Discussion on enforceability of agreements

[the_shadow]

I thought it was 21 days too, followed by a further letter allowing another 21 days as per templates near start of thread to show have been "very reasonable"

 

I thought it was a N244 not an N149 you sent afterwards too

 

Yep, if I read the original posts right then you have to show being reasonable to protect yourself against possible costs:shock:, i.e. CCA/SAR/CPR 21 days, CPR 14 days then N244 possibly

 

N149 is the allocation questionnaire form:?

 

Confused PmW

[davey77]

Yes with the CPR you have to show you have been reasonable and taken every other route to requesting documents before you ask the Court.

 

CCA = 12 + 2 days

 

S.A.R 40 days

 

CPR 21 days X 2 (2 letters) (I gave mine 28 days to show how nice and reasonable i was!)

[joneseyblod]

Ive done CCA, SAR, CPR 2 x 21 days, and even done a CPR/LBA type letter giving a further 21 days to try to show being reasonable.

[the_shadow]

Ive done CCA, SAR, CPR 2 x 21 days, and even done a CPR/LBA type letter giving a further 21 days to try to show being reasonable.

 

Blimey.. if you dont mind naming them... who is it with?

[castor1952]

Steven 4064,

Know you have a life away from this site. But you asked me to post the copy agreement with Nat West (who didn't ammend the original once my partner cancelled her PPI within the cooling off period). Tried to scan but have horrilble feeling that it can't be enlarged on this thread. If so can I send a copy as an attachment on hot mail as that works so it can be read.

Look forward to any observations and thanks again.

[steven4064]

castor

 

the best way to post here is to put the scanned image on photobucket and post the link here using the icon

[landy_alert]

 

I am investigating the numbers (dates?) printed on the bottom of both sides to see if they tally up - should they be exactly the same, does anyone know?

 

Also, what about the fact that there is no box to accept or decline PPI or any mention of PPI anywhere on the agreement, yet OH has been paying PPI since the date the card started?

 

Thanks again,

 

Landy x

 

The numbers on the bottom left of the first side of CCA are as follows -

 

DPBT-01/05

 

and on the second side bottom right -

 

MB-101-F-02-04

 

and below this -

 

DP-12-04-8113-2.9/15.9 6

 

Now the 01/05 looks like a date (card was taken out in 05/05)

 

and the second two numbers each contain what could be a date -

 

02-04 and 12-04.

 

Am I right in thinking these 'dates' should be the same if from the same agreement?

 

I would very much appreciate your opinions, please, both on this and the lack of provision for a PPI option!

 

Thank you,

 

Landy x

[underdog13]

Yes with the CPR you have to show you have been reasonable and taken every other route to requesting documents before you ask the Court.

 

CCA = 12 + 2 days

 

S.A.R 40 days

 

CPR 21 days X 2 (2 letters) (I gave mine 28 days to show how nice and reasonable i was!)

 

Is it essential to send for a SAR before requesting under CPR?

[steven4064]

No

[deepdebt]

Hi All,

 

Getting back to the subject of enforceability of agreements, could anyone with the knowledge please take time to look at post #7 of this thread and possibly let me know what the verdict is:-

 

Blair, Oliver & Scott Prompted into action

 

Also if possible look at post #22 on this thread and give me the verdict:-

 

1st Credit Reponse to CCA request, start of a long year.

 

As you will see I quite new to this game and not sure where I stand with these two.

 

Many thanks for any help you can give, if you need more from me just ask.

[steven4064]

deepdebt

 

The agreement in post #7 of http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/180523-blair-oliver-scott-prompted.html is enforceable as it has the prescribed terms (Immediatley above the notice "IMPORTANT YOU SHOULD READ THIS CAREFULLY") and your signature.

 

The agreement in post #22 of http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/180521-1st-credit-reponse-cca.html is only enforceable if the two pages are front and back of the same document as the signature is on the first and the prescibed terms are on the second (under point 7)

 

Have a read of http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html - that will make it all clear (I hope)

[underdog13]

No

 

That's what I like - succinct answers; thank's Steven;) (You just saved me a tenner:))

[steven4064]

That's what I like - succinct answers;

I believe that if you have nothing to say you should refrain from saying it

[underdog13]

I believe that if you have nothing to say you should refrain from saying it

 

Edited March 5, 2009 by steven4064
quote tag reinstated

[WonderingHino]

Hi Steve, I too want to thank u for all your useful insite.

 

Do you however know if i can challenge a mortgage agreement in the same way that i can challenge a credit card or loan agreement and if so how do i go about doing this.

 

Many thanks.

[castor1952]

 

 

 

 

Steven 4064

Hope this works.

Thanks

Edited March 5, 2009 by castor1952

[castor1952]

Might work this time

[steven4064]

Hi Steve, I too want to thank u for all your useful insite.

 

Do you however know if i can challenge a mortgage agreement in the same way that i can challenge a credit card or loan agreement and if so how do i go about doing this.

 

Many thanks.

Mortgages are usually more than £25K and therefore are not regulated by the CCA 1974.

[underdog13]

What are the implications if a creditor has made an error with their date stamp on your application form/agreement? One of mine has the creditor's date preceding the date I signed by about one month. As this was an application form and, I believe, therefore a pre-contractual agreement, doesn't this change the whole nature of the document?

[the_shadow]

What are the implications if a creditor has made an error with their date stamp on your application form/agreement? One of mine has the creditor's date preceding the date I signed by about one month. As this was an application form and, I believe, therefore a pre-contractual agreement, doesn't this change the whole nature of the document?

 

Think from reading the regs that makes it incorrectly executed but enforceable by a court order. See Stevens thread re: docs for possible clarification

 

HERE

[underdog13]

Thanks pmw:)

[davey77]

What are the implications if a creditor has made an error with their date stamp on your application form/agreement? One of mine has the creditor's date preceding the date I signed by about one month. As this was an application form and, I believe, therefore a pre-contractual agreement, doesn't this change the whole nature of the document?

 

What if the date stamp is 2 years after you originally signed it? (They waited 2 yrs before stamping it).

Actually it's missing all Prescribed Terms but wondered what the implication would be if the terms had been present.

[carteroo]

hi all im having abit of a fight with barclaycard,can someone tell me if this is an enforceable credit agreement? the first two pictures are of the letter i received along with the agreement.

 

http://i664.photobucket.com/albums/vv10/carteroo5/img003.jpg

 

http://i664.photobucket.com/albums/vv10/carteroo5/img004.jpg

 

http://i664.photobucket.com/albums/vv10/carteroo5/img005.jpg

[the_shadow]

hi all im having abit of a fight with barclaycard,can someone tell me if this is an enforceable credit agreement? the first two pictures are of the letter i received along with the agreement.

 

http://i664.photobucket.com/albums/vv10/carteroo5/img003.jpg

 

http://i664.photobucket.com/albums/vv10/carteroo5/img004.jpg

 

http://i664.photobucket.com/albums/vv10/carteroo5/img005.jpg

 

Its a fast track application form, it has a signature so could possibly be enforceable if it had any prescribed terms on which it doesnt so I would say No way jose to Barclaysharks... is this all they sent you, no back to the app form at all?

[carteroo]

they dids end another 4 pages of terms and conditions etc