Moorcroft sent credit card debt back to LLoyds

[cerberusalert]

It has to contain certain prescribed terms under CCA 1974 + the right to cancel under CCCR 1983, see; http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

[cerberusalert]

If you post it up after removing identifiers we'll check it over for you.

[eastender100]

How do I post it on there please?

[cerberusalert]

If you upload it to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting and then copy and paste the url back here we'll be able to see it.

[freethemice]

Alternatively-

If you go online to 'Photobucket' and open an account, its' free. Scan what you want us to look at (minus identifying details) then upload it onto Photobucket (the instructions for this will be on the first page of your photobucket Account.)

 

You then copy the img.url underneath your scanned document (control C) and then start your post on this thread and just press 'paste' or ControlV) and it should appear in your post.

[eastender100]

5.tinypic.com/11b3d4n.jpg[/img]

[eastender100]

Hi Ceb, can you let me know if you can see it as its not showing here please.

[eastender100]

Edited May 21, 2010 by cerberusalert

[eastender100]

[cerberusalert]

It was upside down so I've turned it the right way up.

 

If that's all they've sent it's unenforceable as it contains non of the prescribed terms. It's what it says on the tin... an application.

[cerberusalert]

I doubt whether those T&Cs are the reverse of the signed document, besides the fact that they are headed 'bank copy' they wouldn't fit on the reverse.

[eastender100]

I don't know how to proceed now as they say there client has given them instrutions to issue court procedings in June, i did notice that there was no credit limit on the form either.

[cerberusalert]

Send this and see how they respond;

 

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

[eastender100]

Hi thank you so much for your help, even though i'm a bit nervous i will send it a nd see what happens, i will let you all know what there reply is,

 

Once again thank you x