Alexskord Vs Aic! Can You Please Help Me?

[alexskord]

thank you ODC

I ll be waiting

[TANZARELLI]

Hi alexskord,

 

I will pop back and have a read of your thread tomorrow.

 

Do you can access to a scanner? If so can you scan your agreement. Also does it have all the prescribed terms on it as defined in the consumer credit act http://www.passprotect.studio400.me.uk/Consumer_Credit_Act_1974.PDF

[alexskord]

right,,thank you all

I va scanned them but i don t know how to put them. I ve scanned them as pdf

[ODC]

right,,thank you all

I va scanned them but i don t know how to put them. I ve scanned them as pdf

Upload them to photobucket and paste the link in your post

[TANZARELLI]

right,,thank you all

I va scanned them but i don t know how to put them. I ve scanned them as pdf

 

Register for free at Photobucket.com

 

Register for this and then you can post a link to this image hosting site.

[alexskord]

http://i186.photobucket.com/albums/x316/alexskord/1.jpg

http://i186.photobucket.com/albums/x316/alexskord/2.jpg

http://i186.photobucket.com/albums/x316/alexskord/4.jpg

http://i186.photobucket.com/albums/x316/alexskord/5.jpg

http://i186.photobucket.com/albums/x316/alexskord/6.jpg

[alexskord]

Thank you very much

I hope you can see them

[alexskord]

sorry

[alexskord]

http://i186.photobucket.com/albums/x316/alexskord/page3.jpg

[alexskord]

Any Help Now????

[ODC]

Is this all they have sent you. Where are the signatures

[alexskord]

do u mean my signature????

[alexskord]

I mean my signature is there but I erased it. only my signature is there....

[alexskord]

as I can see that is an application form....I dont know if thats a CCA

[TANZARELLI]

I AM HAVING TROUBLE SEEING THEM BUT WILL TRY SO PRING TO SEE IF ITS BETTER LIKE THAT.

 

I also suggest that you post them up on here for more constructive answers as I am not an expert in CCA's: http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

[davefirewalker]

Hi Alex......

 

It is headed APPLICATION, and their Signature is missing unless you have erased it as well

 

........BUT on the agreement part ALL the required information is there.

 

There is nothing I can see that would make it totally unenforceable

 

HOWEVER there are NO cancellation rights, No default charges, NO rights of remedies

 

excerpts from oft booklet on agreements

 

To be properly executed, and so legally enforceable without a court order, an

agreement must be recorded in a document which embodies all its terms, is signed by both trader and customer, and is readily legible when given or sent to the customer for signature.

 

What the agreement must contain

1 A heading in one of the following forms of words shown prominently on the first page:

 

Hire-Purchase Agreement regulated by the Consumer Credit Act 1974

or

 

Conditional Sale Agreement regulated by the Consumer Credit Act 1974

or, in any other case,

 

Credit Agreement regulated by the Consumer Credit Act 1974.

 

Where the document embodies an agreement, of which at least one part is a credit

agreement not regulated by the Act, the word ‘partly’ must be inserted before

‘regulated’ in the heading – unless the regulated and unregulated parts of the

agreement can be clearly seen to be separate.

 

2 The name and a postal address of both trader and customer.

 

3 A description (in enough detail to identify it) of any security to be provided by the customer and a description of its subject matter. The description must be in the main agreement but the full terms can be in a separate document referred to in the main agreement.

 

4 Details of any default charges which the customer or a relative of his is required to pay if he breaches the agreement.

 

5 Certain financial and related particulars (see below).

 

6 Statements of certain forms of protection and remedies provided for the customer by the Act (see pages 12–14).

 

7 A signature box (see Appendix 2).

 

Statements about the main rights of customers provided by the Act must be included in the agreement in the form set out in Appendix 1. The statements about termination and repossession of goods, in the case of hire-purchase or conditional sale agreements, must be shown together as a whole with the financial and related particulars described on pages 9–12 and not interspersed with any other information. (See statement 4 in Appendix 1.) Alternatively these statements can be shown elsewhere (for example, on

the reverse of the agreement) as long as a reference to them is included with the financial and related particulars. All statements in Appendix 1 must reproduce the specified wording. Where words are shown in capital letters they must be made more prominent (by using capital letters, underlining, large or bold print, or in any other way) than any other lettering in the form and no less prominent than any other information in the agreement, apart from the heading, the APR, trade names, names of parties to the

agreement, or handwriting.

 

Cancellation rights

 

Once you have signed this agreement, you will have for a

below short time a right to cancel [it] [that part of this agreement

which is regulated by the Consumer Credit Act 1974]1. Exact

details of how and when you can do this will be sent to you by

post by the creditor.

 

 

Basically a few things are missing

 

try looking at The OFt booklets cancelable and non-cancelable agreements

 

The Office of Fair Trading: Cancellable and non-cancellable agreements

 

give me a shout if you get stuck

 

rgds

 

Dave

[davefirewalker]

Forget everything in my previous post........

 

Just had a look at all 5 docs.....the only thing I can see wrong is that they havent signed it.......

 

Looks like its a good agreement.......sorry

 

CCA 1974

 

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 section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

 

which basically means they have an agreement with all the rqd terms and you've signed it.

 

Even though they havent signed it a judge would probably rule in their favour

 

Someone else may have a differing view though

 

Dave

[ODC]

That is what I have received today...

 

 

Dear Alexskord

 

Iam sorry that you are dissapointed with the recent cancellation of your account. Please allow me to explain the rationale behind this action.

We contacted you as your account was overdue for payment, and you advised that you would forward payments to us to bring your account up to date (Yes, but I had to go back to Greece cause I had family problems). You had agreed a repayment plan and should have let them know you had family problems Unfortunately, due to these promises of payment not being adhered to a default was issue to you on 2nd of October 2006. As we did not receive a payment in relation to this default your account was cancelled. Due to this default not being satisfied (so if it was satisfied would they remove it????) I doubt it unless you paid the creditor in full. The Default would be still on your file although marked satisfied we are unable to remove this from your credit file.

Upon cancellation your account was then referred to a third party for collection of the outstanding balance. The balance has changed since cancellation due to interest still accruing on the account (Is that lawfull????). Yes Im afraid so No late payment fees have been charged since the cancellation date.(How about the previous charges which was £57) You could try to negotiate a reduction in £57 off your debt

I have enclosed a copy of your agreement and Terms and Conditions as requested. (I don t know how can i put them in here in order for someone to tell me if it is the real CCA) As discussed below it seems apart from their signature they are correct. They do not have to supply a signature at this stageI regret that Iam unable to assist you further with this outstanding balance and hope that you will deal directly with ALLIED to reach a mutually acceptable payment proposal.

Yours sincerely

S J H Tucknott

 

 

CAN YOU PLEASE HELP ME AS I DON T KNOW WHAT TO DO AND IAM REALLY WORRIED????

 

Forget everything in my previous post........

 

Just had a look at all 5 docs.....the only thing I can see wrong is that they havent signed it.......

 

Looks like its a good agreement.......sorry

 

CCA 1974

 

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 section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

 

which basically means they have an agreement with all the rqd terms and you've signed it.

 

Even though they havent signed it a judge would probably rule in their favour

 

Someone else may have a differing view though

 

Dave

 

I agree with Dave. The first document looked iffy but when I read your earlier post it seems all in order.

 

Your best bet is to try if you have any money is to negotiate with AIC about a full and final settlement based on about 50% of what you owe. Or agree a monthly repayment that you can afford. Whatever you agree with AIC get it in writing do NOT negotiate by phone

 

Sorry Alex but it appears you have a debt and their paperwork is in order. Unfortunately we cant win em all

[alexskord]

thanks very much.I will send AIC letter for a full and final settlement although they did not provide any agreement between them and AMEX. Furthermore they added another £650 on top of what I owe to AMEX and that is £3070. Any suggestions of what should be my full and final settlement??????????????????????

[alexskord]

So AIC are asking £3720

[ODC]

So AIC are asking £3720

AIC should not have added the extra charges on top. Offer them 1500 although they will probably demand much more. If they do then try to get smaller monthly payments

[davefirewalker]

You can I believe, pay them as little as £1.00 per month, they might squirm and moan but if its all you can afford then they have to take it.

 

I would Insult them with a derisory offer at full and final ...If they dont accept, pay them a very low monthly payment.

 

Also I would ask what the extra is for.

 

they are not allowed to add penalty charges!

 

but they can add interest at the same rate as was being charged (I think)

 

Rgds

 

Dave

[TANZARELLI]

Glad you had a look at that dave, CCA enforcement is not something I am up on much.

[alexskord]

Thanks A Lot Everyone In Here

I Ll Make A Full And Final Settlement Offer To Aic Despite That They Did Not Send Me Any Contract Between Them And Amex.

[ODC]

Thanks A Lot Everyone In Here

I Ll Make A Full And Final Settlement Offer To Aic Despite That They Did Not Send Me Any Contract Between Them And Amex.

If they mess you about put them through the hoops to prove the debt. With a bit of luck their greed will take over and whoever gets your offer will think of their monthly bonus and settle for the lump sum rather than a token monthly payment