welcome allege son made payment

[ODC]

You have no right to cancel this agreement under the consumer credit act 1974 , the timeshare act 1992 or the financial services ( distant marketing) regulations 2004.

 

This is a credit agreement regulated by the consumer credit act 1974. Sign it only

If you want to be legally bound by its terms

 

Is this the same as having your cake and eating it:idea:

[theshuffler]

Post i should be able to try a good scanner today , hopefully it will come up clear . ODC is there not something about signing an agreement on the business premises that waives your 7 day cooling period ? Think i have come across it somewhere during my many hours of reading.

[theshuffler]

blew this up to A3 on copier then photographed it , hope its of some use PICT0009.jpg picture by shuffler_album - Photobucket

[theshuffler]

scan002.rtf

[theshuffler]

Been back to court , judge gave go ahead to apply for a setaside ,must be a good sign . Pointed out lack of signature , reference number date etc . have to apply next week , back up in fifth Jan

[ODC]

Excellent News Shuff. An early Christmas present for your son

[postggj]

hi theshuffler

 

any chance or reposting the agreement

 

leave in all the figures

 

ive spotted a corker

[havinastella]

hi theshuffler

 

any chance or reposting the agreement

 

leave in all the figures

 

ive spotted a corker

 

Does it begin with a 7?

 

Jogs

[postggj]

Thats One Of

Them

 

Ive Spotted Three

 

so Far:D

[theshuffler]

Is it not still on photobucket? It opens in word from the post above scan002.rtf

[theshuffler]

The judge told my wee lad that he cant over rule craigavon court but told him to apply for setaside , also said whoever was helping him was experienced and should do the paperwork for him . Must of touched on something he liked the sound off

[postggj]

Its A Rather Shade Of Blue

 

My Eye Sight Not That Great

 

Need Glasses

 

Can You Repost

[theshuffler]

[attach]14336[/attach]

 

If you click this one it should open in word perfectly post , the photobucket one is quite blue

[theshuffler]

This is what he went into court with , ok i know its not professional but it seemed to work the oracle . Whilst I do not dispute borrowing money from Welcome Finance and also making payments to them, I wish to defend myself against the CCJ that was granted to them without me having any prior knowledge of proceedings against me. Welcome Finance have committed to using the legal process in pursuance of me, therefore I shall endeavour to use the same process in my defence.

I am aware that under the Consumer Credit Act 1974, an agreement dated 2008 cannot be automatically become unenforceable, however I respectfully request that you give my arguments due consideration. There are major contentious flaws in both the layout and detailing of the agreement. I have provided a blown up copy of the document and highlighted each area of contention

 

I wish to appeal against the enforceability of the Credit Agreement which should have been originally produced in court by Welcome Finance.

 

1 The box containing the following text. “This is a credit agreement regulated by the consumer credit act 1974. Sign it only if you want to be legally bound by its terms”

The purpose of this signature box is to provide proof that the applicant has agreed to the terms of the agreement, the signing of this box would bind the signee to a contractual agreement, and the absence of a signature in this box should therefore indicate that no agreement has been entered into.

 

“s127(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 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor .

 

2 Quite clearly below the signature box are 6 un ticked boxes relating to insurance, payment protection insurance etc. Below in the signature box is the following statement

“ I understand that i am purchasing the product/s ticked above on credit provided by you and that the terms relating to the credit of the product can be found above and overleaf in this agreement. “ The terms and conditions of a credit agreement should be contained within the four corners of the document; there is nothing to reference any pages overleaf.

 

The box has been signed and witnessed at the bottom of the agreement. In effect the signature is an agreement to purchase nothing. Once again the signing of this box regarding ticked boxes above would legally bind the signee to pay credit on any ticked items. . That being the case and the situation reversed the signee is agreeing not to buy any products on credit.

3 At no stage throughout the agreement has it been dated by the signee.

4 As the agreement has not been properly signed, at no stage throughout the document has consent been given to share details with third parties. The sharing of personal data without permission is forbidden under the Data Protection Act.

5 The agreement does not contain a reference number binding it to any individual account which I may or may not of had with Welcome Finance, on that basis unless Welcome finance have a signed and properly executed agreement relating to the account on which the CCJ was granted then the attached document bears no relevance to these proceedings and should be ignored. In the absence of Welcome Finance producing further documentation relating to an account on which the CCJ was granted I respectfully request that you dismiss their claim against me on the grounds of no evidence .

I wish to highlight

38. I refer to LORD NICHOLLS OF BIRKENHEAD in the House of Lords Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) paragraph 29

 

" The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order."

 

A key point at Para [26] in Sir Andrew Morritt’s judgment is this;

 

“In effect, the creditor--by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms--must (in the light of the provisions in ss 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift, of the loan moneys to the debtor. The creditor had chosen to part with the moneys in circumstances in which it was never entitled to have them repaid;”

 

39. I would also like to refer to a written comment, which I feel is extremely relevant, from Francis Bennion the draftsman of the Consumer Credit Act 1974 and a very well respected barrister who specializes in Consumer Law. On his own website he states;

 

“As the draftsman of the Consumer Credit Act 1974 I would like to thank Dr Richard Lawson for his interesting and well-argued article (30 August 2003) on Wilson v First County Trust Ltd [2003] UKHL 40, [2003] 4 All ER 97.

Dr Lawson may be interested to know that I included the provision in question (section 127(3)) entirely on my own initiative. It seemed right to me that if the creditor company couldn’t be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable, and that the court should not have power to relieve it from this penalty. Nobody queried this, and it went through Parliament without debate. I’m glad the House of Lords has now vindicated my reasoning and confirmed that nobody’s human rights were infringed.” - 167 Justice of the Peace (2003) 773.

 

 

 

.

[postggj]

Shuffler

 

This Is Important

 

Is Your Signature On That Agreement

 

Sorry Id Seems Obviouse But Once Again Confirm

 

Is Your Signature On That Agreement

[theshuffler]

There is a signature on it Post Its my sons , but not in the proper place , under the following amendments , and i hope im quoting the right thing here The Consumer Credit (Miscellaneous Amendments) Regulations

2004 an agreement should contain 2 seperate boxes for signatures one for agreement the other for insurances etc , the use of 2 boxes is significant here , whats the point in having 2 boxes when a signature anywhere on the document would be suffice to enforce an agreement.

[postggj]

I NeEd To Look Into This

 

 

 

Have You A Link For The Signature Bit

 

I Am Of The Opinion At The Moment That The Agreement Has Been Made Up And Not A Copy Of The Original But Give A Link To The Signature Bit Please

Edited December 11, 2009 by postggj

[postggj]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html?highlight=multiple+agreements

 

 

THIS IS THE BIBLE ON THESE SORT OF AGREEMENTS

 

A BIT OF BED TIME READING

 

GET BACK TO ME WHEN YOU HAVE READ IT

[theshuffler]

Post thats the agreement provided shortly after the loan its not a cca request one , i did request one in the hope that they would attempt to pull a flanker , they failed to comply , i then rang their solicitor and she posted the exact same one out to me as we had. http://www.opsi.gov.uk/si/si2004/uksi_20042619_en.pdf

[postggj]

Gotcha

 

You Need To Send Welcome A Request For A True Copy Under Cpr

 

The Crafty Sods Have Made Up That Agreement

 

They Dont Have The Original

 

They Could Not Even Get The Copy One Right

 

Ive Spotted Three Mistakes

[theshuffler]

Post if they made it up would they not of put the signature in the right place? The copy we have is the original mate we have it from when the loan was taken out , Also they would of put a reference number on to it , if there are 3 flaws in it that you see then thats good enough for me . My wee lad said judge was interested in the wilson quote about monies being gifted if the agreement wasnt right. If that 2004 amenment has been ammended again can you post a link.

[postggj]

HAVE A NOSE AT THE LINK IVE POSTED

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html?highlight=multiple+agreements

 

 

IS PT ON TONIGHT SITE TEAM

[theshuffler]

I read it post , cant see the link between the 2 though , if he had of been taking out ppi or something i understand that there would of been a multiple agreement , maybe im missing your point mate.

[postggj]

Rubish Post

[theshuffler]

Rubish Post

what have i missed?