmmm dunno if it's the same. Never had a rabbit before. Is it as mad as a fish? And jump about all day, and never sleep and always want to play? My own fault for getting a boxer

[HeatherMc]

Hi Heather, I presume you are not THE Heather Mc, or if you are it is disgraceful that Paul has made you use credit cards with all his millions:lol:

 

If only! Could do with some of his cash, would settle for 5 million.

 

Seriously though, you are getting the best of help on here, as I have had, and I am sure you will succeed - there are a LOT of unenforceable agreements around it seems:eek:. So sad. And don't feel inadequate about being a mum - I have four kids who are now aged 8-14 and I hardly see them cos I work such long hours. And I feel bad cos I never see them.

 

Yeah, can't believe banks have been getting away with this for so long!

 

Don't feel bad about going to work, you need to provide for them. I am on maternity leave just now, he is only 4 months, but when it finishes in january I will prob need to go back to work. Although it's bloody expensive for childcare:-o

[kennyparkroad]

Heather, on a unrelated note, if your not ready to go back to work in Jan and not fit

 

are you eligible for full time Sick Pay?

[HeatherMc]

Hi Kenny, well I am fit to work and cos we moved over from Ireland to here in August I don't actually have a job to go to. So not quite sure what to do yet. Will cross that bridge when it comes.

 

And on another unrelated note, when you coming up to see the new house? Not to mention the baby! He has been in this world for 4 months now and you haven't even come to see him! We will be down next week but not sure if we will be going out or not. If you are free give my wonderful husband (yeah right, lol) a text and he will no doubt arrange something.

 

Heather

[kennyparkroad]

will keep you updated.

 

just havent had much time lately to do anything.

 

Work, home, work home, same old same old

 

let us know what happens with replies to your letters .

[HeatherMc]

Not had anything yet. Although i've only sent off the HFC one so far stating that it is ilegible and therefore unenforceable. Was signed for yesterday. Should I stop paying it now? It's not been 12+2+30 yet but as it is in dispute should I stop making the payment?

 

I think I will send the same letter to Egg as i'm sending to Barclaycard. No one else seems to have any other letter suggestions for it.

[kennyparkroad]

you dont have to legally pay after the 12 day default.

 

but you HAVE to have mentioned the debt was in dispute, cause if you dont make 3 payments in a row, they tend to add a default to your file, and as you know thats not good, and a nightmare to get rid of.

 

but as long as youve mentioned the debt is in dispute, and that they are in default, youve ammo to fall back on.

[HeatherMc]

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Thank you for responding to my request for a copy of the executed agreement relating to acc no xxxxxx

However, I must point out that the copy you have supplied me is totally illegible and therefore not in compliance with Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)

 

For the avoidance of any doubt, the regulations state.

 

Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed

agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety

under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote

 

Therefore I require that you supply me a true copy of the agreement in a clearly legible form to discharge your obligations under s77 Consumer Credit Act 1974. If you do not send me the requested documentation I shall make a formal complaint to Trading Standards. I await your reply

This is the letter I sent. It doesn't say that it is in dispute or they are in default so will I keep paying??

[kennyparkroad]

always say these debts are in dispute!

 

always put at the top of the letter

 

DEBT IS LEGAL DISPUTE

 

or something along those lines

 

what to do, is if they have passed the 12 days but not the 30, write to them after the 30 days have passed and tell them its in dispute and that they are in default and that they cant add late payment charges, or enter any defaults to your credit file, as THEY ARE IN DEFAULT of a legal request.

[HeatherMc]

Ok, will do. Thanks!