And so the fun begins CABOT/BARCLAYCARD

[Curlyben]

Are there any prescribed terms on that awful scan as there doesn't appear to be any at all ??

 

 

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

[Curlyben]

A better idea.

Fight Fire with Fire

 

Dear twunt,

Thank you for your letter of Blah, the contents of which are noted.

 

After taking advice, I wish to inform you that I will no longer be conversing with any member of your company concerning this alleged debt, As you have blatantly failed to address any of the points I have raised in my previous letters.

 

Any further communications concerning this alleged debt will only be conducted through due process of the County Court system.

 

Continuation of these baseless threats WILL results in serious legal ramifications for your company and any employees that choose to ignore this FINAL response.

 

I trust I make myself clear in this regard and I do NOT expect to receive a response to this letter unless it is an apology for the distress and harassment you have caused me.

 

Your faithfully

[Curlyben]

Glad you did Andy, as I don't really want to explain that one to them

 

Have a good time.