Cca to creditors

[MAGDA]

Hi, I have written to various creditors asking for a copy of the CCA recently. Heard back this morning from Moorcroft who say they are still trying to obtain a copy of the Agreement and in the meantime, my account is on hold and they will not try to enforce the debt (fingers crossed!) They also say that in the meantime they think it will be of assistance to all parties (their words, not mine) if any areas of dispute are addressed prior to any court action. They therefore want me to give an indication of the information I will be providing when giving evidence to the court (what court? Moorcroft haven't submitted any claim so far), or providing information to the relevant statutory authorities in relation to the alleged subject matter of the account. They want this info by return, do I have to do this?

Also received a 'Consumer credit agreement' from another creditor (LInk Financial) and although it is an application form, it does also state that it is a Credit agreement regulated.... etc, which I know from previous queries is not enough in itself, but it does also have a section detailing the APR and a separate box headed 'my right to cancel', so I think this may actually be considered a Credit Agreement, is this the case? It might be a bit difficult to scan in, as the print is extremely tiny, I had to use a magnifying glass to read it!

 

Re: 1st Credit, sent letter off re: Having a Knightmare, all quiet so far! Let's hope it stays that way.

 

Many thanks for any help,

Magda

[rory32]

Thread moved to Debt Collection Forum.

[rory32]

They want this info by return, do I have to do this?

 

No you most certainly do not. File the letter and ignore it.

Also received a 'Consumer credit agreement' from another creditor (LInk Financial) and although it is an application form, it does also state that it is a Credit agreement regulated.... etc, which I know from previous queries is not enough in itself, but it does also have a section detailing the APR and a separate box headed 'my right to cancel', so I think this may actually be considered a Credit Agreement, is this the case?

Unlikely that it will be considered a credit agreement but without actually seeing it it is impossible to say.

It might be a bit difficult to scan in, as the print is extremely tiny, I had to use a magnifying glass to read it!

If you need a magnifying glass it isn't legible. The agreement needs to be legible.

[spamheed]

I got exactly the same letter from moorcroft, after I CCAd them, seems like they like to use the word "court" whenever possible

[MAGDA]

thanks for that. If I get any more 'credit Agreements' from Link and they can be scanned in, will let you have a look to see what you think.

Magda

[MAGDA]

Hi, managed to enlarge the image a lot so it is much clearer than the actual form. I wonder if one of you could have a look at this for me to confirm whether it is a CCA or not, I thought it probably was.

 

Many thanks, Magda

[rory32]

It's an application form but does contain all of the prescribed terms. I would argue that this is a pre-contractual document and falls under s59(1) of the Act e.g. Agreement to enter future agreement is void.

 

You may however wish to seek a second opinion on this.

[MAGDA]

Thanks for that Rory, although because it contains all of the prescribed terms, not sure if it would stand up in court or not

 

Magda

[rory32]

You may want to contact Trading Standards for a second opinion as the s59(1) argument is not the strongest arguement and is open to interpretation.

[MAGDA]

Thanks again for checking the document out for me.

 

Magda

[MAGDA]

Hi, hope you can help. I have received a 'Consumer credit agreement' form GE MONEY and although it seems to contain most of the prescribed terms, such as credit limit, cancellation rights, it does not contain any details of APR. It is in fact an application form, but it does state than terms and conditions are set out below and overleaf. As there actually isn't an overleaf, is this still a valid CCA.

 

Many thanks, Magda

[Curlyben]

Can you scan and post here for us to have a look at ?

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[MAGDA]

http://i193.photobucket.com/albums/z141/sarkymarky/CCA3.jpg

 

Thanx Curlyben for the info. Have posted the CCA, but this is as big as I could get it. It is basically (apart from personal details) Payment protection, information about you and your account: about sharing of information. Customer Consent: again sharing of info. Your right to cancel. The other terms and conditions such as interest rates are apparently overleaf, but there isn't an overleaf, just what is shown on the front. The credit value was shown as the top, but that is about it. Thanks again, Magda

[Curlyben]

Well as it stands, without the referenced T&C's it is unenforceable.

Now did this come from GE or a DCA ?

[MAGDA]

Yes, it came from GE, I have also received some other 'Agreements' from a company called Link Financial who are the DCA for some of my other ones. Currently in the process of looking at those. I did post a query on an ongoing CAG forum, as I have been wondering whether the type of agreement I posted above will still be uneforceable with the changes made re: the 2006 Act. Thanks Magda

[MAGDA]

Oh, meant to ask as well, do the T&Cs need to be part of the same document, or can they be submitted as a completely separate item.