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Do they EVER come back and write these debts off or can this go on for literally years?? Not sure how long my nerves will stand it LOL!! And if they do write it off, do they have to remove any defaults??

 

jax

 

The statute of limitations clicks in 6 years after you last acknowledged the debt, usually your last payment to them, so the letters can go on that long :( Learn to ignore them.

 

They are unlikely to write it off unless you offer a F&F settlement & even if they do, they won't admit that they don't have an enforceable CCA so you'd have difficulty removing the default although you could try. There are other threads on this forum dealing with this. Good news is that the defaults drop off after 6 years form their implementation anyway.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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jax,of course you can take them to court.:D

 

You can ask the court to declare the rights of the parties.

 

This means the judge looks at whatever nonsense they supplied in response to your CCA request and, assuming it doesnt comply with the regs, makes an order that it cant enforced,ever.

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jax,of course you can take them to court.:D

 

You can ask the court to declare the rights of the parties.

 

This means the judge looks at whatever nonsense they supplied in response to your CCA request and, assuming it doesnt comply with the regs, makes an order that it cant enforced,ever.

 

 

Yes Noomill I realize you CAN take them to court ... however, as we've seen on these threads you need a judge who understands fully the Act and I just wonder whether it's worth risking it even though you know your'e in the right!

 

It would be nice to draw a very thick black line under these though AND get any defaults, etc removed icon12.gif

 

jax

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IMO there is no point in responding to these letters. If they thought they had a case they would issue court proceedings & if they did take it to this stage you would then have the absolute defence in that they haven't supplied an enforceable agreement. Writing to them just reminds them they are rattling your cage & will promote even more mail in the hope that you will get cheesed off enough to send them a big fat cheque.

 

I know they are annoying when they drop through the letter box but treat them the same as any other junk mail - ignore them but get a big box & file them away in a corner just in case you need to show them to a judge as eveidence of harrassment at some stage.

 

I would say, playing devils advocate, that while ignoring them is probably fine when this has been going on for months and months, I'd consider it a bit risky to start doing it early on.

 

The trouble is as I see it, when bodies such as the FOS consider 4-6 months perfectly reasonable when looking into complaints regarding banks, and the banks themselves are afforded 8 weeks just to come up with a final decision, I don't feel it would reflect too well on you to get to court and have to say 'well your honour, yes they did write, and I have all the letters here, but quite frankly they'd irritated me by week 6 so I didn't bother replying'

 

Also, would I be right in saying if you happen to ignore some of the court documents they can end up winning simply because you haven't filed a defence/turned up? Not sure on that one, but it's ringing a bell I think:confused:

 

I'm probably at the over-cautious end of the scale though, as if I ever get to court with any of these I want to show how completely reasonable I have been, and how unreasonable they have been. If that means having to write a few more letters, I'm (at the moment!) happier to do that than leave it. Having said that we're only 5/6 months in, and I put a stop (mostly anyway) to phonecalls pretty early on so haven't really had that to deal with, which I would say is a far larger issue to cope with than having to deal with letters that can be answered in your own time.

 

Also, I spent a good few hours (by that I mean about 50:D) trawling for letters I could use as templates for the various c**p they send. I don't use them verbatum, but it certainly helps to have a frame so that it doesn't take too long. And I'm going to be claiming compensation from the FOS for all the letters sent/received!! Whether I'll get it or not is another matter, but it's worth a try!

Time flies like an arrow...

Fruit flies like a banana.

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i asked for a cca from halifax with whome i have a credit card. They sent me two pages. one page is the applicatioon form and the other cca. Now the cca has been scanned and printed. I belive they don't keep hard copies. The intresting part is that page is not readable. The print quality is very bad.

 

Is such an agreement enforceable. any advice from anyone.

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I would say, playing devils advocate, that while ignoring them is probably fine when this has been going on for months and months, I'd consider it a bit risky to start doing it early on.

 

The trouble is as I see it, when bodies such as the FOS consider 4-6 months perfectly reasonable when looking into complaints regarding banks, and the banks themselves are afforded 8 weeks just to come up with a final decision, I don't feel it would reflect too well on you to get to court and have to say 'well your honour, yes they did write, and I have all the letters here, but quite frankly they'd irritated me by week 6 so I didn't bother replying'

 

IMO very sensible, my policy too.

 

i asked for a cca from halifax with whome i have a credit card. They sent me two pages. one page is the applicatioon form and the other cca. Now the cca has been scanned and printed. I belive they don't keep hard copies. The intresting part is that page is not readable. The print quality is very bad.

 

Is such an agreement enforceable. any advice from anyone.

 

Could you post up the docs. for CAGers to see bad manager (without personal stuff obviously) please? You'll get more accurate advice that way.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Yes Noomill I realize you CAN take them to court ... however, as we've seen on these threads you need a judge who understands fully the Act and I just wonder whether it's worth risking it even though you know your'e in the right!

 

It would be nice to draw a very thick black line under these though AND get any defaults, etc removed icon12.gif

 

jax

 

If we all thought like this, we'd wouldn't have a National Lottery.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Hello Bad manager!

 

Is such an agreement enforceable. any advice from anyone.

 

It would be wise to start your own Thread in the following CAG Forum:

 

Halifax Bank and Bank of Scotland

 

This is just to allow you to get dedicated help.

 

This Thread is so large now, that your plea for help will soon get lost here.

 

As Foolishgirl has said, if you can Post up a copy (with Private details hidden), then people can advise.

 

Cheers,

BRW

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Have been looking for into something but can't seem to find a definitve answer. On a loan agreement does it have to show the 'interest rate charged' or is the APR shown on its own sufficient for it to comply with the regulations. Any thoughts appreciated

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if it is a prescribed term which you are referring to then only the rate of interest will suffice

 

however the agreement should also disclose the APR too as the APR is NOT the rate of interest

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Thanks for that PT it only shows the APR and makes no mention of rate of interest anywhere. It is a loan agreement regulated by CCA 74 so therefore should show it as aprescribedd term

 

http://www.consumeractiongroup.co.uk/forum/legalities/136701-apr-con.html

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Thanks for that PT it only shows the APR and makes no mention of rate of interest anywhere. It is a loan agreement regulated by CCA 74 so therefore should show it as aprescribedd term

if its a loan then its not necessarily a prescribed term to have the rate of interest

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I have read the informative link that Car kindly supplied and that seems pretty clear that all agreements post 2000 should include 'an interest rate to be charged'. Therefore in what case on a loan agreement that is regulated by the CCA 74 is it not required?

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I have read the informative link that Car kindly supplied and that seems pretty clear that all agreements post 2000 should include 'an interest rate to be charged'. Therefore in what case on a loan agreement that is regulated by the CCA 74 is it not required?

 

the point is that for a loan agreement, the rate of interest to be charged to the credit is not a prescribed term, well in most cases anyway,

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At the risk of going back over old ground, it has been asserted to Mrs VS that "Regulations" (not further specified) permit the provision of either a copy of the original agreement and all subsequent variations or an up to date version consolidating all variations.

 

That was not my understanding. Can anyone shed any light on this?

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I had not been able to find the complete text of the 1983 Regs previously but a bit of prodding has unearthed zootscoot's very helpful uploads.

 

Reg 7(1) does not quite say what it was asserted that "Regulations" (not further specified) say but it could be construed to confirm that s78 is indeed satisfied by the provision of a copy of current Ts&Cs.

 

Reg 7 reads as follows:

 

7 Copies of agreements or security instruments where the agreement or security instrument has been varied

 

(1) Where an agreement has been varied in accordance with section 82(1) of the Act, every copy of the executed agreement given to a debtor, hirer or surety under any provision of the Act other than section 85(1) shall include either--

(a) an easily legible copy of the latest notice of variation given in accordance with section 82(1) of the Act relating to each discrete term of the agreement which has been varied; or

(b) an easily legible statement of the terms of the agreement as varied in accordance with section 82(1) of the Act.

 

Does the fact that reg 7(1) uses the term "include" mean that s78 is satisfied by the provision of the current Ts&Cs without anything further or is it possible to contend that what must be provided is both a true copy of the original version of the agreement as executed AND a copy of the up to date version?

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Section 78 can be satisfied by a copy of the up-to-date terms (prescribed terms).

 

What people need to realise is that s78 has nothing to do with enforceability - it is merely a provision to allow a debtor to find out what terms govern the credit. Enforceabilty is covered by sections:

 

61 (properly executed agreements are enforceable),

 

65 (agreements not properly executed an only be enforced by a court) and

 

127(3) (agreements not properly executed can only be enforced if they have the debtors signature and prescribed terms in the same document)

Steven

 

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CCa 1974 and credit cards thats the link to my thread perhaps ive done it wrong

 

It's this one;

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/159815-cca-1974-credit-cards.html

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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  • dx100uk changed the title to Cap1 & CCA return
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