Unenforceable agreements under the Consumer Credit Act

[Scrapper]

Thanks Viscount

 

How do I upload the document once I've scan it? And should I remove personal details i.e. address etc?

 

Thanks

Scrapper

[Scrapper]

Viscount

 

Sorry for somewhat thick, but what are the other requirements you are talking about? I thought they only had to provide a true signed copy of the CCA?

[Viscount Stair]

Getting your CCA is not an end in itself. If the creditor cannot produce anything, then they fall at what is just the first hurdle.

 

The other requirements relate to things like whether or not the prescribed terms are set out in the document, the layout of the document and even the heading on it.

 

What to do is to remove any personal details from the scan, upload it to Photobucket and post the link here.

[Scrapper]

Hi

 

Can someone please take a look at the attached documents I got from Sky and let me know my next steps. They have sent me a copy of a esignsture and only a copy of their terms and conditions.

 

Thanks in advance

Scrapper

[Scrapper]

Hi

 

How do I access Photobuscket

 

Thanks

Scrapper

[cleo4patra]

Hi

 

How do I access Photobuscket

 

Thanks

Scrapper

Hi cleo here - use this - i managed it which is saying something - I got it from a post by 42man (site team)

Yes use Image hosting, free photo sharing & video sharing at Photobucket

 

it is free...and a tutorial here - Photobucket Video Tutorial

__________________

Hope it helps

[Scrapper]

Hi

 

Silly old me worked it out in the end

 

Can someone take a look at these links I've posted and advise on my next steps if any

 

Image of CCA Part 2 - Photobucket - Video and Image Hosting

 

Image of CCA Part 1 - Photobucket - Video and Image Hosting

 

Image of esignature - Photobucket - Video and Image Hosting

 

Many thanks

 

Scrapper

[cleo4patra]

Hi

 

Silly old me worked it out in the end

 

Can someone take a look at these links I've posted and advise on my next steps if any

 

Image of CCA Part 2 - Photobucket - Video and Image Hosting

 

Image of CCA Part 1 - Photobucket - Video and Image Hosting

 

Image of esignature - Photobucket - Video and Image Hosting

 

Many thanks

 

Scrapper

Hi - just wondered what the handwritten number is at bottom of 3rd document? If it is theirs they may be able to identify you from it ?

 

Interesting what it says about APR etc being left blank? Is this usual?

[Scrapper]

Cleo

 

I have no idea what that number relates to. Any idea what I should do next? Talking of interest rates a friend of mine told me he received a leter fom egg advising his interest raid was increasing to 26.9% from 19.9%. Are they allowed to do that? Seems somewhat bordering on illegal.

 

Any help on my issue next steps would be a great help from anyone

 

Regards

Scrapper:eek:

[Viscount Stair]

It will almost certainly be "permitted" by the Ts&Cs. It is also subject to the Unfair Terms Regs and, whilst not illegal, it may well be not binding.

[Scrapper]

Thanks all

 

I've uploaded what SKY have sent me and need some advice on whether I can go back to them about anything?

[cleo4patra]

Cleo

 

I have no idea what that number relates to. Any idea what I should do next? Talking of interest rates a friend of mine told me he received a leter fom egg advising his interest raid was increasing to 26.9% from 19.9%. Are they allowed to do that? Seems somewhat bordering on illegal.

 

Any help on my issue next steps would be a great help from anyone

 

Regards

Scrapper:eek:

What I am saying is that they me be able to identify you from that number if they look on this forum - so may be best to delete it if you can?

 

Usually someone comes along to help

[Scrapper]

Thanks Cleo. I'm being abit thick at the moment

[Viscount Stair]

One other word of advice: another way in which you could be identified is your Photobucket username, which shows up.

[Scrapper]

It has now been 12 + 2 working days since I wrote to Barclaycard & MBNA and I have had no reponse from them so I have sent them the following:

 

Dear Sir/Madam

 

I do not acknowledge ANY debt to your company. You have now failed to supply me with a copy of the original signed agreement for the alleged “debt” you are trying to enforce. This request was sent on 21/12/2008 together with the statutory fee of £1.00.

 

I have given you more than enough time to supply the original signed agreement and you have now exceeded the allowed time. By not supplying the documentation I believe you have now committed a criminal act under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

You are reminded that you were obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

I will therefore no longer be making payments against this "debt" as it is unenforceable. I now consider the matter closed and no further correspondence regarding payment will be entered into. If you persist on pursuing payment you will have left me no choice but to report this matter to Trading Standards

What are the next steps I should follow

If they start to chase me for the debt?

H

ow do I go about claiming back any interest or charges for the past 20 years for Barclaycard and 15 years for MBNA as they haven't sent me the full breakdown of the account and any interest or charges applied.

Once again thanks in advnace for any help and assistance provided.

Regards

Scrapper

[Viscount Stair]

There are arguments that limitation does not apply and that charges could be claimed that long back but you would be lucky to be able to go back further than 6 years even if you had all of the paperwork.

[Scrapper]

After MBNA received my second letter as listed above they have now sent me a response as follows: Thank you for your recent request, I can confirm the following is enclosed: T&C, Statement of account.

 

It's their current terms and conditions along with the last six months statements. Nowhere on any of these documents is my signature present and they haven't provided me with a true copy as I requested (They still went over the 12 + 2 days) and their letter states they are sorry but they haven't been able to provide me with a photocopy of the original.

 

What are my next steps as my signature isn't present and they haven't sent a true copy of anything let alone the credit agreement.

 

Also can I demand copies of my statements going back 6 years and claim all the charges and interest back

 

Thanks again

 

Scrapper

[sanrhythm]

just got reply from mbna please see attached zip, they recieved my cca request 3rd DEC then i send reminder and stoped my direct debit

 

just today 16th JAN i recieved this document please help what next?

Edited February 4, 2009 by sanrhythm

[dollydimples]

hi there i requested my cca from barclay card sent the pound and they sent back a standard letter with terms and condition on i wrote to them stating they have not sent me what i requested no payments have been made since nov 08 but they have started ringing my firm i work for i have not contacted the fos as yet but i think i will be doing any ideas for a letter about the harrassment i need to send one to barclay cards cheers

[Missy06]

After MBNA received my second letter as listed above they have now sent me a response as follows: Thank you for your recent request, I can confirm the following is enclosed: T&C, Statement of account.

 

It's their current terms and conditions along with the last six months statements. Nowhere on any of these documents is my signature present and they haven't provided me with a true copy as I requested (They still went over the 12 + 2 days) and their letter states they are sorry but they haven't been able to provide me with a photocopy of the original.

 

What are my next steps as my signature isn't present and they haven't sent a true copy of anything let alone the credit agreement.

 

Also can I demand copies of my statements going back 6 years and claim all the charges and interest back

 

Thanks again

 

Scrapper

 

Scrapper,

 

I'm in a similar position with Vanquis and HSBC credit cards.

 

Have you gotten any help on how to proceed?

[simon the poet]

Hi

I would send them a letter reminding them that they are in breach of section 78 of the act and may not enforce the agreement until a true copy is produced.

I would advise them that they would have to produced the orriginal signed agreement in court in order to be granted an enforcement order and that you will be applting for disclusure under CPR rules prior to anny court hearing.

 

I would also advise them that under guidlines issued by the banking code they are not permitted to share data regarding any account that is in dispute with any CRA,s and fir the reasons stated this account is certainly in dispute.

 

THey will continue of course to chase you for the mony and also continue to send you bills including interest which they will continue to add.

Dispite what has been said there is nothing within the act to stop them from so doing.

What they cannot do is pursue you for it through the courts and if they threaten to do so they are contravening the OFT debt collection guidlines and possible breaching the law(anti harrassment act).

 

Be warned however thatif the agreement is found, and the court finds for the creditor you will have to pay all charges and interest for the periods missed even though they were in default.

 

There is no reason why you cannot pursue them for your charges in the normal way, because the account is unenforceable by them, it does not mean that you cannot enforce the statutes that are involved in recovering penalty charges debited to the account.

 

Simon

[lookinforinfo]

Be warned however that if the agreement is found, and the court finds for the creditor you will have to pay all charges and interest for the periods missed even though they were in default.

 

Surely that cannot be right Simon. The lender has failed to comply with the CCA request and until they do, they are not allowed to enforce the debt. IE they cannot charge interest during the time that failed to comply even though they had the executed document all the time.

Once they produce the document, they can start charging interest from that time.

[simon the poet]

HI

 

No unfortunately not.

If the agreement is enforceable it means the whole agreement not just the part after the agreement was produced.

Unfortunately there is nothing within the act that says that interest is not due on accounts in defaul due to breach of section 77etc.

 

This has come up in court once or twice and the court has always confirmed this. if you look on the 2006 cca you will see that htis oversite has been rectified on the new regs regarding none issuance of annual statements but unfortunatlely this does not apply to the sections mentioned.

THinking about it there may be scope under the new section 140 regs for an action for unfairness on the creditors part if these charges are added to the account whilst in default due to there action ,the test mentioned does say things done or not done by the creditor, but that has yet to be explored in the courts.

 

Regards

Simon

[druryb]

Hi,

 

I was wondering if someone can cast their eye over my credit agreement with llyods tsb. I am not sure if this loan in enforcable im pretty sure i completed over the phone and they sent out my original loan details, this agreement has no signature box i feel this maybe a copy can someone help?

 

Thanks

 

Druryb

tsb cca.pdf

Edited February 27, 2009 by druryb
Second opinion

[simon the poet]

Hi

 

Seems OK to me

 

I didn't see the date of he agreement but i should imagine it is covered by the distance marketing regs.

 

 

Simon