help with jd williams, what next

[zazen.warrior]

What concerns me is if there is no signed credit agreement, how do they prove when the account started and which act it falls under?

[georgie2404]

well thats wot i thought, and at the top of the agreement it says under the consumer credit act 1974. so i dont think its right what they are saying i just dont know what letter to send next

[B3rty]

I'm getting confused whats the point you are trying to make ( sorry to be blunt)..

 

For all dates they can send a reconstucted copy of the original with out your signature along with T&Cs at the date you signed and current T&Cs, for pre 2007 CCAs if it doesn't contain prescribed terms the court can't enforce if its post April 2007 they can.

 

I think you are saying that your name was different pre April 2007 so they have provided a new CCA with the wrong name....if so then its still binding and you can put this in dispute.

 

Hope this makes sense I am starting to get confused myself ...lol

 

BTW its still the 1974 Act....dont take my word look at the link..

 

PPS...what date did your name change?

[zazen.warrior]

You don't have to keep corresponding with them, especially this bunch, as long as you have made it clear to them that you consider the account to be in dispute I would ignore them completely, but do post anything you receive from them on here for an opinion.

[georgie2404]

i changed my name oct last year, i asked for a copy of my cca on 5th jan they sent me a blank cca with my old name on it not signed or dated. so i sent the next letter saying they had defaulted. then i recieved the letter iv posted on here telling me that i took the account out in 2007 and that they do not have to send me a signed copy, and that they can take me to court and get me to pay. but how do they prove iv had the account with no signature or dates or my name on it??? sorry its so confusing

[georgie2404]

oh and everything iv sent is in my new name and im stilll getting letter in my old one!!!

[georgie2404]

i changed my name in oct last year and all the letters iv sent say my new name on. i asked for the cca on 5th jan 2009 i just got the copy of the credit agreement with my old name on it no date either. so i then sent the letter saying that they had defaulted cos it was not signed i then got the letter posted on here saying i took my account out in 2007 so it does not have to be signed or dated so how do i know this is my account or when it was taken out. they say they can take me to court with just what they sent me iv put a photo bucket up too but dont know if u can see it. i just dont know the next step.

[B3rty]

Unfortunately the 2006 amendment means they can apply to the court to enforce unexecuted agreements so the fact you have had goods on credit will be enough for the court to give a judgement

 

It would appear that you have taken this out after April 2007 in your old name and this would be covered under the new regs.....as I said before it still refers to the 1974 act on agreements...they refer the the SI 1983 1557 which still apply to copies of agreements and this says they can omit the signature on copy of Docs..

 

Where it could get interesting is should they take you to court under CPR part 16.7 they should produce a copy of the original signed agreement and I am not sure how this would sit with the removal of 127(3)

[georgie2404]

sorry im repeating myself didnt know it had posted it lol

[B3rty]

This is what SI 1983-1557 says...

 

SI is statatory Instruments and these were brought out to make small changes to the ACT..this one in 1983 still applies to signed copies

 

 

3 General requirements as to form and content of copy documents

(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument

or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act

shall be a true copy thereof.

(2) There may be omitted from any such copy--

(a) any information included in an executed agreement, security instrument or other document relating to the debtor,

hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the

Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed

agreement delivered to the debtor under section 63(1) of the Act, the date of the signature by the debtor of an

agreement to which section 68(b) of the Act applies);

© in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of

the Act, the name and address of the debtor or hirer; and

[(d) in the case of any copy of an executed agreement given to the debtor under section 77(1) of the Act for fixedsum

credit, or under section 78(1) for running-account credit, under which a person takes any articles in pawn, any

description of the article taken in pawn.

[georgie2404]

does the agreement have to show a credit limit???

[B3rty]

This may be a term or the manner in which it will be determined or that there is no credit limit

[georgie2404]

there is no limit on the agreement

[georgie2404]

so do i wait and see wot happens now then

[version302003]

removed

Edited April 19, 2009 by version302003

[georgie2404]

nope they havent, iv not paid anything since novemeber,

[version302003]

removed

Edited April 19, 2009 by version302003

[georgie2404]

but how do i know my agreement is after that date???? iv got no paper work that says when it was taken out??

[georgie2404]

can anyone help im sure my agreement was taken out b4 the date they are saying!!!

[B3rty]

The only way is to SAR them