Howard Cohen & Co Solicitors - Is this Credit Agreement enforceable??

[UnitedFront]

Hi there everyone, I am trying to help some of my realatives with some ongoing issues and we have sent of a number of CCA requests.

 

We have recieved back a rather snotty letter from this lot along with the agreement below.

 

I wonder if any one with some good knowledge of this area could offer some advice as to whether or not this agreement is enforceable.

 

This copy was sent to us along with loads of previous statements. However, this is the only document sent relating to this agreement.

 

I notice that where it gives the address of the credit company, it refers to terms set out below and overleaf.

We have not recieved any other terms etc, just this copy.

 

I also not that there does not appear, to me, to be a single complete date on this form...... does this make any difference??

 

Any advice would be very much appreciated.

 

The copy sent is:

[zazen.warrior]

I don't know about others here but I cannot view the document.

[UnitedFront]

Hi, I dont know why it was not showing up. It should hopefully be showing up ok now.

[PossVox]

Hi,

 

Still cant see it I'm afraid...

 

Have you got a Photobucket account you could use?

 

Image hosting, free photo sharing & video sharing at Photobucket

[UnitedFront]

Hi everyone, I am really sorry for all the problems seeing the agreement. I have made a photobucket account and put it there, so hopefully should be ok now!! Fingers crosses.

[Having_A_Knightmare]

Could do with knowing what is in the box bottom left of the agreement

[UnitedFront]

No problems, the picture below (hopefully) is a larger copy of that section. This is exactly the quality that we have been sent.

 

[UnitedFront]

The bits that I really dont think are right are that there are no dates next to either of the signatures.

And

Not in the larger section here, but further up the agreement it says that you agree to the terms below and overleaf.

 

We have not been sent the "overleaf" part that it refers to.

 

Should they have sent this?

[UnitedFront]

Any thoughts anyone??

 

I have no idea what action we should be taking now with this one!

 

Any advice greatfully recieved!!

[B3rty]

It contains the prescribed terms with in the signature document so looks enforcable...

[Having_A_Knightmare]

I would agree with Barty.

 

HAK

[UnitedFront]

That is what I was thinking unfortunately.

 

Any idea what action we should take now??

 

I am helping a relative who has trouble dealing with things and has been pushed into agreeing large monthly payments to these people before.

 

Now they are saying that because she has not made any payments for the 4 months it has taken for them to get these documents to her that she now has to make up these 4 months.

 

My relatives are pretty hard up at the moment and cant afford what these people demand.

 

What should we do?? All advice greatfully recieved.

[B3rty]

Try something like this

 

Dear DCA

 

Thank you for your letter dated xxxxxxx and copy of the pre contractual application form as supplied

under the consumer credit agreement request, your comments are noted.

 

With regard the missed payments I would ask you to observe my rights under the

Cumsumer Credit Act 1975 s.78,(1) & (6) as shown below

 

78

.—(1) The creditor under a regulated agreement for running-account credit, within

the prescribed period after receiving a request in writing to that effect from the debtor

and payment of a fee of 15 new pence, shall give the debtor a copy of the executed

agreement (if any) and of any other document referred to in it, together with a

statement signed by or on behalf of the creditor showing, according to the information

to which it is practicable for him to refer,

IN addition section 78(6)

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

You have clearly been in default since xxxxxxx as the consumer credit act allows you

12 working days to provide this and states that after a month you commit an offence

which precludes you the right to enforce the agreement therefore any attempt to reclaim

unpaid monies or interest for this period puts you in a serious breech of the Consumer Credit Act

and reportable to the relevant authorities.

In light of the provided documentation I am prepared to offer a reduced payment of £x

and ask you freeze the interest for an interim period as I am not in a position to make the payments you demand

[Having_A_Knightmare]

Also tell them they are still in default under section 78(1) as there are no terms and conditions

[UnitedFront]

Thanks for the replys and advice, I shall fire off a letter asap.

 

I'll keep posted on the situation.

 

Thanks again.