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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
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      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
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      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Cca Agreement Is It Enforceable ??


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Hi I was just wandering if someone could take a look at this credit agreement for me.It does contain my signature but not sure if it contains all the prescribed terms. I would like to thankyou in advance for your time.

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Edited by cerberusalert
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The Argos one is unenforceable because it doesn't contain the prescribed terms. The Littlewoods seems to be in order.

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the littlewoods one is the same as mine and blind as a bats and was advised it is unenforcable

 

For what reason?

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In the one above all the prescribed terms seem to be there;

 

It's an interest free credit agreement so no %APR would be shown.

 

The amount of credit will be determined at a later date which is allowed to be stated.

 

The repayment terms are there.

 

It is signed

 

The name and address is stated (bottom left corner)

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In the one above all the prescribed terms seem to be there;

 

It's an interest free credit agreement so no %APR would be shown.

 

The amount of credit will be determined at a later date which is allowed to be stated.

 

The repayment terms are there.

 

It is signed

 

The name and address is stated (bottom left corner)

 

 

so it appears that both mine and blind as a bats is enforcable also then ?

as a matter of interest even if it is interest free would it not have to say ie. 0% interst 0% apr as how would you know it was interest free

sorry to ask but being advised it was unenforcable i have been battling for 18 months with them and lowells on the advice it was unenforcable

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I can't compare yours because you've removed it, but having had a quick glance through your thread it appears they sent you an agreement without your signature didn't they?

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hi cerb

sorry i cannot keep logged on for some reason

as for mine, in post 1 on my thread i did state i only signed it because i was told i couldnt get any cash back/commission

i think its post 17 that advices whats wrong

but mine and BAAB's is exactly the same as the one posted above.

guess i had better get this sorted and start paying them

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Well pt2537 said

Well, what they have sent really sucks

 

firstly no name and address of the debtor

 

then no term stating the rate of interest to be applied to the credit

 

no statement of APR or Total charge for credit

 

wow, what a real good credit agreement you have there

__________________

 

But in this case there is no interest it's on 20 or 52 week terms which is interest free.

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Sorry about the banter above, I've asked one of the other site team to have a look at your Littlewoods CCA, I hope I'm proven wrong and it is unenforceable.

 

As for the Argos one, you can send them 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

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there is no rate of interest, this is running account credit (see s10 CCA 1974) therefore it should contain the rate of ANY interest to be applied to the credit (see Regulation 6 and schedule6 Consumer Credit Agreement Regulations 1983 as amended)

 

The failure to state the rate of interest is fatal to the agreement (see Wilson -v- First County Trust)

 

To put it simply, its not compliant thus would be arguably unenforceable

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there is no rate of interest, this is running account credit (see s10 CCA 1974) therefore it should contain the rate of ANY interest to be applied to the credit (see Regulation 6 and schedule6 Consumer Credit Agreement Regulations 1983 as amended)

 

The failure to state the rate of interest is fatal to the agreement (see Wilson -v- First County Trust)

 

To put it simply, its not compliant thus would be arguably unenforceable

 

Thank you for clarifying pt

very much appreciated

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