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Cahoot Credit Agreement - Or is it?

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This from my CCA request to Cahoot.

 

It is for a Flexible loan

 

I would appreciate your views

 

TIP - If you have a lot of creditors and are going to send CCA requests to them all at the same time, make sure you have the time to deal with all the paperwork and invest in a good filing system!

At this rate I will need a secretary. :)

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The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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See what I mean?

 

Im that busy I forgot the attachments!!! ;)

Cahoot_page1.pdf

Cahoot_page2.pdf


The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Hi Under Siege

 

ive had a quick look and from what i can see it looks ok to me, it may be worth a second or third opinion as ive only glanced over the agreement but the terms required appear to be there from first glance

 

regards

paul

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Hi again Paul,

 

Its that different from all my other Credit Agreements I thought I would post it up here for the professionals to look at. :)

 

Don't the signatures have to be on the same page as the prescribed terms?

Plus Cahoot's signature is dated before mine! Does this have any relevance.

 

I'm doing so well at the moment with other credit agreements, maybe I'm getting a little carried away.


The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Hi Under Siege

 

As i said ive only had a glance, i will have a longer look this evening and see if there is anything ive missed.

 

i will need to look at the regulations to see RE the signature etc

 

regards

paul

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Subscribing. I've got a Cahoot debt too and the agreement they sent back looked OK to my untrained eyes.

 

I have to say that of all my creditors, Cahoot have been by far the most easy, pleasant and professional people to deal with. They also returned my credit agreement within the prescribed time limit. Somehow, I half expected that.

 

I'll be interested to see what comes of this thread.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Hi again Paul,

 

Its that different from all my other Credit Agreements I thought I would post it up here for the professionals to look at. :)

 

Don't the signatures have to be on the same page as the prescribed terms?

Plus Cahoot's signature is dated before mine! Does this have any relevance.

 

I'm doing so well at the moment with other credit agreements, maybe I'm getting a little carried away.

 

Under Siege,

 

Did you get anywhere with this? I'm was about to start my own thread but as my case seems almost identical to yours I thought I'd see if you'd had any other responses.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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not yet,

 

Ive had that much on my plate with my DMP ive not got round to it yet.

Having said that, Cahoot are the worst creditor that i have dealt with, they are refusing to accept any kind of reduced payments. Therefore I need to look into this in more detail.

 

Watch this space


The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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not yet,

 

Ive had that much on my plate with my DMP ive not got round to it yet.

Having said that, Cahoot are the worst creditor that i have dealt with, they are refusing to accept any kind of reduced payments. Therefore I need to look into this in more detail.

 

Watch this space

 

Thanks for that.

 

Strangely, Cahoot have been by far the easiest one to deal with for me. They accepted the offer from the CCCS without question, have always been polite and courteous and have never given me any hassle. Just how odd is that? Things might change of course once I extricate from my DMP but I'll just have to see.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Its probably because Im arranging my own DMP, and they would rather me go through CCCS or Payplan


The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Hi UnderSiege

To refer you back to your question in post 4

 

In respect of the agreement, the prescribed terms should be contained in the signature document and if there is more than one document, they should relate/Link/connect to each other. :cool:

 

 

Regards

Andy


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True Andy,

 

the only thing which would worry me here is this document is 2 pages which appear to be front and back of an A4 sheet of paper.

 

now should this be the case and they produce this in court well, youre sh!te outta luck cause the judge may view the construction of 127(3) as giving him power to enforce such agreement

 

 

this arguement works with documents headed terms and conditions such as the one on this thread http://www.consumeractiongroup.co.uk/forum/capital-one/122227-pinky-capital-one.html#post1280769

 

im not so sure this would be the case here, after revisiting the regs i cant see anything which convinces me otherwise

 

regards

paul

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I guess that this is going to be a tough one to fight.

If I remember correctly the agreement came in the form of an A4 booklet.


The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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" I guess that this is going to be a tough one to fight.

If I remember correctly the agreement came in the form of an A4 booklet"

 

 

Well my gut feelingis if thats the case, then they do not Relate/ link/ or connect as there are no letters/numbers and if your sig box was in the form of a booklet how could it be on the reverse of the prescribed terms?

 

Unenforcable 99% sure, there is also somthing else not quite right just checking will get back to you

 

 

Regards

Andy


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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Hi Under Siege

 

Back to your post 4 you state about the agreement being presigned on reciept.You can have a situation where the creditor signs the agreement 1st, effectively so it becomes binding on both parties once it's signed by the debtor. The problem however, that I see with your agreement, is that they are not following the normal procedure in that the agreement becomes binding upon the sig of the debtor. They have inserted a condition precedent, which essentially means they are dispensing with the normal rules of offer and acceptance in contracts and saying that until such time as they are satisfied with their checks, the agreement is not binding. So if it didn't become binding upon you signing it, when did it? In my opinion, there would need to be a further document that both parties signed,do you recall recieving such? I would contend that this could equate to a pre-contractual document.

 

 

Regards

Andy


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Andy, I completely disagree here.

While you are correct in saying that the terms must be included within the signature document, and in this case they are, your leap to unenforceability ISN'T.

 

This agreement is just that and as such enforceable !!


Be VERY careful whose advice you listen too

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Has i Said Curly only 99% convinced but how would you prove they are linked/related?

 

 

Andy


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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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producing the original in court springs to mind:rolleyes:

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And what if they dont?:rolleyes:


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accepted, but would i be willing to find out? thats the question that one must ask.

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let me also point out that this seems prima facie to be a copy of the original doc,

 

when you photocopy a photo copy you get degradation of the image. there appears to be no loss here so i would look at this as a very good copy of possibly the original document, now if this is the case GAME OVER because this could be enforced by court order providing its as suggested

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It may well be a very good copy of said original but still does not prove the sig box is linked to the prescribed terms, if it where i would be of the belief that surely some indentation of the sig would be visible through page 1 (ie being on the reverse) I cant see any evidence of such and as UndeSiege recalls a booklet form being recieved to sign and return, if it where the case surely there would be no need for a booklet?Just a A4 sheet What are your Thoughts?

 

 

Regards

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Andy, you are clutching at straws here.

I have seen a number of multi-page loan agreements, I've had a few myself, and they are designed to be read as a whole and not as separate pages.

Quite often they don't reference the additional pages at all.

 

Now as the OP has already mentioned that they remember that this agreement was in the form of an A4 booklet, why are you flogging a dead horse ?!


Be VERY careful whose advice you listen too

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Hey HAK

 

yep no terms and conditions for the purpose of a s77/78 request

 

but if it were to go before the court you can just imagine em saying we never sent em M'lud, im sure they will deny it and say they sent them

 

you know how devious these companies are mate

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