App. form or agreement?

[jed52]

Hi folks.

Would you good people on here take a look at this 'agreement' sent by 1st Crud. I CCA'd them nearly 12 months ago and now they have just come up with this. Would you please see what you think.

Cheers, jed.

 

agreement? picture by jed52-2009 - Photobucket

[cerberusalert]

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 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

[jed52]

Many thanks C.

I'll be firing that off to them asap,

Cheers, jed

[Bazooka Boo]

Arghh, bless their cotton socks, no X-mas bonus for them this year!

[jed52]

Arghh, bless their cotton socks, no X-mas bonus for them this year!

 

Hi BB. They wont be getting any if i've anything to do with it.

They're a bunch of jokers this lot, I must say.

I sent a chronological list of all correspondence between them and me because they ignored every letter I sent to them and just kept demanding payment. This is the first letter i've had from them since July and they've come up with a cock and bull story as to why its taken them so long to send an 'agreement', the poor deluded fools.

jed

[Bazooka Boo]

Diddydicky has a good post about how when he went to court ref: Business debts? He was sat in front of the judge with an acre of correspondence he had sent said company and they had an A4 sheet of paper!

 

So the judge clearly saw in his favour and he won:D

[jed52]

Exactly BB. As I said earlier 'bunch of jokers'.

[jed52]

Update on this folks. Received this from 1st Crud a few days ago.

 

jed3001.jpg picture by jed52-2009 - Photobucket

 

They have sent a copy of the application form again and 9 pages of t&c's but its headed; 'This is a copy of your agreement to keep etc.'

Bank of Scotland credit card..conditions of use.

Then there is a list of interest rates etc.

Name and address is on this sheet but no signature, or box for one.

What should I do for this one guys?

1st Crud are being qiute persistent with this, are they just getting desperate?

jed

[postggj]

They Can Send A Reconstructed Agreement To Comply With Your Request But To Enforce In Court

 

They Need The Original

 

1st Crud

 

Bog Off And Ignore

[jed52]

 

1st Crud

 

Bog Off And Ignore

 

Cheers post, I knew I could rely on you for the technical terms.

jed