It finally arrived!

[cerberusalert]

I can't make out the top right hand of page one too clearly, but by what I can see the prescribed terms are not present. Are the credit limit, APR%, repayment terms etc shown within the four corners of the signature page?

[cerberusalert]

As it stands it's unenforceable, mainly because it's not legible but more probably because it doesn't contain the prescribed terms.

[cerberusalert]

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

[cerberusalert]

They are not legally entitled to the info no, but it may be wise to send them a very basic I&E form showing that you can only make minimum payments, then in the worse case scenario and it went to the CCJ level you could show the judge that you were committed in your desire to make payments which would be in your favour.

[cerberusalert]

Try this one; Free Income and Expenditure Form

 

Only include basic wages no overtime etc.

[cerberusalert]

The choice is yours as to whether you send a SAR, which will cost £10, in order to see exactly what data they do have on you or a CPR request.

 

With the SAR they have to send everything the hold including application (which they have already sent), agreement, bank statements etc (which will enable you to reclaim any unfair charges they may have added). If they do not send an enforceable agreement you can safely assume there isn't one & if they were daft enough to go to court without it they'd lose.

 

The CPR request below cost nothing and it also asks them for a copy of the agreement, again if they send the same old rubbish you can safely assume that an enforceable agreement doesn't exist;

 

Dear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

 

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by 4pm on XXXX Date ( Give 21 days to respond)

 

Yours,

Print name do not sign

[cerberusalert]

Well, if they've sent you a defective Default Notice & they have closed the a/c they can only claim the arrears anyway. There is nothing more you can do until they try to enforce payment & to be honest I don't think it would be worthwhile sending a SAR because you'll probably get the same rubbish back. In the meantime have a read of; http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

[cerberusalert]

Send Morecrap this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[cerberusalert]

Ive had no personal dealings with them no, but I'm a fair man so I treat them all with equal contempt.

There is little chance of anyone turning up but if you're concerned you can warn them off with this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

It's chucking it down here at the moment & my dog keeps looking at me soulfully wanting to go for her morning walk. She might have webbed feet but I don't.

[cerberusalert]

Ignore them, you'll only get into a game of postal ping-pong otherwise.

[cerberusalert]

Send those idiots this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

[cerberusalert]

No just the solicitors.