Discussion on enforceability of agreements

[citizenB]

Pictures by georgie2404 - Photobucketiv posted my own query on here but dont know where to go could someone tell me if the enc agreement is enforceable??

 

georgie, I have only looked at the first page however, it looks to be signed by the company but not you ?

 

Umm, when following that link above, there is a black blob moving across the image from left to right.. what is that all about ?

[underdog13]

Think the black blob is a TV remote, Cit B:) Obscuring some personal details, perhaps?

[mustang67]

Hi there ,you still have your personal details showing castor 1952

Edited March 10, 2009 by mustang67
unfinished post

[castor1952]

Mustang,

Thanks for that. Will delete and repost.

Castor

[castor1952]

Ignore this too. Sorry

Edited March 10, 2009 by castor1952

[steven4064]

Interesting point - if the PPI was cancelled, doesn't that mean it is no longer part of the agreement and that the agreement is therefore no longer a multipla agreement?

[castor1952]

Halifax have told me this complies with S18 and all the prescribed terms are there (somewhere). Any way they keep on about S18 being conceptual not being required formatting and that its all one loan really not 2 loans rolled into one.

Are they right is this compliant and enforceable?

http://

This may not be very clear but is an agreement (pre 04/07) which has a cash loan and PPI aggragated and subject to one monthly repayment figure of £175.84.

Cash loan £8,000.00

Insurance loan £2780.00

Term 86 months APR9.3%

Total amount you pay £14,770.56

84 x £175.84.

Does the phrase 'we will divide the monthly payments between the cash loan and the insurance loan in the same proportion as they bear to the total loan,' comply with any prescribed term or must it be illustrated as a figure which in this case should read

Cash loan £130.49

Insurance loan £45.35

Help please.

Edited March 10, 2009 by castor1952

[castor1952]

Interesting point - if the PPI was cancelled, doesn't that mean it is no longer part of the agreement and that the agreement is therefore no longer a multipla agreement?

Point taken. Although the agreement will not reflect the current terms of the parties and to that extent is inaccurate, nevertheless all the prescribed terms are there so it would be enforceable?

[steven4064]

Section 18 is not conceptual, nor is it to do with formatting - it is to do with content. If the agreement really is 2 seperate agreements, then they have to be treated as such. S18 says nothing about the frormat but it does imply that the prescribed terms for each agreement must be there somewhere.

[user2006]

Clarifiation needed.. i'm just a little confussed as to whether a creditor in response to a S78 request can just send me current T&Cs. (they are headed Credit agreement regulated by 1974 cca bla bla bla.) does this comply.?

 

Thankyou in advance.

[the_shadow]

Clarifiation needed.. i'm just a little confussed as to whether a creditor in response to a S78 request can just send me current T&Cs. (they are headed Credit agreement regulated by 1974 cca bla bla bla.) does this comply.?

 

Thankyou in advance.

 

Which creditor? if its one of the more 'popular' brands people might be able to tell you if you have received the norm from them... i.e. if they have your agreement but are just sending t&c's or if they dont have your agreement hence why they are sending t&c's

 

Barclaysharks for example will only send out t&c's to a s78 response now and it appears MBNA do the same with a re-generated agreement encompassing t&c's

 

S.

[citizenB]

I actually have a document that MBNA disclosed under a 31.16 application, the document was sworn as being a copy of the original agreement, and guess what

 

the back page, it had a lovely piece advertising the MBNA Card but the thin strip where the prescribed terms were supposed to be, well they werent there thats for sure.

 

 

PT, can you let me know what year this document is from please Thanks x

[pinky123]

Sent a request off to Aqua for a copy of my CCA, they replied really quickly, but what I recieved doesn't appear to be clear.

On the attached letter they have said they are not required to send anything with our signatures on it , they also say they have enclosed a copy of our executed agreement but all it seems to be is a photocopy terms and conditions no signatures or dates.

 

They have also went into rant warning me of using claims management companies.

 

HELP PLEASE!!!!!!!!!!!!!

[car2403]

Sent a request off to Aqua for a copy of my CCA, they replied really quickly, but what I recieved doesn't appear to be clear.

On the attached letter they have said they are not required to send anything with our signatures on it , they also say they have enclosed a copy of our executed agreement but all it seems to be is a photocopy terms and conditions no signatures or dates.

 

They have also went into rant warning me of using claims management companies.

 

HELP PLEASE!!!!!!!!!!!!!

 

I'll tell you the reason why if you start a new thread and post a link?

 

[pinky123]

Thanks for your advice, but being a newbie im new to all this and not sure how to start a new thread.

[citizenB]

You can click on the link at the very top of the screen "General Debt Issues"

 

Then click on the "start new thread" button

 

You can also find out how to do this by clicking on the "Dummies Guide to Forum" in both Car's and my signature links.

[car2403]

You can also find out how to do this by clicking on the "Dummies Guide to Forum" in both Car's and my signature links.

 

I prefer "beginners"...

 

[jsunn]

Hi All,

 

Please excuse me if it appears i am picking brains with out using my own!

 

I am at the moment in the process of dealing with an application, to appeal a Possession order granted in 2006, on the bases that that Order was wrong in Law,i have dealt with the points that form my challange to that order, there is also the issue of payment protection mis-sold with the original secured loan of £5k in 2003 and a consolidation loan of £3k in 2004, which i am locked in a Complaint to the Legal Complaint Service, due to the conduct of Solicitors Acting for me.

 

But the other issuse that i would like some guidance on is the fact that the amount contained in the credit agreement as being the Amount for Credit the "Cash Loan" is shown as £9k when in fact the total advance under both agreements only came to £8155.65, (i can prove this with Bank Statments).

 

Is this on its own grounds for arguing that the agreement was not properly constructed and as such un-enforcable, i am a bit lost and under imminant pressure so am looking for some help, as i have read things about perscribed terms which are incorrect, being enforcable if they are contained on the same page as your signature ?

 

Please help

[steven4064]

For an agreement to be enforceable under s127(3) it must have your signature and the terms prescribed in schedule 6 of the Consumer Credit (Agreements) Regulations 1983 "within the 4 corners of the document" as you say. THere is a tacit assumption that the terms must also be correct. If you can genuinely prove that the amout of creit is wrongly stated, then that would make the agreement unenforceable IMO.

[pinky123]

Thanks for the info I have now started a new thread and here is the link

 

 

http://www.consumeractiongroup.co.uk/forum/general/199044-request-aqua-c.html#post2162086

[jsunn]

Thanks Steven for your reply, i appreciate your assistance, i have noticed on here a mention of these types of claims being Stayed pendning a Ruling in London ?

 

Any idea any one if i will be affected with my application, which is to Appeal a possesion order, via Appelant Notice in which i have asked for a new Trial.

 

I will be including the issues relating to PPI and also if the Agreement is Enforcable at all due to the Cash in the Agreement being aroung £800.00 more than i actually recived, in the Skeloton Argument i am preparing.

[diddydicky]

hi steven

 

i was interested in your comment a few posts back in which you stated that an agreement for a credit card should be headed credit card agreement as opposed to just credit agreement

 

all of my credit card agreements are headed credit agreement and none mentions the word card

 

are you saying that this makes all of them not properly executed and need to be enforced bya court?

 

thanks

[steven4064]

Thanks Steven for your reply, i appreciate your assistance, i have noticed on here a mention of these types of claims being Stayed pendning a Ruling in London ?

Latest information is that this only applies to cases where the debtor is bringing a case against the lender for the court to determine enforceability under s142.

are you saying that this makes all of them not properly executed and need to be enforced bya court?

I think so. Have a look at the regulations - http://www.consumerforums.com/resources/templates-library/57-statutes/176-consumer-credit-act-1974-and-related-regulations-

[user2006]

Hi all, need a little help with the enforcability of a MBNA agreement. they have reply with a copy of the original but it does not contain documents mentioned within it I.e "right to cancel" and PPI . the PPI was taken out at the same time, im a little confused as the whether this needs to be in the original agreement.

 

also the section about APR looks wrong

 

Purchases APR 15.9% - Monthly 1.2408%

balance transfers APR 18.3% - Monthly 1.2408%

Cheques APR 18.3% - Monthly 1.2408%

Cash APR 18.3% - Monthly 1.2408%

 

How can the monthly rate be the same for two different rates (i.e 15.9% & 18.3%) think i might be having a blonde moment>?

any help much appriciated!

[rizel23]

Can anyone advise that if a say creditor could not supply a valid, signed credit agreement would the account(s) be closed if the debt was not enforceable? With reference to credit cards, thanks