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why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement


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What I will do is post up the letter sent by Lowells in response...

 

m2ae

 

Got your pm m2ae (thanks loads).....got the letters off today. (by recorded) now we will see what their response is.

 

One thing I am not happy with is that one of these so called cruditors is still adding interest to the account. About £200 since my request for an agreement.

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Got your pm m2ae (thanks loads).....got the letters off today. (by recorded) now we will see what their response is.

 

One thing I am not happy with is that one of these so called cruditors is still adding interest to the account. About £200 since my request for an agreement.

 

I'm afraid case law exists that means short of getting a judgement against you, if you stop paying they can chase/sell the debt/mark your credit file/add interest, even take you to court although it wont get very far if they've not complied with a s77/78 request.

 

S.

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I'm afraid case law exists that means short of getting a judgement against you, if you stop paying they can chase/sell the debt/mark your credit file/add interest, even take you to court although it wont get very far if they've not complied with a s77/78 request.

 

S.

So, if it takes 6 years to become SB, they can/will add interest. This could add a very large chunk to the debt.

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Hi there

 

I wonder if someone can help me out? I am off to court in under 2 weeks and the reason is because over a year ago i asked to see a copy of my credit agreement which i never recieved, after numerous letters backwards and forwards and doorstep visits they are now taking me to court, I have recieved all paper work from the solictors who are taking me to court and they have stated that the claiment does not have an original copy of my agreement but here is one that would look like it..

 

Im a little worried about going to court so just wanted so advice if them not having my original signed agreement i have a slight chance of winning? They state that they do not need to provide it and i am abusing the court by letter this go as far as court.

Thanks:|

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Hi there

 

I wonder if someone can help me out? I am off to court in under 2 weeks and the reason is because over a year ago i asked to see a copy of my credit agreement which i never recieved, after numerous letters backwards and forwards and doorstep visits they are now taking me to court, I have recieved all paper work from the solictors who are taking me to court and they have stated that the claiment does not have an original copy of my agreement but here is one that would look like it..

 

Im a little worried about going to court so just wanted so advice if them not having my original signed agreement i have a slight chance of winning? They state that they do not need to provide it and i am abusing the court by letter this go as far as court.

Thanks:|

 

Did you deny ever signing an agreement? if not, they will submit secondary evidence to prove on probability that the agreement you would have signed is enforceable.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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I suppose i need to add that to my WS as I am 110% sure I did not sign an agreement for this loan infact i never saw one, I have posted some back ground into this loan under "Help being taken to court" would appriciate your comments.

 

Thanks

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So, if it takes 6 years to become SB, they can/will add interest. This could add a very large chunk to the debt.

 

you should(should have) written to them pointing out that notwithstanding the fact of their not having complied with your s78 request- that the matter is in dispute and that you intend to vigorously argue a defence to any claim from them in court therefore if they feel that they have a cause of action they should take steps to issue court proceedings sooner rather than later and not simply delay and prevaricate so that they can rack up charges, and that if they fail to do so you will raise the matter of unnecessary charges in court

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Did you deny ever signing an agreement? if not, they will submit secondary evidence to prove on probability that the agreement you would have signed is enforceable.

 

Any chance of elaborating on this please? Does this mean I would need to say that I never signed an agreement? I cannot remember as it is over 12 years ago, so I assume I say no unless they have a document to prove I did?

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Therefore your belief is an HONEST belief...12 yrs ago...chances are they aint got it even..and I mean the ALLEGED signed agreement.Use the model I gave you to tailor it and for goodness use the interpretation of CPUTR 2008 to weasel this out of them...to confirm or deny the existence of the original even before you put in a s78 request...

 

If you put in a s78 request all you'll get is a frankenstein job where no signature is needed under the Copies of Documents and Cancellation Notices regs 1983....so in other words they do not have to show that a signature was ever signed under these regs thiese regs are used as a 'MASK'..but the other route forces them to comply with s61 'the proof purpose' and they WILL have to bring the case AGAINST you...which in all probability they wont...I stuck to my guns and invited them to do this...they BACKED OFF cos they knew in court they would not be able to comply with s61

 

m2ae

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you should(should have) written to them pointing out that notwithstanding the fact of their not having complied with your s78 request- that the matter is in dispute and that you intend to vigorously argue a defence to any claim from them in court therefore if they feel that they have a cause of action they should take steps to issue court proceedings sooner rather than later and not simply delay and prevaricate so that they can rack up charges, and that if they fail to do so you will raise the matter of unnecessary charges in court

 

They have not threatened court yet, They just keep sending the debt to DCAs who I keep sending packing. I have set "them" a letter saying "put up or shut up" we will see what their response is.

Thanks dd

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.........an application form. I think I will send them a nice letter explaining the error of their ways.

 

An application form can form the basis of an enforceable agreement. All it needs is a reference to terms overleaf or attached.

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An application form can form the basis of an enforceable agreement. All it needs is a reference to terms overleaf or attached.

 

This application form only includes personal information about the applicant. DOB, home, employment etc. No financial information. The note at the bottom entitled "Credit Agreement Regulated By The Consumer Credit Act 1974" does refer to T&Cs overleaf. I do not think this is anywhere near an enforceable agreement. What do you think?

t33

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This application form only includes personal information about the applicant. DOB, home, employment etc. No financial information. The note at the bottom entitled "Credit Agreement Regulated By The Consumer Credit Act 1974" does refer to T&Cs overleaf. I do not think this is anywhere near an enforceable agreement. What do you think?

t33

 

Unenforceable Application form.... nothing more.

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Just thought I would post the reply letter

 

Dear sir/madam

 

Your Ref xxxxxxxxxxxx

 

I do not acknowledge any debt to your company

 

 

I refer to your letter dated dd/mm/yy, please confirm that the APPLICATION FORM that you have supplied is a signed, properly executed Consumer Credit Act Agreement.

 

I again remind you of your obligations under the Consumer Protection From Unfair Trading Regulations 2008 (specifically regulations 5 and 6) and the Office of Fair Trading Guidance on Debt Collection. I therefore request that you confirm whether you currently hold or have ever held a properly Executed Credit Agreement pertaining to the above account and if so please forward a copy to me by return.

 

If DCA DO NOT have a signed, properly executed Consumer Credit Act Agreement pertaining to myself, then I require written confirmation by return (CPUTR 2008 reg 5 and 6).

 

 

 

Yours faithfully

 

DO NOT SIGN only PRINT YOUR NAME

Edited by trevor33
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Trevor - did they send you a copy of the original T&C's alleged to be on the reverse of the application form, plus a copy of the T&C's as varied?

 

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An application form can form the basis of an enforceable agreement. All it needs is a reference to terms overleaf or attached.

 

Check out Carey.

 

Basa.... I think you're a tad confused.... and as such, your posts are misleading. An application is an application. An Agreement is an Agreement. The law pertaining to CCA 1974 is very clear as to what needs to be in a document to make it enforceable..... and Carey is irrelevant.

Edited by PriorityOne
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