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

[FlyboyAgain]

Interesting.

 

I'll jump off this thread for now as I've hogged it long enough. Learned a few things, but would still like to know what the name is for an account that has been CCAd and in incorrectly set out document supplied.

[the_shadow]

Interesting.

 

I'll jump off this thread for now as I've hogged it long enough. Learned a few things, but would still like to know what the name is for an account that has been CCAd and in incorrectly set out document supplied.

 

Not sure I understand the incorrectly set out document bit means... for a s78 response read the following:-

 

http://www.creditlaw.co.uk/Documents/true%20copies.pdf

 

If the creditor complies with this then its deemed a valid response to a s78 request.

 

If the document doesnt have the prescribed terms or not signed by yourself then its unenforceable in court, however as the truecopy may not contain the signature they can at a later date produce a signed agreement, Hence the whole point of this thread in trying to get sight of said document without using s77/s78.

 

S.

 

Edit: Forgot to say Enron found that PDF, so I've just copied the link

[FlyboyAgain]

Not sure I understand the incorrectly set out document bit means... for a s78 response read the following:-

 

http://www.creditlaw.co.uk/Documents/true%20copies.pdf

 

If the creditor complies with this then its deemed a valid response to a s78 request.

 

If the document doesnt have the prescribed terms or not signed by yourself then its unenforceable in court, however as the truecopy may not contain the signature they can at a later date produce a signed agreement, Hence the whole point of this thread in trying to get sight of said document without using s77/s78.

 

S.

 

Edit: Forgot to say Enron found that PDF, so I've just copied the link

 

Short-speak for a copy of the signed agreement with prescribed terms on the same document.

 

As there is no other way to see these documents, I had to uses s77/78. The bank eventually complied, but not after much prevarication and attempting to pass off one account withe the details from another! The 77 accounts are enforceable, the 78s are not. I guess all I can do now is leave it at that and see what they do but, as Stubie says, I think the would have gone for me by now if the 78s were enforceable.

 

Many thanks for all your input.

[Stubie]

Hi Shadow,

 

Any idea who Bob Imrie is?

 

Forgive my ignorance, if I should know

[the_shadow]

Hi Shadow,

 

Any idea who Bob Imrie is?

 

Forgive my ignorance, if I should know

 

He's a specialist in consumer credit law apparently, I have no knowledge or dealings with him other then following the link that as I stated Enron posted.

 

S.

[diddydicky]

Short-speak for a copy of the signed agreement with prescribed terms on the same document.

 

As there is no other way to see these documents, I had to uses s77/78. The bank eventually complied, but not after much prevarication and attempting to pass off one account withe the details from another! The 77 accounts are enforceable, the 78s are not. I guess all I can do now is leave it at that and see what they do but, as Stubie says, I think the would have gone for me by now if the 78s were enforceable.

 

Many thanks for all your input.

 

you can use 31.16 if you are considering starting an action against them and if they fail to respond then apply to the court

[diddydicky]

ahhhh forgot you cant youre in scotland

 

(at last weve got something that you buggers up there have not (LOL)

[cosalt]

Hi, am following this thread with interest. After CCA requests for me and the OH 3 x Barclaycard ending in nothing I am now going down the CPR route.

 

Sent off CPR letter to all three and have recieved what I assume is a standard reply, they say they have fulfiled their obligation under S78 ( which I have never seen any form of agreement - even a blank one !)

 

They also say :-

 

'The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply in certain limited circumstances, which do not apply here'

 

Do I just ignore and carry on as with the process ?

 

Thanks

 

Cosalt

[FlyboyAgain]

ahhhh forgot you cant youre in scotland

 

(at last weve got something that you buggers up there have not (LOL)

 

 

[FlyboyAgain]

Hi, am following this thread with interest. After CCA requests for me and the OH 3 x Barclaycard ending in nothing I am now going down the CPR route.

 

Sent off CPR letter to all three and have recieved what I assume is a standard reply, they say they have fulfiled their obligation under S78 ( which I have never seen any form of agreement - even a blank one !)

 

They also say :-

 

'The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply in certain limited circumstances, which do not apply here'

 

Do I just ignore and carry on as with the process ?

 

Thanks

 

Cosalt

 

From what I've seen and heard, Barclaycard seem to be the worst of a very bad bunch when it comes to CCA/CPR.

 

I don't understand their intransigence! They know they are going to have to produce it at some point in time.

 

I think, in England, you can take them to court to force them to produce the correctly signed agreement? I'll let other forumites confirm that.

[the_shadow]

From what I've seen and heard, Barclaycard seem to be the worst of a very bad bunch when it comes to CCA/CPR.

 

I don't understand their intransigence! They know they are going to have to produce it at some point in time.

 

I think, in England, you can take them to court to force them to produce the correctly signed agreement? I'll let other forumites confirm that.

 

Yep, they dont like to send them out.

 

They think people will give up.

 

Yep, I'm in court next week with a CPR hearing

 

S.

[Stubie]

Good luck Shadow

[FlyboyAgain]

yeh, +1 on that!

[JGJ]

Subbing with interest re CPR hearing.

 

Good Luck shadow.

 

"EXEMPLO DUCEMUS"

[carpinjoy]

go for it shadow.

[Beck1968]

Yep, they dont like to send them out.

 

They think people will give up.

 

Yep, I'm in court next week with a CPR hearing

 

S.

 

 

Not near Lancs is it ......can i come and lend support ???

Edited July 8, 2009 by Beck1968
keyboard

[the_shadow]

Not near Lancs is it ......can i come and lend support ???

 

Its not I'm afraid.

 

S.

[Beck1968]

Good Luck anyways

[Alphageek]

I am sure this may have been done-to-death in this thread already, but with over 1200 posts it's going to be a job to digest it all.

 

Is there any point in going down the 31.16 route if you have CCA'd a creditor and the forms they sent back indicate the application was made online and the signature is just a tick-box on a computer printout?

[The GodMother]

alpha i would say yes

[Alphageek]

Hi TGM. Thanks for the reply.

 

If you have been keeping up with this thread, would you mind expanding on why you think it would be worthwhile please?

[the_shadow]

Hmm seems they dont want my app heard next thurs

 

S.

[FlyboyAgain]

Any indication why?

[Stubie]

Any indication why?

 

Fear

 

You never know what is hiding in the shadow(s).:grin:

 

Poor, I know, but the best I could do.

[FlyboyAgain]

Fear

 

You never know what is hiding in the shadow(s).:grin:

 

Poor, I know, but the best I could do.

 

Excellent!!! :lol::lol: