1st credit and Lloyds TSB Platinum credit card

[hunterandthehunted]

just think it would be clear cut and probably worth mentioning

somewhere in my defence.

 

i reckon it was the original number and they have altered it to suit

july 03 onwards.

 

will post up shortly

[vjohn82]

just think it would be clear cut and probably worth mentioning

somewhere in my defence.

 

i reckon it was the original number and they have altered it to suit

july 03 onwards.

 

will post up shortly

 

All adds weight to the case

[hunterandthehunted]

there you go... you judge

also is that a signature and date from the bank?

[vjohn82]

Ok... well this could be viewed by any judge as you scribbling something out... therefore the "original" document becomes even more important to view prior to the proceedings...

 

CPR 31.3 ;-)

[hunterandthehunted]

Ok... well this could be viewed by any judge as you scribbling something out... therefore the "original" document becomes even more important to view prior to the proceedings...

 

CPR 31.3 ;-)

 

especially with my allegations;-)

 

do i need to include in WS or as i have that in in my bundle just keep it up my

sleeve (so to speak)

Edited November 25, 2009 by hunterandthehunted

[hunterandthehunted]

do these relate

 

. Under S61 of the Act any agreement regulated by the Act, must contain certain Prescribed Terms under regulations made by the Secretary of State under S 60(1) These Prescribed Terms are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are terms stating the credit limit, the rate of interest; and repayment terms.

 

 

 

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)/6 Signing of agreement

6 Signing of agreement

(1) The terms specified in Column 2 of Schedule 6 to these Regulations in relation to the type of regulated agreement referred to in Column 1 (and no other terms) are hereby prescribed for the purposes of section 61(1)(a) of the Act (the terms which must be contained in a document if a regulated agreement is not to be improperly executed) and of section

127(3) (the terms which must be contained in a document before any enforcement order can be made under section 65(1), if section 61(1)(a) was not complied with).

.

[(2) The lettering of the terms of the agreement included in the document referred to in section 61(1)(a) of the Act,

containing all the prescribed terms of the regulated agreement, and of the information contained in that document for the

purpose of conforming to these Regulations shall--

(a) apart from any signature, be easily legible and, where applicable, be of a colour which is readily distinguishable from the background medium upon which the information is displayed; and

(b) apart from that inserted in handwriting, be of equal prominence, except that headings, trade names and names of

parties to the agreement may be afforded more prominence whether by capital letters, underlining, larger or bold print

or otherwise.]

[vjohn82]

In short; yes.

 

The above paragraph, section 60/61, is from the legislation. The paragraphs below are the regulations expnading on the text. You can imagine these documents could be absolutely massive with every amendment etc... therefore it is split so that administration is slightly easier.

 

If you have ever looked at the Civil Procedure Rules you will notice there are Practice Directions too... I am led to believe this is how the CCA and regs work in tandem

[hunterandthehunted]

lovely i will print that. now for the next one..

 

the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No.1557 requires that the lettering in every copy of an executed agreement be easily legible. It is denied that the ‘Agreement’ produced by the Claimant is an agreement within the terms of the Act.

 

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/2 Legibility of notices and copy documents and wording of prescribed Forms

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in 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, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

(5) Where words are shown in capital letters in any Form prescribed in Parts I to IV of the Schedule to these Regulations and are reproduced in copies of unexecuted or executed agreements they shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in that Form except lettering inserted in accordance with paragraph (2) above and no less prominence than that given to any other information in the copy apart from the heading to the agreement or copy, the annual percentage rate of charge for credit, trade names, names of parties to the agreement or lettering in the document inserted in handwriting.

(6) Where words are shown in capital letters in any Form prescribed in Part VI of the Schedule to these Regulations and are reproduced in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act they shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than

any other lettering in that Form except lettering inserted in accordance with paragraph (2) above.

 

[vjohn82]

Well that's the important bit... (no. 2) but only if the documents print is too small or mashed up so you can't make out the exact wording.

[hunterandthehunted]

Well that's the important bit... (no. 2) but only if the documents print is too small or mashed up so you can't make out the exact wording.

 

is there more i need as i gave this an exhibit number, i dont want to be

printing 50 pages x 3

 

and these 2 go together, which bits do i need or do i take the 10 pages and 2 pages for the amendments

 

Furthermore section 88(1) of the Act requires that a default notice must be in the prescribed form. The prescribed format for a default notice is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

 

 

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Enforcement, Default and Termination Notices)

Regulations 1983 (SI 1983/1561)

1983 No 1561

Consumer Credit (Enforcement, Default and Termination Notices) Regulations

1983

[vjohn82]

No you should just print the relevant part

[hunterandthehunted]

No you should just print the relevant part

 

it all seems amalgamated together and is hard to distinguish which bits

i need as on my WS it doesnt refer to section???????? and para????

[vjohn82]

it all seems amalgamated together and is hard to distinguish which bits

i need as on my WS it doesnt refer to section???????? and para????

 

Your WS:

 

13. Further, the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No. 1557(Exhibit HH6) requires that the lettering in every copy of an executed agreement be easily legible. It is denied that the ‘Agreement’ ,(Exhibit HH2) produced by the Claimant is an agreement within the terms of the Act.

 

The part you need to print off:

 

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

1983 No 1557

 

 

Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

 

Made - - - 24th October 1983

Authority: Consumer Credit Act 1974, ss 58(1), 64(1), 180, 182(2), 189(1)

 

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

 

Regulations 1983 (SI 1983/1557)/1 Citation, commencement and interpretation

 

1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 and shall come into operation on 19th May 1985.

 

(2) In these Regulations--

"the Act" means the Consumer Credit Act 1974;

"Agreements Regulations" means the Consumer Credit (Agreements) Regulations 1983 and any reference to any

provision of those Regulations includes in the case of modifying agreements which are, or are treated as, regulated

agreements a reference to Regulation 7 of, and the appropriate paragraph of Schedule 8 to, those Regulations;

"cancellable agreement" includes an agreement which is a modifying agreement treated under section 82(5) of the Act

as a cancellable agreement; and

"lettering" includes figures and symbols.

 

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

2 Legibility of notices and copy documents and wording of prescribed Forms

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in 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, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

Page 2 of 31

(5) Where words are shown in capital letters in any Form prescribed in Parts I to IV of the Schedule to these

Regulations and are reproduced in copies of unexecuted or executed agreements they shall be afforded more prominence

(whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in that Form except

lettering inserted in accordance with paragraph (2) above and no less prominence than that given to any other information

in the copy apart from the heading to the agreement or copy, the annual percentage rate of charge for credit, trade names,

names of parties to the agreement or lettering in the document inserted in handwriting.

(6) Where words are shown in capital letters in any Form prescribed in Part VI of the Schedule to these Regulations

and are reproduced in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the

Act they shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than

any other lettering in that Form except lettering inserted in accordance with paragraph (2) above.

 

 

 

[hunterandthehunted]

all done and dusted, i will get SCUMS copy sent by SD mail today and will

take the courts copy in by hand.

 

if **** dont file theirs i will use that letter posted in post 390 to apply for a strike out on two counts.

(lack of statements and no WS)

 

 

i have also got to file the pre trial checklist by friday week

Edited November 26, 2009 by hunterandthehunted

[vjohn82]

all done and dusted, i will get SCUMS copy sent by SD mail today and will

take the courts copy in by hand.

 

if **** dont file theirs i will use that letter posted in post 390mto apply for a strike out on two counts.

(lack of statements and no WS)

 

 

i have also got to file the pre trial checklist by friday week

 

Good good...

 

Might also add that you might want to keep "derogatory" comments off the board... I have had problems with a certain company who printed off my posts on here to show to the judge... he thought it was ridiculous but you never know what judge you get.

 

Now sit back and enjoy the rest of your week

[hunterandthehunted]

Good good...

 

Might also add that you might want to keep "derogatory" comments off the board... I have had problems with a certain company who printed off my posts on here to show to the judge... he thought it was ridiculous but you never know what judge you get.

 

Now sit back and enjoy the rest of your week

 

ok thanks

will post up this pre trial check list for some pointers later

[hunterandthehunted]

hi all,

i am just back from the court after filing my witness statement. **** have put in another application which is pending to have the filing of the

witness statements put back.

i was given the option to take mine back but as i have already sent a copy to **** it seemed pointless.

I feel i have played into their hands....

[vjohn82]

Wouldn't sweat it... if they make certain points you can raise them in the hearing anyway.

 

Not a disaster!

[kel123]

Not a disaster but the posibility of an opportunity

 

When you say pending do you mean waiting to go before the DJ or a letter to you in the post?

 

Kel

[hunterandthehunted]

Not a disaster but the posibility of an opportunity

 

When you say pending do you mean waiting to go before the DJ or a letter to you in the post?

 

Kel

 

hi kel,

its waiting to go in front of a DJ.

[cymruambyth]

Compared to my 'document' yours is highly legible!!!

Thank you for pointing me to your WS and for all the questions that you are answering:). I will have to ask some as our circumstances are different, but it will now be a lot less!

[kel123]

What about having a letter ready complaining that you have not received their W/S on by etc. if nothing in the post monday then get it in to the court.

 

Don't hessitate and think [problem] wouldn't do the same across you. Technically if the court does not allow them extra time the DJ should (haha) order them to do so within lets say 7 days or struck out.

 

I know its a bit extra work but it's taking the opportunities as they arrise

[hunterandthehunted]

hmmmm, yes i feel i have got to do something as they dont seem to be

sticking to any of the dates and they have not complied fully with the

standard discoslure order made 27th october.

 

Compared to my 'document' yours is highly legible!!!

 

Thank you for pointing me to your WS and for all the questions that you are answering:). I will have to ask some as our circumstances are different, but it will now be a lot less!

 

no problem cymruambyth,

every little helps

[vjohn82]

hmmmm, yes i feel i have got to do something as they dont seem to be

sticking to any of the dates and they have not complied fully with the

standard discoslure order made 27th october.

 

By all means do whatever you need to do...

[lilly white]

hi all,

i am just back from the court after filing my witness statement. **** have put in another application which is pending to have the filing of the

witness statements put back.

i was given the option to take mine back but as i have already sent a copy to **** it seemed pointless.

I feel i have played into their hands....[/qu

 

no you have not what application have they put in is it amended poc where is it