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Hi

 

I am new to this forum, but would be grateful for some help, posted cca off to cahoot and they sent back this below was hoping somebody could tell me if it enforceable or not as they are threating court action.

sorry won't let me insert, can anyone help!!!

Edited by CONFUSED45
spelling

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Hello and Welcome,

 

You could try 'photobucket'..........

 

Image hosting, free photo sharing & video sharing at Photobucket

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

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Hi

could somebody help me, I was wondering if I should now send a SAR request, I was going to send one back in July, but was advised to hold fire as their default notices were not exactly true. but it now been a month and the only default notice received is for late repayment charges.

could somebosy please advise me as what todo next.

thankyou

confused

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Hi, confused.

 

I'm going to move this thread, hopefully some kind people will have a look and advise.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi

I would really appreciate someone's views,as I am getting desparate

 

confused

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Hi

 

Got letter in post todaydated 2/08/09, stating that very disappointed I have taken no action to either pay the amount or contact them.

If we are able to agree a suitable repayment plan immediately, all facilities on your account will be withdrawn and further action will be taken to recover the whole debt.

 

Would really appreciate somebodies help!!

confused

Edited by CONFUSED45

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It makes references to condition '10' (where is condition 10) ? and reference to condition 7.2 ?? They don't seem to have sent you the t's and c's ? And I can't see anything that relates the pages together certainly when you read in line with this -

 

A valid credit agreement must contain certain terms within the signature document (s.60(1)(2) CCA 1974). These core terms are the credit limit, repayment terms and the rate of interest (SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms must be within the signature document. (Column 2 schedule 6). s.61(1)(a) states the agreement must contain all the prescribed terms and be signed by both the debtor and on behalf of the creditor.

 

Further, s.127(3) CCA 1974 makes the account unenforceable if it is not in the proper form and content or improperly executed.

 

In Wilson and another v Hurstanger Ltd (2007) it was stated “In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties … and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s.61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement”.

 

It could depend on how a judge sees it too....did you say they had sent you a default notice ? was that compliant ?


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

 

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

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Hi 42man

 

Thankyou for clarifying my application, the only default notice is for late repayment fee, not sure what to do next should I challenge their applicatiion, send an SAR or just wait for the default notice to come.

regards

confused

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It makes references to condition '10' (where is condition 10) ? and reference to condition 7.2 ?? They don't seem to have sent you the t's and c's ? And I can't see anything that relates the pages together certainly when you read in line with this -

 

A valid credit agreement must contain certain terms within the signature document (s.60(1)(2) CCA 1974). These core terms are the credit limit, repayment terms and the rate of interest (SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms must be within the signature document. (Column 2 schedule 6). s.61(1)(a) states the agreement must contain all the prescribed terms and be signed by both the debtor and on behalf of the creditor.

 

Further, s.127(3) CCA 1974 makes the account unenforceable if it is not in the proper form and content or improperly executed.

 

In Wilson and another v Hurstanger Ltd (2007) it was stated “In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties … and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s.61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement”.

 

It could depend on how a judge sees it too....did you say they had sent you a default notice ? was that compliant ?

 

Hi 42Man

 

Got this letter from Moorcroft debt recovery today 17th November09, got until 19th nov 09 to reply, I have given a link to the letter below, I would be most grateful if you could look at it and advise me what todo next,

 

http://i863.photobucket.com/albums/ab199/confused44/img049.jpg

 

Thankyou

confused

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Can I put a query on this one?

 

On the 'agreement' it says its covered by the CCA 1974, but it says it is for a credit card and current account.

 

I didn't think a current account was covered by the CCA 1974 and also I didn't think you could have one agreement for 2 separate entities?

 

 

Regards

 

David

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Hi David

 

I don't think its right either, but I am getting desperate now as what todo as I have to get a letter in the post today as the deadline is tomorrow.

 

regards

confused

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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

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Can I put a query on this one?

 

On the 'agreement' it says its covered by the CCA 1974, but it says it is for a credit card and current account.

 

I didn't think a current account was covered by the CCA 1974 and also I didn't think you could have one agreement for 2 separate entities?

 

 

Regards

 

David

 

 

I often wonder about this. To me it should be "partially regulated by the CCA1974", as is required with PPI on credit cards.

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Hi

 

Long time since my last post, but just received letter dated 15/01 from moorcroft pre-court division enclosing copy of said agreement again, giving me 14days to contact them, if I fail them, then they shall be left with no alternative but to commence further action.

 

could some one advise me what todo next the 14 days are up, but only received it yesterday

 

confused:-?

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i wouldn't worry too much about court, just threat after threat from dca. are there any charges etc on the account? ppi?

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Hi

 

Thanks for coming back to me, I have just had the usual charges late payment, default charges.

I sent them a letter on 19th november, which 42Man suggested in link 13. I guess this is their reply to it but they have not enclosed none of the other requested material. Shall I send the letter again or just ignore this one.

Your comments are much appreicated.

 

confused

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This is a bit of an interesting one. For Credit cards there are three "prescribed terms" - the terms referred to in the Hurstanger judgment - the Credit Limit, Repayment Obligations and the rate of any interest.

The Credit limit and repayment obligations are there.

The interest rate is less certain. The creditor seems to have stated a rate of 0%. If that 0% is only a promotional rate, then the rate of interest may not have been stated (or correctly stated). If the 0% rate isn't formally a promotional rate, but in reality the lender always intends, after a certain length of time to vary that rate to some other rate, then it is still possible for the court to look to that reality, rather than to the form.

 

So, was the 0% rate promotional? How long did the promotion last? Do you have the statements relevant to the very beginning of your use of this card (which will show what interest rate was being applied)

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This is a bit of an interesting one. For Credit cards there are three "prescribed terms" - the terms referred to in the Hurstanger judgment - the Credit Limit, Repayment Obligations and the rate of any interest.

The Credit limit and repayment obligations are there.

The interest rate is less certain. The creditor seems to have stated a rate of 0%. If that 0% is only a promotional rate, then the rate of interest may not have been stated (or correctly stated). If the 0% rate isn't formally a promotional rate, but in reality the lender always intends, after a certain length of time to vary that rate to some other rate, then it is still possible for the court to look to that reality, rather than to the form.

 

So, was the 0% rate promotional? How long did the promotion last? Do you have the statements relevant to the very beginning of your use of this card (which will show what interest rate was being applied)

 

Hi

Thanks for coming back to me, this was a promotional rate of 0%, not sure how long it was as this was a internet based account so no paper statements were ever produced. I have sent a SAR, but no response and sent the letter in post 13 by 42man to morrcroft, but only ever received said agreement.

 

confused

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Hi

 

received letter from Moorcrofts yesterday,

 

stating that I had not been in contact to discuss repayment for this debt. we require payment in full now or an acceptable offer of repayment to prevent any futher action.

 

In order to stop our recommending our client to to undertake further action such as instructions to solicitors to issue court proceedings we are prepared to accept payments of £x per month. If you wish to take advantage of this repayment opportunity you must make a payment using the payment slip attached. On receipt of the first payment we will forward further payment slips.

 

unless payment is not received by 10.00am 22/2/10 we may recommend court proceddings to be commenced against you without further notice.

 

Such action could incur you in further costs and may also affect your future credit rating. It is therefore in you best interests to give this matter your immediate attention.

 

Should you need assistance please contact us

 

Yours sincerely

 

should I reply or just ignore this letter.

 

confused45:?

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Hi Siteman42

 

I sent your letter to Moordcrofts posted in link 13 Robinson Way/Horwich Farrelly - going to court?. received back copy of said credit agreement again but no further information that was requested. I have today received the following letter dated 01/02/2010 giving me until 08/02/2010 which is impossible as today is 04th March 2010. ( I have posted a copy below) not sure whether to send letter out again from post 13 or do i ignore this letter from Moorcrofts as idle threats.

 

http://i863.photobucket.com/albums/ab199/confused44/img058.jpg"

 

I hope you can help me

 

regards

confused

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Hi

 

got this letter from moorcrofts, not sure what todo next :confused:

http://i863.photobucket.com/albums/ab199/confused44/img059.jpg

 

http://i863.photobucket.com/albums/ab199/confused44/img060.jpg

 

 

confused

Edited by CONFUSED45
download was too small

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Could you please confirm to what extent, if any, you are prepared to admit liability for any credit advanced to you

 

Ha ha ha ha ha! As if anyone is going to admit any liability to a DCA.

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What has happened re the CCA and the 0% interest rate on the original agreement? Have you said it was unenforceable because of not being in the correct format?

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