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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • London1971
      247 Money - refused payment holiday & payment plan

      By London1971 · Posted

      In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Ethel Street
      Backing out of mutual house swap

      By Ethel Street · Posted

      Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • abjb
      247 Money - refused payment holiday & payment plan

      By abjb · Posted

      Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • jk2054
      Faulty Laptop returned for free fix - advised DPD house no. of neighbour/my safe space - left parcel outside - it was stolen

      By jk2054 · Posted

      I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • NewsBot
      Record savers rushed to open Isas this April thanks to new rules and top rates

      By NewsBot · Posted

      New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Tescos CCA - is it valid?

cal21c

By cal21c
in General Debt Issues

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cal21c

cal21c

Posted
Posted

Hi Everyone,

 

This is my third post and can I just say "thank you" to everyone who has contributed to this forum - it has been very useful and enlightening.

 

I have been pursuing unenforceability on several Credit Card Companies. Tesco also replied with this CCA after the original 14days. I'd just like an opinion from people who have been through this in the past as to whether this is a solid agreement or not? I'm not sure if this can be caught in unenforceability anyway as the date is May 2008?

 

Thank you in advance for your help! Hopefully I can contribute to this forum in future and help others too.

 

Tesco CCA BL.jpg photo - cal21c photos at pbase.com

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Dinkjames

Dinkjames

Posted
Posted

Unfortunately, I do believe that they have an enforceable agreement there as it has all the prescribed terms as required.

 

However, I would make the comment that the agreement is not properly executed as it does not contain the signature of the creditor and there is no space on the page for a creditor to sign. See http://www.consumeractiongroup.co.uk/forum/show-post/post-1747471.html

 

Is there a 2nd page that could have been on the back containing their signature?

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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cal21c

cal21c

Posted
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Posted

Nope they just send through a lot of T&Cs and my original application form?

 

I'll double check tonight but I am pretty sure that was it. DJ - that link you sent doesn't seem to cover signature of the creditor?

 

Thanks for taking the time to reply everyone!

 

Cal

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Dinkjames

Dinkjames

Posted
Posted

In the first quote in Steven's thread, which I linked to above.

 

61.--(1) A regulated agreement is not properly executed unless--

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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cal21c

cal21c

Posted
  • Author
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Sorry DJ - you are a absolutely correct - I am in work at the moment and trying to read this whilst doing other things.

 

Ergo this is an invalid agreement?

 

Thanks again

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Dinkjames

Dinkjames

Posted
Posted
Ergo this is an invalid agreement?

 

No, it is an agreement that is not properly executed and can only be enforced by an order of the court. In order for the courts to enforce the agreement, a number of other things are considered:

 

a) Is the agreement in the prescibed form and with all the prescribed terms

b) The terms must be legible

c) It must be signed by both debtor and creditor

d) Rules regarding copies to Debtor must be complied with

e) If it is a cancellable agreement, the debtor must be given notice of his cancellation rights and how to exercise that cancellation.

 

So, the agreement is not invalid, but can only be enforced by the courts.

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Dinkjames

Dinkjames

Posted
Posted

Cal, just keep in mind, that if it did go to court and the only infraction was the lack of signature, you have about a 99% chance that the judge will enforce the agreement. And the bank would probably get costs.

 

So, I would not use the lack of signature as my only leg to stand on.

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Dinkjames

Dinkjames

Posted
Posted

Why would you want to show them the errors of their ways? Your original scan is page 2 of 2. Where is page 1 of 2?

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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cal21c

cal21c

Posted
  • Author
Posted

There was a reason I didn't bother posting page 1 - I'm in work at the moment so I will have a look.

 

Triton have started pestering me now so I thought I would write to them to tell them that as it stands it is unenforceable? Or is this not the right approach?

 

Thanks,

 

Cal

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Dinkjames

Dinkjames

Posted
Posted

As I stated before, IMO the agreement is enforceable, it has just not been executed properly. A situation easily remedied by the creditor signing the document, however, there is no space on the document for them to sign it, unless their signature is on page 1.

 

I would simply send Triton a 'In Dispute' letter. Keep your powder dry and don't let them know that the document is incorrectly executed.

 

Any sign of a DN yet?

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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cal21c

cal21c

Posted
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Sorry, DN?

 

This arrived at the end of last week - What letter should I send to them, please? :-)

 

http://i695.photobucket.com/albums/vv317/cal21c/20090720-TritonTescoLegalBlank.jpg

 

Can I send an in dispute notice and say it is unenforceable but not tell them why?

 

Cheers,

 

Cal

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