Help with Me Vs Capquest

[lilly white]

WELL I HAVE had A LOOK AT CCA

 

Does it have the total charge for credit.

 

Also i see ppi are they charges.

[lilly white]

in a word yes

i will get a letter for you do not go to bed

[lilly white]

stolen from pt. he puts it so much better

 

 

Simple

 

 

Dear Sir or Madam,

 

In respect of the credit agreement you have disclosed on the XXXXXXX 2009

 

After seeking legal advice from a Consumer Credit Law specialist i can comment as follows.

 

The agreement you disclosed is improperly executed, it is not compliant primarily with s61(1) Consumer Credit Act 1974 and the consequences are that as it stands the agreement is unenforceable and requires an order of the court pursuant to section 65(1) CCA 1974 to be remedy this problem. you are invited to make such an application for the said order.

 

Upon such an application i will rely upon the following points

 

The agreement is a fixed sum credit agreement, the rate of interest under the agreement is fixed for the term of the loan, there are no items entering into the charge for credit which are likely to be subject to change or variation therefore the agreement requires a term stating the Total Charge for credit with or without a list of its constituent parts, the agreement does not contain this term and therefore breaches Regulation 2 and Schedule 1 Para 9 Consumer Credit Agreement Regulations 1983.

 

The agreement must as a consequence of para 9, also include a term stating the total amount payable, again this agreement does not contain such information and therefore the agreement also breaches Reg 2 and Schedule 1 para 11 Consumer Credit Agreement Regulations 1983 and therefore the agreement does not comply with the regulations made by the secretary of state under the powers given by s60(1) of the 1974 Act and accordingly the agreement doesn ot comply with the strict requirements of s61(1)(a) Consumer Credit Act nor did it comply with s61(1) © Consumer Credit Act 1974

 

These breachs are clearly prejudicial to me as on entering into the agreement i was not givne the informatiuon that the Consumer Credit Act required to be made clear, i was not aware of the true cost of borrowing.

 

I would further highlight that xxxxxx egg subscribes to the Banking Code, as a requiremento f the code, they are required to lend responsibly and they clearly have failed in their duty under the code

 

my contention is that the court should not make an enforcement order, my authority for this contention would primarily be the case of Wlaker v SPPL in the Chester High Court before HHJ Derek Halbert. however if the court were minded to make an order for enforcement my argument would fall directly upon Rank Xerox Finance Limited vs Hepple CCLR 1994 1 and in this case the court taking into account a single breach of schedule 1 Agrement Regs reduced the amount of debt from £5000 to £500 to compensate the debtor for the prejudice caused

 

in view of this and in view of the fact you require an order from the court to enforce this agreement as clearly set out within the act, and the House of Lords in Wilson and First County Trust 2003 UKHL 40, i would invite your proposals to settle my dispute. i would also advise that i am informed that , i am able to apply to the court to consider this matter pursuant to section 142(1) CCA 1974 if no suitable agreement can be met.

 

however i trust this will not be necessary

 

I look forward to your settlement proposals

 

Sleep well

[lilly white]

well ,sleep well, me thinks you have many options.maybe to many ,hey ho

 

 

The very best regards

 

Lilly White