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    • going by your figures    £5239.50 was added to the £21k loan making the amount we borrowed  £26239.50.   so the PPIPCM% was: ppi/loan+ ppi*100=%   5239.50/26239.50*100=19.97% so lets call that 20% so 20% of any payment made on its date was PPI.   now you'll have to fill out the statint sheet as if you haven't yet been refunded then add in the payment you got on its date as a minus figure on the sheet on its date to the sheet   that will tell you whats outstanding from the refund   thus what you owe today.   dx          
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    • well no you did tell them you'd cancelled the fact that you omitted to pay one extra dd after that date is somewhat immaterial now.   your problem is you've done all this by email. you now need to stop using email and block and bounce them totally   using royal mail send harlands a letter offer them one months payment as you cancelled the dd without leaving 30 days for the next  payment to be taken. but refusing to pay any unlawful admin fees.   if they fail to accept that. you ignore everyone.   dx        
    • not your problem   use the custom google search on the top right    pcn claimform get reading up on what is to come if they proceed. and no you don't need to add to your defence.   dx
    • Hi Slick.    Originally my contract was with someone else and was a 12 month thing (which I was past) so I assumed it was a one month rolling contract. However when my gym changed ownership Harlands took over my DD (and put the price up).   I didn't tell the gym directly I just cancelled it with my bank due to miss information from my gym. The last DD payment was late last year probably around October time as this has been going on for a while with emails between myself and Harlands.
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    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
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KFC

RBS Credit Card - Agreement Valid ?

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Not sure if this agreement is valid ?

 

Personal details edited out, i.e. my signature, name and address etc.

 

Any help, much appreciated, Thanks.

 

 

:confused:

RBS Agreement.pdf

Edited by KFC

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To me it does yes - it has signatures, dates, credit limit. Im a newbie though so best waiting until someone else replies.


20 Creditors including 1 CCJ with - you guessed it - Bryan Carter! £13467.43 owing. £2000 paid off in the past 12 months!!!

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It would seem to be enforceable to me....

 

But if this helps...

 

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.

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Prescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

For a Restricted Use Debtor Creditor Supplier

  • Where the dealer is the supplier and the creditor is the one providing the finance.
  • The money can only be used for the purpose it is given.
  • There is no interest on the purchase (the cash price is the same as the total price)
  • And there is no advance payment

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreements executed before that date.


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi,

 

Thanks for your replies, ciaomc2002 and 42Man,

 

Yes, that's what I was afraid of, you've confirmed what I thinking. :(

 

But, am I right in thinking, that they might only hold this in the form of a copy, ie, in electronic form as a copy.

 

Is it also true, that they must hold the original document signed by me in pen, and that no reproduced copy can be used to allow any enforcement action against me.

 

This is for a credit card.(small-ish amount)

 

It has been passed through 3 DCA's, with a good fight and harassment along the way, no action yet, makes me wonder if there is something missing or wrong, hindering them with any enforcement action.

 

I've just sent a CPR request to the latest DCA, also, a stern Harassment letter, due to their offensive nature during telephone calls, requesting correspondence to be in writing only.

 

Should I just wait for their reply and next action, then request the original creditor to prove they have the original agreement, stating that no reproduced one or photocopy etc will do ?

 

Can I ask them, if it could be sent to a local branch, so I can view it ?

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No, I THINK!!!! that a copy is acceptable. Again, you are best waiting until someone else replies because I am still a newbie. To be honest I wouldnt mind it clarifying it myself, because I received copies this morning that appear legal.


20 Creditors including 1 CCJ with - you guessed it - Bryan Carter! £13467.43 owing. £2000 paid off in the past 12 months!!!

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I've jus read on the oft.gsi.gov.uk web site -

 

- notice of cancellation rights must be included in the copy agreement, and must also generally be sent by post or email to the borrower within seven days.

 

On my agreement, it says only,

 

"Your Right To Cancel -Once you have signed this agreement you have a short time to cancel. Exact details of how and when you can do this will be sent to you by post."

 

Is this adequate, should they have put actual exact details on this agreement ?

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I'm sure I read somewhere, that they MUST to hold the original and not a reproduced copy in any shape or form, as it could be a fake !

 

When you tax your car at the post office they require the original documents not copies for this reason.

 

Anyone could copy and paste signatures or change other details on to an electrionic copy to suit themselves.

 

Thats why I reckon that it has to be a true original.

 

Anyone verify this definitely for us please ?

 

Thanks.

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My feeling is this KFC....if there was any doubt as to maybe a fraud had taken place then you could request it.....

 

OR if there was anything dubious in connection with this...

 

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No. 1557

 

Legibility of notices and copy documents and wording of prescribed Forms

2.-(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 colour of the paper


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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