Robinson Way \ Harwich Farrelly issue cap1 debt

[adenjago]

Whooops

Edited August 3, 2011 by adenjago

[BRIGADIER2JCS]

You have left personal details on.

Site team please remove post

[cerberusalert]

I've removed the image as it shows your name.

[BRIGADIER2JCS]

Thank you once again:madgrin:

[adenjago]

Here is the Agreement....the "Guaranteed Acceptance" Letter

 

on Second page of the T&C, there is a bit on the APR but it references that these are taken from the "original Agreement you signed" which I can not see on the Agreement

 

 

 

Page 2 of T&C

Edited August 3, 2011 by adenjago

[BRIGADIER2JCS]

Is that the whole document?

[adenjago]

Is that the whole document?

 

what i received was the following.......

 

1 Page covering letter (payment in full should be made in 10 days...blah blah blah)

1 Page Agreement\Guaranteed Acceptance Form (posted above)

13 Pages of Terms & conditions (page 2 of which is posted above)

20 Pages of Statement Details

[BRIGADIER2JCS]

It is IMHO to say what a judge would make of that

form, some such are being accepted by the courts

and judgments are being made.

[adenjago]

It is IMHO to say what a judge would make of that

form, some such are being accepted by the courts

and judgments are being made.

 

thanks for the Reply....just found a thread that might be relevant with a CCA request from Capital One who received the Acceptence Letter....just looking through it now

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?226084-PDADDY-amp-WIFE-vs.-CAPTIAL-ONE-CCA-LETTER

[BRIGADIER2JCS]

Just had a look at that thread not sure

as to how much help that would be,with

the acceptance these days of recons, app forms

with statements the ''Guaranteed Acceptance''

may get through as things are going.

 

Challenge it and see what the response is.

Brig.

[adenjago]

Is there a Template Letter knocking about regard this.....as I can seem to find one

[BRIGADIER2JCS]

It,s the account in dispute, failure to comply to CCA requst

letter Aden, sorry I can't get links to work.

[adenjago]

would this one be okay

 

Dear Sirs,

 

Account No:

 

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 document a copy of which is attached 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 have enclosed an excerpt from 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 you 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.

 

Yours faithfully

[BRIGADIER2JCS]

H Aden it is a good letter, not too sure as to

the bit about the House of Lords as the new

Supreme Court is top dog.

 

Brig.

[adenjago]

just looking at some other threads from other fellow CAGGERS on here and found this one regarding Robinson Way & Cap one a little similar to myself

 

The First attached image in the thread is a document entitled "Credit Agreement" from Capital One (signed in 2004, like myself), which kind of re-enforces my view that what the sent (Guaranteeing Acceptance form) is not the Credit agreement

 

Obviously I need wait to see there response to my last letter.....what do you guys think ???

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?315683-Robinson-way-Cap-one

[adenjago]

Hi Guys

 

I have just got at my Wife's credit Record for the first time, and im slightly confused ........

 

Under the Accounts she has 3 Accounts all of which are either satisfied or Settled....so all good there....

but under the Public Record Information section there is a Judgement from Registry Trust LTD from 13/10/06 for £1,096

 

My query is if this is an outstanding debt, should it not show in the Accounts section ??

 

both me and my wife have no idea where it is from, my wife will be contacting the Northampton court on Monday to try find what is regarding

 

My wife has also said that she is paying some DCA's but none of them show on her Credit Record......can anyone advise ???

[BRIGADIER2JCS]

Hi Guys

 

I have just got at my Wife's credit Record for the first time, and im slightly confused ........

 

Under the Accounts she has 3 Accounts all of which are either satisfied or Settled....so all good there....

but under the Public Record Information section there is a Judgement from Registry Trust LTD from 13/10/06 for £1,096

 

My query is if this is an outstanding debt, should it not show in the Accounts section ??

 

both me and my wife have no idea where it is from, my wife will be contacting the Northampton court on Monday to try find what is regarding

 

My wife has also said that she is paying some DCA's but none of them show on her Credit Record......can anyone advise ???

 

Hi it's likely that with the debts being paid that they have

dropped off after six years, the CCJ will not drop off unless satisfied.

[cerberusalert]

The CCJ will drop off after six years as long as the creditor does not update it, it will disappear from the Registry Trust sight automatically which is what the 'Public record Information' refers to.

 

If the CCJ hasn't been enforced within the six years the creditor would have to apply to the court for permission which is rarely given.

[adenjago]

Still slight confused.com

 

I assume the debts which are paying to the DCA's we should continue to Pay I guess then

 

in regards to the judgement in 2006 from Northampton County Court, shouldn't there be a part in the accounts Section ??

not sure whether to try and find out what it is or just let it expire on 13/10/06

[cerberusalert]

You can find out online at http://www.trustonline.org.uk/ which costs £8.

 

shouldn't there be a part in the accounts Section ??

not unless the creditor reported it.

[adenjago]

Will Trustonline give me any more details than Experian ??I think the Starting point is Northhampton in court according to the trust online wbsite

 

I assume I will have to Contact the Court....we believe it might have been related to a Council Tax issue (which is a long story but paid )

[cerberusalert]

Will Trustonline give me any more details than Experian ??

Yes, it gives you all the details of the CCJ.

 

http://www.trustonline.org.uk/understand-judgments-fines/understanding-the-search-result/

Edited August 5, 2011 by cerberusalert

[adenjago]

Just done a search on the Trustonline and it return the Following.........( i assume it is not classed as a High Court ??)

 

 

England and Wales Orders & Judgments

NOTHING REGISTERED

 

Next step I guess is to Contact the Northampton court ????

[adenjago]

If a credit search is done in my name......will the judgement still show even though on experian we are not financially linked....but live at the same address ?

[cerberusalert]

Just done a search on the Trustonline and it return the Following.........( i assume it is not classed as a High Court ??)

Have you changed address within the past six years? If so you would have needed to check the previous address too.

 

If a credit search is done in my name......will the judgement still show even though on experian we are not financially linked....but live at the same address ?

if there is no financial link then no.