Debt written off due to Carers Allowance?

[Josie8]

subscribing

[Josie8]

Its totally unenforceable as no prescribed terms. It does not include any of the prescribed terms and therefore is unenforceable as S.127(3) of the Act bars the court from making an enforcement order under section 65(1) in a case where there is no document containing all the prescribed terms that has been signed by the debtor.

Wilson v First County Trust Ltd [2003] UKHL 40 states that:

‘….the effect of the failure to comply with the requirements of the Consumer Credit (Agreements) Regulations 1983 was that the entire agreement ………….. was unenforceable. The statutory bar on its enforcement extended to FCT's right to recover the total sum payable on redemption, which included the principal as well as interest.’

And further that :

“The message to be gleaned from sections 65, 106, 113 and 127 of the Consumer Credit Act is that where a court dismisses an application for an enforcement order under section 65 the lender is intended by Parliament to be left without recourse against the borrower in respect of the loan.”

 

If FOS says differently ask them to show you where the prescribed terms are on the agreement and quote you the case law that supercedes the House of Lords ruling in Wilson

[Josie8]

I take it there was no signature appended to the aforesaid document?

[Josie8]

Well then I would be asking myself why they choose to send you a printed blank document rather than a copy of your signed agreement??

 

My experience of this is (call me cynical if you wish) that either

 

a) they haven't been able to find your original agreement and are trying to kid you

 

or

 

b) they already know that there is a problem with your original agreement and would rather not supply it.

 

In all cases I've assisted with when an agreement has at long last been prised from the CCA it has been either unenforceable or improperly executed. In 3 cases they have had to admit to the FOS that they do not have the original agreements.:o :o