JDWilliams no signed agreement

[Titch1980]

i have searched and read several threads on this topic, and sent of a letter asking for the signed credit agreement(letter N from the list of template letters) today i recieved a letter which told me when the ac**** was opened, what is owing and how many payments of how much were left to pay it off.

 

but also this bit at the end....

in relation to your request for a copy of the executed agreement blah blah blah(is anyone wants to know this i will type it out, but im guessing a lot of you will ave seen it before)there is no requirement to provide you with a photocopy of the agreement bearing your signature, it is sufficient that we supply you with a "True Copy" of the agreement setting out the t&c's to which you have agreed........it ten goes on a little longer.

 

 

on the agreement there is no signature(which i knew anyway) but there is also a square asking for name and address etc where they have hand written my name and address(however i did not live at thi address when the account was opened, i only moved here beginning of this year and account was opened 2006)

 

any comments to help me would be great, also what should m next step be?

i dont mind paying what i owe but they have added so many charges on its daft, i am wanting to reduce said payment as since we moved rent has doubled(but it was a needed move as we had neigjbours fom hell for 5 years and the council werent budging us or them )

[Pinky69]

The prescribed terms - loan amount/credit limit, interest rate and repayment schedule must be in the same section as the signature box whatever they send. It would be better if you could scan it in here and let us take a look.

[debt4get]

Account In Dispute

Ref:

 

Dear

 

Thank you for your letter of xx/xx 2009, the contents of which have been noted.

It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1).

You have provided me a copy of an agreement and I feel it is my duty to draw your attention to some serious flaws in your comments.

 

Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement (Not a copy of an agreement), a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed

 

Now then, these regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553 without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974.

 

For your information in case you are unsure. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

(a)Number of repayments;

(b)Amount of repayments;

©Frequency and timing of repayments;

(d)Dates of repayments;

(e)The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

Now nowhere on the document that you supplied is there any reference to these terms. I wish to remind you that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect

 

 

 

Therefore, you have failed to supply an enforceable document, which is correctly executed as to be so; it must conform to the Regulations under s60 CCA1974

 

I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 74, the consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement.

Could you also please confirm in writing that in the event of any court action by yourselves this will be the document you intend to present to the court in order to enforce alleged debt.

If you cannot supply me with a document, which complies with the Consumer Credit Act 1974, and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading.

 

I respectfully request you review this matter in light of my comments above and I request that you supply me the required information or alternatively confirm the account is closed and the debt written off with a zero balance.

 

I respectfully request a reply within 14 days of the date of this letter.

Yours faithfully

 

 

you can alter and try this one if you like

 

[Titch1980]

thank you debt4get

pinky69 i dont own a scanner

i am however currently looking at getting one, so should be able to do so in the next couple of weeks if still needed by such time