Im in a mess advise please

[whatamess]

Bump

[tendogs]

Morning WAM, I'm off to court, again, back this evening (this time I'm on the other side of the fence and it seems odd). Wish we could get a look at this document, try taking a photo and see if you can post it that way. Are the prescribed terms within "the four corners of the document"? Even in an outcome where you end up having a judgment entered against you no judge will make you pay more than you can afford. Speak later. John

[whatamess]

Morning, good luck today.

 

Im not sure I have tried taking a photo but you cannot really see anything i will have a think im wondering if i scan it to my email in work can i add it to photo bucket that way?

 

I will have another look at it when i get in tonight it is printed on 2 pages and I think the terms and conditions are on the other page is this what you mean?

 

Whould they sell the debt first before it goes to court?

[whatamess]

Bump

[tendogs]

Morning WAM, didn't go as well as I could have hoped, they managed to have the case set aside even though they had no grounds and they were both the worst for drink, goes to show that it doesn't do to assume that district judges know the law.

Edited March 30, 2009 by tendogs
bid spolling

[tendogs]

OK basic stuff about credit agreements, they should be easy to read and you shouldn't have to hunt about to find prescribed information. If it's the case that the signature page and the prescribed terms and the terms and conditions are on different pages then there must be an obvious link from one page to another, that is, it must be clear that the pages belong to the same document. If that is not the case then you have a defence.

[tendogs]

Selling of the debt is determined by how much it costs them to collect by how likely they are to collect by how much they can sell it for.

[whatamess]

Morning tendogs, its always the way isnt it when you need or want something to go your way it never does, life always seems a battle.

 

Ok I need to figure out what to do next im going to try and scan the doc for you to have alook at, I will try this tomorrow. I think the terms and conditions are printed on the back of the letter, so looks like they have photo copied it but to save paper just stuck it on the back.

 

On Wednesday i need to send out the letter to the others who have failed to send me my CCA's, so the battle commences this takes a while doesnt it, but while i have a dispute with them they are not chasing me for money so thats always a good think I can be stress free for a few more weeks.

 

Thanks again

[tendogs]

Yes chuck you're in for the long haul

[tendogs]

Hi WAM, I'm back. Have a look here: -

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

[whatamess]

Hi Tendogs im on a downer today,thanks for posting the examples to be honest i am still none the wiser, so i have scaned them and sent them to my home address and will try and get them on here with photo bucket, i really want you to have a look for me, as i recived a letter today from them to say that i have to pay the arrears before the 8/4/09 or they are taking further action:

 

a. Terminate loan agreement (ok)

 

b. Exercise out right to duduct money from a credit balance on any other account you have with us (ok dnt have any other accounts)

 

c. Demanding immediate payment of the total amount owing under the agreement. ( what apart of i cant pay do they not understand?)

 

d. If payment is not received, instruct a det collection agency and or take legal proceedings against you for the outstandingbalance and if this results in us obtaining payment in full before the sum would have become due under the agreement, we will allow any appropriate rebate of charges.

 

I know these are just threats but I still feel pretty bad about them, i know there is worst still to come, can they really demand the whole lot from me? I mean surley they can see if i had that sort of money i would be paying the monthly payments.

Thanks

[whatamess]

Bump

[whatamess]

Morning Tendogs,

Ok I really need your help, I cannot get the CCA on here but have been doing my research with all the information you have given me (thanks) and this is what i have come up with, please let me know if you think my CCA is Unenforcable:

 

The terms and conditions are on the back page of the agreement the terms consist of:

Schedule of default & costs

Data protection act notice

Customer data

Is this what you mean by proscribed terms?

 

Also I have notice there is nothing on the agreement that tells me I have a right to cancel, does this make it unenforcable?

 

Last but not least:

Im confused with the amount of APR, my borrowing was £7500, they have charged me £1866 for the the loan, and the total to pay back is £9366, at a rate of 6.4% - Does this sound right to you.

 

This is my last shot at this, to find out once and for all if this one is unenforcable.

Thanks again for all you help

[whatamess]

Bump

[whatamess]

Hi

 

Tendogs normally replies to be me, but he must be busy and i would like somones opinions on this as its getting pretty urgent they are requesting the arrers to be paid in 2 days time. Would greatly appriciate any opinions on this.

 

I really need your help, I cannot get the CCA on here but have been doing my research with all the information that has been given to me and this is what i have come up with, please let me know if you think my CCA is Unenforcable:

 

The terms and conditions are on the back page of the agreement the terms consist of:

Schedule of default & costs

Data protection act notice

Customer data

Is this what you mean by proscribed terms?

 

Also I have notice there is nothing on the agreement that tells me I have a right to cancel, does this make it unenforcable?

 

Last but not least:

Im confused with the amount of APR, my borrowing was £7500, they have charged me £1866 for the the loan, and the total to pay back is £9366, at a rate of 6.4% - Does this sound right to you.

 

This is my last shot at this, to find out once and for all if this one is unenforcable.

Thanks again for all you help

[whatamess]

Hi

 

I have been posting on the other board (getting out of debt) and have had some fantastic advice.

Last month i CCA all the companies i was in debt to, today i recived a letter from one of them to say they were not going to be pursuing the outstanding balance (they didnt have a enforcable CCA) but it will remain on my record for 6 years. I thought they had to take all info off my credit file, can someone confirm? If so what letter do i need to send to let them know they have to take this off my file?

 

Also i have had a letter back from citi card to say that under the section 78 cCa 1974 does not require citifinancial to provice me with a copy of my cca, is this correct? if not can someone advise me on the next step to take with them.

 

I also want to say to everyone who is loosing hope, DONT many times i have thought about giving up with this as its been hard but i got one result out of 4 and to be honest i didnt think i would get any so carry on with it, the support on this site is just fantastic and got me through it.

[cerberusalert]

Last month i CCA all the companies i was in debt to, today i recived a letter from one of them to say they were not going to be pursuing the outstanding balance (they didnt have a enforcable CCA) but it will remain on my record for 6 years. I thought they had to take all info off my credit file, can someone confirm? If so what letter do i need to send to let them know they have to take this off my file?

 

It will remain on your file for six years from when it was registered, however you can try a method devised by Toulose LeDebt to get them to remove it Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

 

Also i have had a letter back from citi card to say that under the section 78 cCa 1974 does not require citifinancial to provice me with a copy of my cca, is this correct? if not can someone advise me on the next step to take with them.

 

If the account is still open & it's a regulated agreement they do have to comply with your request, make a complaint to your local Trading Standards, the OFT and the FSA.

[whatamess]

Ok will do thanks for your help with this.

[whatamess]

Oh sorry one other thing, if i make a complaint to trading standards will they have to send it to me?

Basically do you think they are pulling a fast one to not send me it as they know its unenforceable?

 

Thanks

[cerberusalert]

TS should chase them up for it although you might have to be pushy with them to get their collective butts into action.

 

There could be several reasons why they won't send it, there isn't one, it's unenforceable or the three year old dealing with it doesn't have a clue.

[vjohn82]

Ummm... really need to see the agreement ideally if you can scan it?

 

But a credit agreement must contain prescribed terms...

 

The prescribed terms for enforceability under s.127 (3) are given in Schedule 6 of the Consumer Credit (Agreements) Regulations 1983:

 

- A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

(a) number of repayments;

(b) amount of repayments;

© frequency and timing of repayments;

(d) dates of repayments;

(e) the manner in which any of the above may be determined;

or in any other way, and any power of the creditor to vary what is payable.

 

- A term stating the rate of any interest on the credit to be provided under the agreement

 

- A term stating the amount of the credit

 

 

The above terms are inflexible and are backed up by case law;

 

i. McGinn v Grangewood Securities Ltd

Court of Appeal 23 April 2002 3 All ER 145; 105 Solicitors' Journal 588

 

ii. Wilson and others v Secretary of State for Trade and Industry (at Court of Appeal, known as Wilson v First County Trust) House of Lords 10 July 2003

 

iii. London North Securities -v- Meadows (Supreme Court of Judicature Court of Appeal) 14 June 2005Dimond -v- Lovell ([2002] 1 AC 384 )

 

iv. Wilson and another v Hurstanger Ltd (In The Supreme Court Of Judicature Court Of Appeal (Civil Division) 4 April 2007)

If it is missing those prescribed terms then you have a defence

[whatamess]

Lol, ok will do just that thanks again

[whatamess]

Hi there, thanks for your reply, I have tried to upload the scan onto photobucket but i just cannot get it to work.

 

Seems that my CCA does have all the prescribed terms on it, although it doesnt say what date my payments will be it does say the duration is 86 months and payments will be monthly, so i suppose with this one i have to accept that it is enforcable :-|

 

I did have a result today i had a letter from Littlewoods to say they are not going to collect the debt so I have won one out of 4 not bad going better then nothing

[diamondgirl]

One out of 4 so far is good going it can only get better. 6.4% wasn't a bad rate it looks about right but I don't know a great deal about loans. Sure someone with loads of knowledge will be along soon. Keep up the good work. DG:)

[whatamess]

Thanks diamondgirl it has given me the boost i need to keep going.