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Moorcroft Advice Please


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ok, lets deal with the clear inaccuracies posted on this thread.

 

Studio, they provide credit ( see s9 CCA 1974) under running account credit (see s10 CCA 1974)

 

Therefore there is a requirement for " a document, in the form prescribed by the regulations made under s60 CCA 1974, containing the prescribed terms to be sigend by the debtor in the prescribed manner"

 

this is clear from s61 CCA 1974

 

now if you have no signed agreement, far from the nonsense being spouted that it does matter, it most definatley DOES MATTER

 

no signed agreement means it is improperly executed (see S65(1)CCA 1974) and the consequences of an improperly executed agreement is that the agreement is not enforecable against the debtor without order of the court

 

now then, can the court make an order for enforcement? for debts entered into pre 6th April 07, the answer is

 

 

NO IT CANNOT

 

Just see s127(3) CCA 1974

 

 

Please please please stop advising people that no signed agreement doesnt matter little miss complaint as it clearly is incorrect :)

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Why does everyone instantly advise to do a CCA request or SAR no matter what the query is?

easy to answer

 

the reason is that the creditor or its agents, (that means debt collectors) must by law on demand supply a copy of the agreement upon which they claim the debt is based, if the debt is regulated by the 1974 Act

 

so thats why they do it

 

Simples:D

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