Marbles Agreement - No prescribed terms

[Michael888]

Hi - please can someone help ? I have recieved my signed copy of my agreement dating ack to 2000..... it does not have any of the prescribed terms ? I would like to upload for someone to review ?

 

How do I do this ? Also, if there are no prescribed terms does this make the agreement invalid ?

 

Thanks

[citizenB]

Hi - please can someone help ? I have recieved my signed copy of my agreement dating ack to 2000..... it does not have any of the prescribed terms ? I would like to upload for someone to review ?

 

How do I do this ? Also, if there are no prescribed terms does this make the agreement invalid ?

 

Thanks

 

You will find instructions on how to post a document using photobucket in the following link. Scroll to the end of the post linked.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1151870.html

 

If there are no prescribed terms on your document then it is unenforceable, but best we see it first to be sure.

 

I would suggest you post the document on your own thread, you can put a link here for people to follow:)

Edited September 4, 2009 by citizenB
post merged from another thread, title amended

[Michael888]

Thanks CitizenB - please see attached.

 

Michael888

01-09-2009 19;24;40.pdf

Edited September 4, 2009 by citizenB

[Michael888]

Hi - please can someone review the attached, I have recieved the signed copy of my agreement however it does not seem to have any of the required prescribed terms.

 

Does this mean that the agreement is unenforceable ? If so what should my next action be ?

 

See link and also attached

MARBLES.pdf

http://i753.photobucket.com/albums/xx177/michael888_photos/SCAN0004.jpg

 

Thanks in advance

[cerberusalert]

Send the muppets this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign

[Michael888]

Cerberusalert - thanks for your response, in view of this should I stop making my monthly payments or should I wait for thier response ?

 

Does this mean I am in quite a strong position ?

 

Thanks again

 

Michael888

[cerberusalert]

Yes you can withold payment because what they have sent is not an enforceable agreement.

 

Does this mean I am in quite a strong position ?

Yes but expect them to protest that it is enforceable.

[Michael888]

If I stop payment will I recieve a default notice - thus affecting my credit record ?

[Huff&Puff]

Who are you paying? If it ios a DCA then the default notice has almost certainly been sent. If not that's another reason they cannot enforce.

[cerberusalert]

There's a good chance yes, creditors can be vindictive.

[Michael888]

My payments are direct to Marbles and I have never missed a payment ... should I wait for their response ?

[Huff&Puff]

From what I hear, a single default won't have much effect anyway - there can be all kind of reasons for a default. I wouldn't know from experience though, I ended up with a few. It's a good job I don't ever want any credit ever again, I suppose.

[Hardupnotfedup]

My payments are direct to Marbles and I have never missed a payment ... should I wait for their response ?

 

Funny that Marbles seem to be doing that to a lot of people selling the debt even when people are making agreed payments. Must be desperate for a quick buck, HFC have always been a joke. I got one of their employees dismissed for forging my signature on PPI agreement a number of years ago. Might be a good time for VERY low Full and final offers. Without prejudice obviously:)

[sunflower99]

Thanks CitizenB - please see attached.

 

Michael888

Hi Michael

Looks just like it just an application form to me and i can not see any prescribed terms

Edited September 4, 2009 by citizenB

[Guest Old_andrew2018]

Bump

[citizenB]

Michael, I have merged all of your threads relating to this.

[pedross]

Hi Michael

 

I think there is some confusion here, so before doing anything at all you should make sure that the situation is clear and the advice you receive is relevent to your situation.

 

Of course it might be just me who is confused and if it was two threads and they have been merged that could be where the confusion arose.

 

From what I have just read you have a credit card with Marbles and you are making the payments on time. You have never had a default notice which means the letter above needs some alteration before use.

 

If you stop making payments you will receive a default notice in due course and it will affect your credit rating. You will have difficulty getting car finance, a loan, a mortgage, a credit card or even a mobile phone.

 

It has not been passed to a DCA and you are under no pressure from anyone. So, you must decide what you want to achieve. The agreement is the same as many Marbles agreements posted on this forum and I have read of at least one person who has won a case based on it being unenforceable. It certainly does not contain the prescribed terms and your chances are therefore very good.

 

Marbles do make errors with default notices but I don't know what would happen if you wrote to them before they send one and point out it is defective.

 

I think you need to clarify your exact position and your desired result. If you owe £500 then I may make a completely different suggestion than if you owe £15,000. If you are getting married next year and will be looking for a mortgage then again it needs taking into account.

 

I trust this will have a good effect on your decision process.

 

Pedross

[joemay]

From what I hear, a single default won't have much effect anyway - there can be all kind of reasons for a default. I wouldn't know from experience though, I ended up with a few. It's a good job I don't ever want any credit ever again, I suppose.

 

I have 1 default on my cra and I couldn't open a bank account had to get a cashminder account, so 1 default does have an effect.

[Michael888]

Pedros - thank you for your response. I have sent a letter before action and have not recieved a response ? Any thoughts on how I should proceed ?

 

Thanks in advance

Michael

 

Hi Michael

 

I think there is some confusion here, so before doing anything at all you should make sure that the situation is clear and the advice you receive is relevent to your situation.

 

Of course it might be just me who is confused and if it was two threads and they have been merged that could be where the confusion arose.

 

From what I have just read you have a credit card with Marbles and you are making the payments on time. You have never had a default notice which means the letter above needs some alteration before use.

 

If you stop making payments you will receive a default notice in due course and it will affect your credit rating. You will have difficulty getting car finance, a loan, a mortgage, a credit card or even a mobile phone.

 

It has not been passed to a DCA and you are under no pressure from anyone. So, you must decide what you want to achieve. The agreement is the same as many Marbles agreements posted on this forum and I have read of at least one person who has won a case based on it being unenforceable. It certainly does not contain the prescribed terms and your chances are therefore very good.

 

Marbles do make errors with default notices but I don't know what would happen if you wrote to them before they send one and point out it is defective.

 

I think you need to clarify your exact position and your desired result. If you owe £500 then I may make a completely different suggestion than if you owe £15,000. If you are getting married next year and will be looking for a mortgage then again it needs taking into account.

 

I trust this will have a good effect on your decision process.

 

Pedross