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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Invalid Default Notices


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I'm not entirely sure the highlighted part is correct. I've always understood the correct form for them is 'before'. The prescribed terms for the content of the DN are below, so whatever way you look at it it is expected that payment reaches them before x date.

 

Not having looked at the DN in question I can't comment on that itself, but I'm pretty sure the use 'before' is ok - it does normally go in our favour though as the banks seem incapable of realising this and don't give enough time for remedy:)

 

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH

 

"IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]"

 

Hi Lexis - know what you mean. However if they rely on the word Before and not By it's possible for the debtor to question when this is, before could mean the date the notice was received, or perhaps its the date the day after...all of these being before the date shown. Technically use of the word before could mean (subject to a semi-absurd argument) that payment of default sums was actually due a year ago thus you weren't given the required 14 days!

 

Daft yes, but equally it opens the date issue up to scrutiny and questionning and this should never be the case.

 

In contrast use of the word by makes it plainly clear as this is clearly the latest payment can be made.

 

I'd rely on the bit about the debtor being presented with a clear document rather than being presented with a puzzle. Sure we understand what the default is getting at but there are many in society who do not or cannot understand a demand unless it is perfectly clear and beyond contemplation.

 

:D

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Greetings.

I am confused with respect to the amount of arrears due in relation to an UR?

Where one states in their letter of acceptance of UR:-

"...I note that you are only now entitled to claim those arrears genuiely due at the time of the termination..."

Are the arrears always and only those stated in the DN regardless of when termination occurs?

Because in some instances termination (via either a letter of termination or demanding full balance) is some time after an invalid DN.

Thanks for any assistance..

Would appreciate any feedback on this?

Many thx..

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I am just after some advice on default notices and DCA's

 

I had a loan with Sainsburys which defaulted in April 2004, the default has now dropped off my credit report but Lowell Financial are chasing for the debt. I had CCA'd them and they came back with a CCA which may possibly be enforceable. (the only thing thats wrong with it is that the Right to Cancel box is missing by the signature)

 

While I'm waiting for the SAR's to come back I just wondered if there was an invalid default notice on there what does it mean? As the default has already disappeared off my credit report there's no reason to contest it is there?

 

The one thing I'm worried about is Lowell applying for a CCJ and I just wondered if there was anything to do with defaults that I can use against them?

 

Thanks for any replies, also I seem to remember reading somewhere if you have an invalid default and the debt has been passed onto a DCA and it goes to court or something that they can apply for a new default? I may have read it wrong though as it was a little while ago!

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Hi Jamtastic,

By default Notice we refer to the letter they send about a month prior to putting a notice of default on your credit file stating that you have breached conditions of your agreement and stating what you can do to remedy the breach. (confusing, I know..:) ).

It's only of value if you actually have your copy of the Default Notice letter, and if it's not worded correctly or given you enough time to remedy. In 2004 that would have been 7 days.

A Subject Access request would probably only throw up a record of when they issued the DN, they don't keep copies.

When was the last time you made a payment or acknowledged this account in writing? If it's more than 6 years then it would be Statute Barred.

 

Elsa x

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Jamtastic

 

Firstly we need to know if your alleged agreement was a cancellable agreemeent.And we also need the date you allegedly concluded that agreement.Without divulging personal details can you give the date agreement was allegedly made.

 

s67(b) determines whether you agreement is cancellable

which category applied to you if any?

 

 

67. Cancellable agreements.

 

A regulated agreement may be cancelled by the debtor or hirer in accordance with this Part if the antecedent negotiations included oral representations made when in the presence of the debtor or hirer by an individual acting as, or on behalf of, the negotiator, unless

(a)the agreement is secured on land, or is a restricted-use credit agreement to finance the purchase of land or is an agreement for a bridging loan in connection with the purchase of land, or

(b)-the unexecuted agreement is signed by the debtor or hirer at premises at which any of the following is carrying on any business (whether on a permanent or temporary basis)—

(i) the creditor or owner;

(ii) any party to a linked transaction (other than the debtor or hirer or a relative of his);

(iii) the negotiator in any antecedent negotiations.

 

You must not fall into any of the conditions specified in (b) i-iii for the agreement to be cancellable

 

 

m2ae

Edited by means2anend
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Greetings.

I am confused with respect to the amount of arrears due in relation to an UR?

Where one states in their letter of acceptance of UR:-

"...I note that you are only now entitled to claim those arrears genuiely due at the time of the termination..."

Are the arrears always and only those stated in the DN regardless of when termination occurs?

Because in some instances termination (via either a letter of termination or demanding full balance) is some time after an invalid DN.

Thanks for any assistance..

 

The arrears will be those due at the point of termination for example :-

 

The OC sends a DN then while the DN is active demands the full amount. Arrers would be those shown on DN.

 

The OC sends a dodgy DN insufficient time etc then sends a termination letter 1 month latter, arrears will be the amount on the DN plus the 1 month.

 

The OC sends a dodgy DN insufficient time then terminates at the date on DN arrears will be those shown on the DN

 

The OC sends a dodgy DN then terminates a year later arrears will be amount on DN + 1 year. Though you could argue that the agreement ends when they say it will 14 days latter. I think DD did a post about this.

 

As always termination is the key, If you believe that they have terminated and have a dodgy DN. You may need to prove you have accepted the UR as DD has said many times a UR letter is belt and braces. But stopping payments is another or both together. At the end of the day it's your choice.

 

I would be interested to hear peoples view on sending a UR letter receiving a reply to it then paying off the arrears?

 

Pumpytums

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I am just after some advice on default notices and DCA's

 

I had a loan with Sainsburys which defaulted in April 2004, the default has now dropped off my credit report but Lowell Financial are chasing for the debt. I had CCA'd them and they came back with a CCA which may possibly be enforceable. (the only thing thats wrong with it is that the Right to Cancel box is missing by the signature)

 

While I'm waiting for the SAR's to come back I just wondered if there was an invalid default notice on there what does it mean? As the default has already disappeared off my credit report there's no reason to contest it is there?

 

The one thing I'm worried about is Lowell applying for a CCJ and I just wondered if there was anything to do with defaults that I can use against them?

 

Thanks for any replies, also I seem to remember reading somewhere if you have an invalid default and the debt has been passed onto a DCA and it goes to court or something that they can apply for a new default? I may have read it wrong though as it was a little while ago!

 

Could be statute barred, has it been more than 6 years since you made a payment or admitted to it in writing?

 

 

Pumpytums

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Jamtastic

 

Firstly we need to know if your alleged agreement was a cancellable agreemeent.And we also need the date you allegedly concluded that agreement.Without divulging personal details can you give the date agreement was allegedly made.

 

s67(b) determines whether you agreement is cancellable

which category applied to you if any?

 

 

67. Cancellable agreements.

 

A regulated agreement may be cancelled by the debtor or hirer in accordance with this Part if the antecedent negotiations included oral representations made when in the presence of the debtor or hirer by an individual acting as, or on behalf of, the negotiator, unless

(a)the agreement is secured on land, or is a restricted-use credit agreement to finance the purchase of land or is an agreement for a bridging loan in connection with the purchase of land, or

(b)-the unexecuted agreement is signed by the debtor or hirer at premises at which any of the following is carrying on any business (whether on a permanent or temporary basis)—

(i) the creditor or owner;

(ii) any party to a linked transaction (other than the debtor or hirer or a relative of his);

(iii) the negotiator in any antecedent negotiations.

 

You must not fall into any of the conditions specified in (b) i-iii for the agreement to be cancellable

 

 

m2ae

 

I'm going to have to reread this when I get home as not sure I understand fully, will be back on later! thank you!

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you are confusing a Default Notice with a Notice of Default

 

two different animals!!

 

That's what I thought DD, however OH today received from Cap 1

 

Notice of Default served under s87(1) of the CCA 1974.

 

Payment required within 28 days of the date of the letter etc.

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

We will terminate you account and issue you with a Statement of Default.

 

It also states that if you have a payment arrangement with us - thank you. Please ignore this letter!

 

Muppets! :)

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That's what I thought DD, however OH today received from Cap 1

 

Notice of Default served under s87(1) of the CCA 1974.

 

Payment required within 28 days of the date of the letter etc.

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

We will terminate you account and issue you with a Statement of Default.

 

It also states that if you have a payment arrangement with us - thank you. Please ignore this letter!

 

Muppets! :)

 

They sent me the same on the weekend.

 

capone1.jpg

 

capone2.jpg

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Jamtastic

 

Firstly we need to know if your alleged agreement was a cancellable agreemeent.And we also need the date you allegedly concluded that agreement.Without divulging personal details can you give the date agreement was allegedly made.

 

s67(b) determines whether you agreement is cancellable

which category applied to you if any?

 

 

67. Cancellable agreements.

 

A regulated agreement may be cancelled by the debtor or hirer in accordance with this Part if the antecedent negotiations included oral representations made when in the presence of the debtor or hirer by an individual acting as, or on behalf of, the negotiator, unless

(a)the agreement is secured on land, or is a restricted-use credit agreement to finance the purchase of land or is an agreement for a bridging loan in connection with the purchase of land, or

(b)-the unexecuted agreement is signed by the debtor or hirer at premises at which any of the following is carrying on any business (whether on a permanent or temporary basis)—

(i) the creditor or owner;

(ii) any party to a linked transaction (other than the debtor or hirer or a relative of his);

(iii) the negotiator in any antecedent negotiations.

 

You must not fall into any of the conditions specified in (b) i-iii for the agreement to be cancellable

 

 

m2ae

 

Okay so think I get it now...

 

I signed the alleged agreement at home

(i) I dont conduct any business there and neither does the owner

(ii) there was no party linked to the transaction

(iii) Im not too sure what this means but there wasnt a negotiator there when I signed it

 

The agreement was allegedly made in January 2003

 

I'm not too sure what "the date I allegedly concluded that agreement" means *scratcheshead* but the default was registered on to my account in April 2004 and has since dropped off

 

Hope I got that all right! Thank you!

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Okay so think I get it now...

 

I signed the alleged agreement at home

(i) I dont conduct any business there and neither does the owner

(ii) there was no party linked to the transaction

(iii) Im not too sure what this means but there wasnt a negotiator there when I signed it

 

The agreement was allegedly made in January 2003

 

I'm not too sure what "the date I allegedly concluded that agreement" means *scratcheshead* but the default was registered on to my account in April 2004 and has since dropped off

 

Hope I got that all right! Thank you!

 

 

 

the Lynchpin is where YOU signed!

 

Examples-

 

You go into branch and discuss the general terms with the advisor and are given the unexecuted agreement to sign and a copy of that unexecuted agreement.On this 'occasion' you decide not to sign but take both sets away with you.Or on this 'occasion' you may sign but sign in the wrong place.

So on this Occasion it remains an unexecuted agreement..This situation is regulated by-

 

62. Duty to supply copy of unexecuted agreement. — (1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, but on the occasion when he signs it the document does not become an executed agreement, a copy of it, and of any other document referred to in it, must be there and then delivered to him.

 

You telephone the branch about taking out a loan or credit card but want both sets sent to you by post..I shall assume for now that 'by an appropriate method' had not amended 'by post' as your agreement was Jan 2003 and this amendment did not take effect until 31/12/2004 in answer to agreements being concluded on line.

 

In both of the above cases 'antecedent negotiations have taken place'' see s59]

 

The above scenario is regulated by-

 

62 (2) If the unexecuted agreement is sent to the debtor or hirer for his signature, a copy of it, and of any other document referred to in it, must be sent to him at the same time

 

You said you signed at home therefore you did not fall into any of the conditions in s67(b) paras i-iii

 

Therefore it is a Cancellable Agreement.

 

You now need to find where the forms can be found.Your agreement was Jan 2003..Therefore the Schedules to Consumer Credit Agreement Regulations 1983..

 

Remember just like Notice of Default is a different animal to Default Notice so it goes with Cancellation Notices and a Notice of Cancellation.

 

If my memory serves me correct you should have been given a right to cancel in a required form but cannot remember which..whether it was 'You have a short time to cancel...or You have 14 days ...

 

m2ae

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Once your agrement becomes executed..

 

Section 63 then comes into play...and remember both the executed agreement and a copy of the executed agreement should literally have two sets of signatures on each document 'executed agreement' is defined in s189(1) as signed by both debtor AND lender.

 

 

But I think we should not depart too far from the subject of THIS thread!

 

 

m2ae

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HOMER J you need to see the computor screen printouts for that day and possibly a couple of days before and after.....you will then find more than likely no letter was written accept to say a possible reconstruction .....did you actually receive the letter they say they sent ? on the 8 or 7 without going back to look...just to many threads on here and getting a bit lost as to who's who' and whats said ...come on mods clean it up...

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I have heard a judge will allow the OC to sign the agreement in front of him/her - so preventing that from being a reason to avoid paying the debt.

 

BD

i dont think that could happen unless you ask on what terms then you can dictate your own terms ie not to pass data etc...and if you do not accept the oc terms what then you cannot be forced to accept something just because a smart assed judge thinks he can do what he wants ....

my opinion only but a very strong opinion they would have to jail me for life for contempt because i would never sign under durress...

patrickq1

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P

 

NOT WHAT I SAID - the OC - ORIGINAL CREDITOR - offers to sign in front of the judge and is allowed to do so.

 

If your signature is not there - then I agree it's game over for the OC - no enforceable agreement - as clearly the debtor won't sign then - but the creditor will if given the chance.

 

BD

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the Lynchpin is where YOU signed!

 

Examples-

 

You go into branch and discuss the general terms with the advisor and are given the unexecuted agreement to sign and a copy of that unexecuted agreement.On this 'occasion' you decide not to sign but take both sets away with you.Or on this 'occasion' you may sign but sign in the wrong place.

So on this Occasion it remains an unexecuted agreement..This situation is regulated by-

 

62. Duty to supply copy of unexecuted agreement. — (1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, but on the occasion when he signs it the document does not become an executed agreement, a copy of it, and of any other document referred to in it, must be there and then delivered to him.

 

You telephone the branch about taking out a loan or credit card but want both sets sent to you by post..I shall assume for now that 'by an appropriate method' had not amended 'by post' as your agreement was Jan 2003 and this amendment did not take effect until 31/12/2004 in answer to agreements being concluded on line.

 

In both of the above cases 'antecedent negotiations have taken place'' see s59]

 

The above scenario is regulated by-

 

62 (2) If the unexecuted agreement is sent to the debtor or hirer for his signature, a copy of it, and of any other document referred to in it, must be sent to him at the same time

 

You said you signed at home therefore you did not fall into any of the conditions in s67(b) paras i-iii

 

Therefore it is a Cancellable Agreement.

 

You now need to find where the forms can be found.Your agreement was Jan 2003..Therefore the Schedules to Consumer Credit Agreement Regulations 1983..

 

Remember just like Notice of Default is a different animal to Default Notice so it goes with Cancellation Notices and a Notice of Cancellation.

 

If my memory serves me correct you should have been given a right to cancel in a required form but cannot remember which..whether it was 'You have a short time to cancel...or You have 14 days ...

 

m2ae

 

They posted me the credit agreement, they had already signed it and I'm pretty sure I signed it and sent it back.

 

I've still got my original copy of the credit agreement at home so should I look for a right to cancel form?

 

I'm a little bit confused (sorry) I do have a thread titled Please help - Enforceable Agreement if its getting too off topic for this thread.

 

Unexecuted and executed I'm still not sure I understand the difference, is it just whether you've signed it or not? I'm pretty sure I spoke to someone at Sainsburys bank, they posted out the forms I signed them at home and sent back a copy...

 

Sorry, I'm probably being useless!

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I have written to NatWest demanding they send me a copy of my valid default notice (i never had one) & the CCA agreement or they must remove the default.

 

They still havent sent me a CCA and they are under the impression they do not have to proove the default. They said it was a computer generated letter that went out in 07 and they cannot get a copy. I will bump my relevenat thread on this later and list the contents of the letter...

 

Surely this is wrong?

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I have written to NatWest demanding they send me a copy of my valid default notice (i never had one) & the CCA agreement or they must remove the default.

 

They still havent sent me a CCA and they are under the impression they do not have to proove the default. They said it was a computer generated letter that went out in 07 and they cannot get a copy. I will bump my relevenat thread on this later and list the contents of the letter...

 

Surely this is wrong?

 

Have they demanded the full outstanding balance or sent a termination letter? Have you been making any payments? Have you got a thread of your own on here?

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

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