Jump to content


  • Tweets

  • Posts

    • hey i typed in dpd in our search...look what i found as the very 1st hit.......😇    
    • I see on November 8 I suggested that you read around all the stories especially the Hermes stories on the sub- forum. Yet you just have reported that you wrote them and suggested that you go to some kind of ADR. Why is that? Have you seen that mentioned in any of the stories on the sub- forum? What ADR did you have in mind? Do you think that such a scheme exists anywhere? We would love to know. If you want to move on with this then you need broadly to follow the advice here and that begins with reading all the stories and then taking the same path. Sorry to say but you've wasted three weeks. If you want to take control of this then you need to read the stories, take the suggested action. My site team colleague above has suggested the next step although that was clear from many stories which are already on this sub- forum
    • Update:  Apologies, it's a bit of a lengthy read.  I’ve been back and forward with Virgin Media after requesting a SAR using their online request form.    I didn’t wish to provide proof of my current address.  The SAR is in relation to my Virgin Media account at my previous address.   I don’t have any utility bills from my previous address so I sent alternative documents with my address in an attempt to prove my identity.  These were not accepted.  In addition, I’ve provided a copy of my driving licence with my old address details and am currently awaiting a response.   Time is ticking so after taking advice to support a mortgage application  in an attempt to improve my credit file I ended up phoning Virgin Media (recorded the call) .  The outcome of which was that I paid but this has not been positive for my credit file.    I spoke to an advisor and was asked if I wished to pay the £75.15.  I explained as per original post, said I didn't owe the outstanding amount etc.   I can enter details if it would be helpful.  I was told that it is not in their hands now, that I don’t owe virgin media, it’s been written off now.  Again, I was told that I don’t owe Virgin media anything.     I explained that my credit file went from 0 missed payments to a default of £75 after raising a complaint and that I received no information as to what the outstanding amount was for.  I stated that my post had been subject to re-direction with Royal Mail.  I re-iterated my complaint and what I wanted to resolve it.  I was advised that Virgin media don’t deal with that, so I asked if there was a department who does deal with that?   I was then transferred to the collection team where I explained everything again.  I was advised that the last bill was already generated on their system.  On reflection, I don’t understand how it was the last bill if they’re saying they did not receive confirmation that I cancelled.  I re-iterated through out the call that I was not aware of what the £75.15 outstanding charge was for, that it was different to my usual monthly bill and that my credit file was marked as up to date until I raised a complaint.  Then a default appeared and I don’t know what it’s for?   I was told that if I paid today that Virgin Media would remove the default.  They would accept payment today and it would be removed from my credit file.  I went back and forward re-iterating my issues.      I was told it  had already been through the process, it was final and so the money has to be settled. I was also advised that my account had gone through valid processes.  I said that there were issues with processing requiring an explanation as I’d not been advised of any charges and re-iterated the issues; credit file, DCA’s requesting differing amounts, correspondence, complaint responses, lack of compliant responses;cancellation, lack of response to 2 deadlock request letters.     The advisor then gave me her word that the default would be removed from my credit file if I was willing to pay today. She said I have her word. I asked for clarity that if I paid that she was stating that the default would be removed and not marked as satisfied.   She assured me it would be removed.    The advisor acknowledged there was still an open complaint.  I asked if she was saying the best she could offer me today to resolve my complaint was that I pay and the default be removed with no other explanation to the issues raised. She said she guaranteed that if I Pay 75.15. you have my word it will be removed when we receive payment.  They could not tell me what the bill was for nor provide a breakdown only that it had been generated.   I said it didn’t resolve my complaint, but I would pay based on what I’d been advised regarding my credit file.  I asked for the complaint be kept open as it was not yet resolved.  I asked for an email address for customer service, complaints, or the person dealing with my complaint.   I was told they don’t have a customer service e-mail address and that they are the complaints team as well.   Again, I stated the compliant was not resolved.    I asked how it could be resolved and  I requested an e-mail address/contact number for customer service/complaints/phone number.    She did offer for an advisor to call me back.    It’s been two weeks since I paid.  I remained on the phone while she said she was requesting the removal of the default.  However, the default remains outstanding on my credit file.  I didn't  receive a receipt as advised.  The money has been taken from my bank account. I have not received any correspondence either.   I'm awaiting the SAR still. 
    • Thank you. As there doesn't seem to be an address in their website, is the Companies House  address the correct place to send the letter of claim? https://find-and-update.company-information.service.gov.uk/company/01421773        
    • you do a letter of claim for DPD and send it to their registered UK address.
  • Recommended Topics

  • Our picks

  • Recommended Topics

unenforceable agreements


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4552 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi. I am new to the forum. I have sent the first letter requesting a copy of my agreement which BofScot failed to reply to within the timescale of what I understand to be 12+2 working days.

I then sent the second letter stating that they were in breach of the timescale under the CCa and as such the account has become unenforceable.

This morning I have received from them a copy of the agreement.

Can anyone please advise me what step I should now take as they failed to even acknowledge my first letter.

 

Thankyou

Link to post
Share on other sites

Well it seems on the face of it they have complied with your request....however the big question is...is it enforceable....are you able to scan/photo it and put it up here ? (minus the personal details)....use www.photobucket.com if need be (free)

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

Thankyou for your reply. Do the companies have to send the agreement within the timescale of 12+2 working days of my first request or have I misunderstood this?

I will ask my husband to scan the documents this evening as I really haven't a clue! It does seem however, that BofScot have not sent the full document only pages 2, 3 & 4 of what should be 11 and the pages they have sent are copies of a fax.

thankyou

Link to post
Share on other sites

They are in default of your request after 12+2 working days, however they are no longer in default now they have supplied it !! but is it enforceable ? does it contain the prescribed terms ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

And do have a look here also - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

CCA RULES FOR PRESCRIBED TERMS

CONSUMER CREDIT ACT

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Prescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

For a Restricted Use Debtor Creditor Supplier

  • Where the dealer is the supplier and the creditor is the one providing the finance.
  • The money can only be used for the purpose it is given.
  • There is no interest on the purchase (the cash price is the same as the total price)
  • And there is no advance payment

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreements executed before that date.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

And do have a look here also - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

CCA RULES FOR PRESCRIBED TERMS

CONSUMER CREDIT ACT

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Prescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

For a Restricted Use Debtor Creditor Supplier

  • Where the dealer is the supplier and the creditor is the one providing the finance.
  • The money can only be used for the purpose it is given.
  • There is no interest on the purchase (the cash price is the same as the total price)
  • And there is no advance payment

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreements executed before that date.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...