Illegible agreements - is there any case examples?

[griffin036]

Abby, many thanks for taking the trouble to so comprehensively reply to my original question.

 

It would appear that the OC has made a fatal error in their reproduction/reconstitution of the original ( 1998) agreement in that they have omitted to include any details of default charges. I know this is a fact as I have had sight of and compared what they sent with an original set of t+c's from the same provider.

[Dotty50]

But Kaz was the defendant Abby!

[Abby25]

Sorry Dotty I didn't mean in reply to the case you quoted .. !!! I just meant in general .... sorry if I confused !!!!

 

As far as I am aware any ommission or error, means that the original is required .. so your reason for the original is that the recon version is not representative of what you signed ... (I don;t know if I would tell them why though ..... thats for you to know and them to find out I would say !!)

 

Go through it with a fine tooth comb, once, twice a dozen times ... check everything over and over again ... look for any little thing thats wrong, the more errors the more the original is definately required, as it can be proved to the court that the recon version can no be relied upon.

 

Abs x

[Dotty50]

Abby, it takes very little to confuse me!

 

I am with you now, yes I agree, look for any faults and go from there.

 

Still need a Judge who will listen on the day though, seems to be the minority at the moment.

[Abby25]

Ain't that the truth Miss Dotty !!!

 

The best we can do is make sure that our letters to them, are thorough, accurate when we quote case law etc, and professional ..... which we can do if we all help each otther when needed ...

 

That should if nothing else make them think twice and hard about pursuing us through the courts ... and a possible precendent being set against them .... it has been known a DJ to understand consumer law and agree that the CCA is to be followed not ignored to suit ... I know pinch me !!

 

I have had great and valuable advice from cag .. and I try and give back when I can ...

 

Isn't great to know that you are NOT on your own in this ..... I thank every day the day I found CAG,. and the wonderful help and wisdom that I've gained as a result ..... sorry had a bit of a Mills & Boon moment then !!!

 

Love

 

Abs xx

[griffin036]

Clarification on a relatively ( LOL!) simple question please.:

 

Is a creditor lawfully entitled to issue a default notice demanding the repayment of the full balance of a credit card account, WHEN they are in default of a s78 cca1974 request, and have been reminded of their failiure to provide that information on more than one occasion? The balance of that default notice being inclusive of charges and interest accrued whilst they had not provided relevant information persuant to a s78 request.

[debbbbsy]

no.

but they all do it.

[griffin036]

So what specific part of the CCA1974 are they disregarding?

[Sand-Dancer0191]

Sections 77, 78 and 79 of the Consumer Credit Act 1974 give you the right to request a copy of the executed credit agreement for your account from the creditor. The creditor is either the original creditor (for example, the credit card company) or a company to whom the agreement has been assigned.

 

Section 77 applies to regulated fixed sum loans (e.g. bank loans),

Section 78 applies to regulated running account credit (e.g. credit cards), and

Section 79 applies to regulated consumer hire agreements (e.g. hire purchase agreements)

 

In all cases, if you request a copy of your agreement and quote the relevant section of the Consumer Credit Act, the creditor must comply within 12 days. If no money is owing (and no money is to become owing) the creditor does not need to comply. They also need not comply if you have made a similar request in the previous month.

 

If the creditor fails to comply with the prescribed period (12 days), then they may not take any enforcement action until they do comply. For agreements signed before 2006, if they fail to respond within a further calendar month, then they commit an offence (Note - not a criminal offence).

 

Enforcement actions include:

- Requesting or demanding payment

- Sending you a default notice

- Giving information relating to the account to any third party, particularly credit reference agencies

- Passing the account to a debt collection Agency or assigning it to a Debt Purchaser.

 

As noted above, the creditor must send a copy of your agreement on request under one of these 3 sections of the Consumer Credit Act.