Cap1 & CCA return

[adarling2006]

more confusion lol

[Peterbard]

more confusion lol

 

Thats not good what is confusing tell me and then we can be confused together

 

Regards

petr

[InKogneeToh]

Hi Peter

 

Maybe it does, as I don't have a copy of the actual regs. to refer to. The main point I have been trying to make is that errors such as this will not make an agreement unenforceable, as has been suggested.

 

Regards, Pam

[Peterbard]

Hi Pam

 

A ver nice man has sent me a copy of the 1553 regs would you like a copy.

Send me a email and i will send it return

 

Regards

Peter

[adarling2006]

i'm just confused about if the agreement i have with black horse is unenforceable or not, that's my confusion, before i tell them that it is, i'd want to be sure where i stand. they have til the 19th of may to fully comply with my CCA request so i've got time to play with so to speak.

[InKogneeToh]

i'm just confused about if the agreement i have with black horse is unenforceable or not, that's my confusion, before i tell them that it is, i'd want to be sure where i stand. they have til the 19th of may to fully comply with my CCA request so i've got time to play with so to speak.

 

Hi

 

This is the easy test:

 

Does the agreement contain all of these:

 

The Amount of Credit (not applicable to running account agreement)

 

The Credit Limit (or a statement as to how it is to determined/notified to you

 

The Interest Rate

 

The amount/frequency of Repayments.

 

And is it signed by you.

 

If the answer is yes to all of the above PRESCRIBED TERMS (where applicable) and your signature is present then the agreement will not be UNenforceable, no matter what else is wrong with it.

 

For any other errors/omissions that may have been made, the agreement will be 'improperly executed' and enforceable on an order of the court only. In these cases the court will assess the level of prejudice caused to the borrower and if it allows enforcement it may make changes to the agreement in order to compensate the borrower.

 

Regards, Pam

[davefirewalker]

Hi Pam

 

A ver nice man has sent me a copy of the 1553 regs would you like a copy.

Send me a email and i will send it return

 

Regards

Peter

 

 

DAMMMM

 

ive just paid £6.10 TODAY for a copy......

 

Was going to pdf them and post em......grrrrr

 

ah well never mind

 

ps wanna see a REALLY crap agreement. NO T&C supplied either

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-763464.html

 

Dave

[adarling2006]

I think it does, but i've just noticed that it does have PPI which i'm pretty sure i never agreed to, but seems to be of the agreement and monthly repayments. what i also see is there is no box to tick to say that i wanted the PPI or not. should this be there?

[Peterbard]

i'm just confused about if the agreement i have with black horse is unenforceable or not, that's my confusion, before i tell them that it is, i'd want to be sure where i stand. they have til the 19th of may to fully comply with my CCA request so i've got time to play with so to speak.

Hi

What Pam says is as alway correct if was beomg picky i might add that ther must be a term stating the credit limit or the manor in which it is to be determined or if there is no credit limit in the the credit limit prescribed term

 

I have not been following your story have you gt a copy sent by them under section77-78.

Is it a true copy of the orriginal or is it just a current agreement is it in the form you would expect in consideration of the date you signed the agreement ?

In other words could you keep them in default for not issuing an orriginal copy.

 

Just a thought

 

Peter

[Jaranius]

xx

[Jaranius]

xx

[ncf355]

Seems to be, anyone else?

[davefirewalker]

hmmmmm just ran it past the fas checker and it came back 13%

 

strange.

 

what is the variation allowed in calculating apr?

 

what was the base rate?

 

Dave

[ncf355]

Think variation allowed is 0.1 if above, 1% if below actual

[Jaranius]

xx

[davefirewalker]

Apr has to be calculated from something. usually a base rate something like

"fantastic loan" @10% (APR 12.5%) etc...or have I got it wrong again

I have an agreement where both are visible mind you the rate may be variable which could explain it

 

dave

[adarling2006]

here is the document that black horse sent me, the other page was just the direct debit sheet instruction my bank to debt my account for the amount due.

black horse agreement.doc

[joneshousehold]

Hi

 

Sorry Jones, but that is not correct. The only circumstances in which an agreement would be UNenforceable is if it did not contain all of the 'prescribed terms' or was not signed by the debtor, or if a cancellation notice was not sent to the debtor after a cancellable agreement was made.

 

If there is any other omission or error the agreement is 'improperly executed' and enforceable at the court's discretion.

 

Regards, Pam

 

Pam, I have had a look at the OFT guidelines again and I can see you are quite right and I stand corrected.

 

I was using the wrong phrase because in my own mind it is sort of unenforceable until the courts issue an order. It's more akin to a temporary unenforceable state. I will try to remember in future that it is actually referred to as improperly executed.

 

Many apologies to every one I have incorrectly advised and thanks Pam for putting me right.

[Jaranius]

xx

[InKogneeToh]

I thought it was also if the presecribed terms were incorrect.

 

Just received my loan agreement. It states: APR 11.9; Loan £5000; interest £1355.68; Total Amount Payable £6355.68. No other sums/charges stated. By my reckoning APR should be 13%.

 

Is this an example of a prescribed term being incorrect?

Jay-R

 

Hi

 

Yes you are right - the prescribed terms must also be correct (as must any other financial terms) but APR is not a 'prescribed term'. Also it is very complicated to work out and I wouldn't have a clue how to tell whether a quoted figure is correct or not.

 

Regards, Pam

[InKogneeToh]

Pam, I have had a look at the OFT guidelines again and I can see you are quite right and I stand corrected.

 

I was using the wrong phrase because in my own mind it is sort of unenforceable until the courts issue an order. It's more akin to a temporary unenforceable state. I will try to remember in future that it is actually referred to as improperly executed.

 

Many apologies to every one I have incorrectly advised and thanks Pam for putting me right.

 

Hi Jones

 

It's so easy to get confused! I was talking utter rubbish just a few posts ago and had to go back and correct it all!!

 

I just hope everyone realises that we are all novices and not legal eagles!!

 

Regards, Pam

[itsmeandonlyme]

Hi

 

Yes you are right - the prescribed terms must also be correct but APR is not a 'prescribed term'. Also it is very complicated to work out and I wouldn't have a clue how to tell whether a quoted figure is correct or not.

 

Regards, Pam

 

 

Hello Pam,

 

hope you well...Just a quick question (Creation finance, store card)

when i applied for the card and feld the application in store, i was given the copy of the application form, the card had been accepted...the account is now closed. Under CCA request they sent me 2 times an unreadble copy of that application, and when i spoke to the lagal manager over the phone, she confirmed, that they provided me only that copy of the application and week later supplied me with T&C9 i do not remember,but it's not as important)...I hardly can read the copy of the application....i sent them 2nd request for the properly executed agreement and deadline's expired.....

In their letter they confirm that it's an application form...But i believe it has the prescribed terms but doesn't have APR( does have credit limit, 2 signatures, wording "Credit agreement requlated by the Concumer credit Act 1974)...

 

Now, can i still demand the copy of the agreement, as i more than sure it wasn't any apart from this one

 

 

Thank you

 

 

Kind regards,

 

 

Maria

[InKogneeToh]

Hi Maria

 

How are you doing?

 

Forgive me if I'm being thick, but why are you requesting an agreement for an account that is closed?

 

Regards, Pam

[itsmeandonlyme]

Hello Pam...I am claiming my charges back, and (guess what)..PPI as well:))) but i had paid it in full and closed so i couldn't spend more on the card-selfprotection))

xxxx

[un1boy]

A creditor to comply with sec 77/78 must supply not only the true copy of the agreement but any other document referred to in it.

 

This is interesting has in my case the creditor is pleading compliance when in fact to comply a copy of the PPI document referred to in the agreement must also be sent.

 

I think people should be aware when making CCA requests the creditors obligation extends beyond not only supplying the original agreement but any other document referred in it.

 

Paul

 

You are right

 

But, not according to TS!!

 

They are shameful - my caseworker said that he would ask the lender IF they had to supply certain docs and because they said no, he has accepted that!

 

Also, my request was made in August 2006 to which they sent me an agreement with no prescribed terms only, no T&C's etc. The TS worker has asked them to supply the T&C's now and told me that I can go into any branch to get them!!!!

 

He has also said that becausae i didn't specifically ask for a statement of account, they don't have to provide one (I did ask for one, and I also said that this is a full request under sec 78)

 

What tha fa?