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Pinky69

Breach of Company Law - No company address on agreements

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I have been putting the final touches to a court case I am lodging on Monday. Everybody check the application forms they received from CrapONE they tried to pass off as agreements. Mine has no address on it!:eek: That is not only a breach of the consumer credit agreements regulations and the CCA but also a breach of the Companies Act 1985. They must also have the fact that they are a limited company on it. Vint raised on another thread that perhaps they should also have their company registration number on it.

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I have been putting the final touches to a court case I am lodging on Monday. Everybody check the application forms they received from CrapONE they tried to pass off as agreements. Mine has no address on it!:eek: That is not only a breach of the consumer credit agreements regulations and the CCA but also a breach of the Companies Act 1985. They must also have the fact that they are a limited company on it. Vint raised on another thread that perhaps they should also have their company registration number on it.

 

On the "standard" crap one applications that they post out as agreements, the second page which holds the t&c has the name and registered company address right at the bottom. However thats if the two pages link at all :-)

 

S.


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I take it those are the current T&Cs. The application and those T&Cs cannot link - mine are a decade apart. In addition, as you know, the prescribed terms must be in the same section as the signature box. There are no prescribed terms linked to the application at all. There are no original T&Cs to say they had the right to vary the T&Cs!:D

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Nope not current, its the ones supplied as part of a SAR reply and supposedly the back of the application front. However in my court case with capital one they mentioned in their defence that they scan the front of the application and destroy the back :-D

 

The address is right at the bottom but as I say... can they link it.

 

capital_cca2_06_03_09.pdf

S.


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Nope not current, its the ones supplied as part of a SAR reply and supposedly the back of the application front. However in my court case with capital one they mentioned in their defence that they scan the front of the application and destroy the back :-D

 

The address is right at the bottom but as I say... can they link it.

 

[ATTACH]11431[/ATTACH]

S.

Is this a past case shaddow?

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Most applications do not have the correct heading. The ref to it being an agreement regulated by CCA 1974, is tucked away in small print in the sig box. Maybe we need to have a new list of agreement faults to throw their way, alongside prescribed terms.

 

under Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)/SCHEDULE 1 Information to be Contained in Documents Embodying Regulated Consumer Credit Agreements other than Modifying Agreements it states

 

(1) Subject to paragraph (2) below, a heading in one of the following forms of words--

(a) "Hire Purchase Agreement regulated by the Consumer Credit Act 1974";

(b) "Conditional Sale Agreement regulated by the Consumer Credit Act 1974";

© "Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974"; or

(d) "Credit Card Agreement regulated by the Consumer Credit Act 1974",as the case may require.

(2) If none of the headings in 1(a) to (d) above are applicable a heading in the following form of words--"Credit Agreement regulated by the Consumer Credit Act 1974".

under Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)/SCHEDULE 1 Information to be Contained in Documents Embodying Regulated Consumer Credit Agreements other than Modifying Agreements it states

 

(1) Subject to paragraph (2) below, a heading in one of the following forms of words--

(a) "Hire Purchase Agreement regulated by the Consumer Credit Act 1974";

(b) "Conditional Sale Agreement regulated by the Consumer Credit Act 1974";

© "Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974"; or

(d) "Credit Card Agreement regulated by the Consumer Credit Act 1974",as the case may require.

(2) If none of the headings in 1(a) to (d) above are applicable a heading in the following form of words--"Credit Agreement regulated by the Consumer Credit Act 1974".

 

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I've made the correct heading - Credit Card Agreement - as part of my case. It may be a De Minimus matter on its own but added to a whole lot of other breaches of law, it builds up the case. What was the outcome of your court case? And what a stupid thing to say - they destroy part of the agreement. Why??

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I've made the correct heading - Credit Card Agreement - as part of my case. It may be a De Minimus matter on its own but added to a whole lot of other breaches of law, it builds up the case. What was the outcome of your court case? And what a stupid thing to say - they destroy part of the agreement. Why??

 

I settled for less than I was claiming I was happy to sign the consent order;)

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

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***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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I FOUND THIS ABOUT HEADINGS WHICH SEEM TO CONTRADICT WHAT IS SAID HERE DUE TO DATING FROM MAY 05 - OR AM I GETTING THIS WRONG?

 

 

UPDATE: what follows in red is sadly, not correct for GG's Application Form, because the details below did not come into force until early 2005, as I have later found out. It only applies to Agreements made after around May 2005.

This section is still useful to know, so I've left it in for general information, but for the purposes of looking at GG's Application Form, it does not help. Please therefore read this part in red, but do not use it unless your Application Form/Agreement is from around May 2005 onwards.

 

They may have the Agreement Heading incorrect. Under Regulation 2(1) to the Consumer Credit (Agreements) Regulations 1983, for the document to be regarded as an Agreement it would need to have been headed (note the word Card is missing on your Application Form):

Credit Card Agreement Regulated by the Consumer Credit Act 1974

That's if it is to be in accordance with the Column 2 Information appearing at 1(d) of Schedule 1.

Quote:

(1) Subject to paragraph (2) below, a heading in one of the following forms of words--

 

(a) "Hire Purchase Agreement regulated by the Consumer Credit Act 1974";

 

(b) "Conditional Sale Agreement regulated by the Consumer Credit Act 1974";

 

© "Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974"; or

 

(d) "Credit Card Agreement regulated by the Consumer Credit Act 1974",as the case may require.

 

(2) If none of the headings in 1(a) to (d) above are applicable a heading in the following form of words--"Credit Agreement regulated by the Consumer Credit Act 1974".

 

(3) Where the document and a pawn-receipt are combined, the words ", and Pawn Receipt," shall be inserted in the heading after the word "Agreement".

 

(4) Where the document embodies an agreement of which at least one part is a credit agreement not regulated by the Act, the word "partly" shall be inserted before "regulated" unless the regulated and unregulated parts of the agreement are clearly separate.

 

(5) Where the credit is being secured on land the words "secured on" followed by the address of the land shall be inserted at the end of the heading.

 

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/169316-john-lewis-cca-struck.html

 

 

 

"the details below did not come into force until early 2005, as I have later found out. It only applies to Agreements made after around May 2005."

 

 

Could really do to know where this above claim for the MAY 05 DATE re the "card" word is to be found.

Edited by questioner

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