RW&Co Ltd Settlement Help!

[lemma1968]

Assuming it is all legal and has all the prescribed terms, then S.A.R - (subject access request) them so you can get a detail of all the charges, and then start negotiating i think.....but hasn't the deadline passed?

 

If so and there is no info from them then you stop paying until they do or use the fact they can't produce it as a negotiating tool. OOOOOh, and report them to the OFT etc. Rory is the king on this. pm him.

[symeon]

Thanx Lemma,

 

I just asked in case anyone else had CCA'd a DCA and then the agreement turned up after the deadline.

 

I am not sure what will happen if they find the agreement as the deadline has now passed.

 

What I would like to know is if RW find the agreement now, would that then mean I would have to start repayments again?

 

 

Thanx Again,

 

Symeon.

[rory32]

What I would like to know is if RW find the agreement now, would that then mean I would have to start repayments again?

 

Yes if the copy of the agreement complies with the CCA1974. This is why it is important to push for closure at some point.

 

Below is the OFT's response to failing to provide an agreement:

 

For your information, the general effects of sections 77-79 requires the creditor/owner

(in the case of a hire agreement) under an agreement for (fixed-sum credit, running

account credit and hire agreement) to provide the debtor/hirer with a copy of the executed

agreement and a statement of account on request.

 

If a creditor/owner fails to comply with a valid request within a period of 12 days

(not including the date of receipt of the request) he may not enforce the agreement at all.

This prevents enforcement with or without a court order. If a default lasts for a month

(for example a calendar month) it constitutes an offence. We understand your concerns in

this matter but please do remember however that once the creditor/owner complies with

the request albeit out of time, he may once again enforce the agreement.

 

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement

and the statutory content of the agreement. The name, address and signature of the debtor do

not have to be provided. Additionally, the creditor must supply the total sum paid under the

agreement by the debtor; the total sum which has become payable under the agreement but

remains unpaid; and the total sum which is to become payable under the agreement by the debtor

(the latter two must include the various amounts comprised in that total sum and the date when

each is/was due). However, the copy must be a copy. It need not be exact on immaterial points,

but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have

difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody

would know what was in the original. When the trader comes to enforce the debt in court, he needs

to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot

otherwise.

 

In the absence of a copy of the original agreement someone's liability for a debt can only lead to

further query. However in circumstances like this we would view it is as unfair practice under

section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or

provide details as appropriate when a debt is queried or disputed.

[symeon]

This is why it is important to push for closure at some point.

 

 

Thanx for that info Rory.

 

Regarding your post above. I'm sorry if I'm being a bit thick again... but how exactly do I 'push for closure'? I have no idea if I should be doing anything at this stage or just sit back and wait for RW to reach the 30 day deadline.

 

Thanx Again,

 

Symeon.

[rory32]

At the moment just wait for the 30 day deadline.

[symeon]

OK, will do.

 

Thanx again ev1 for your help.

 

Symeon.

[symeon]

Hi again,

 

Well this morning I received the CCA from RW&Co.

 

Could someone please tell me if it is a true CCA. I think it may well be but I don't know what is classed as 'true'.

 

Thanx Again,

 

Symeon.

[rory32]

Symeon,

If you can scan the copy of the agreement and post it removing all personal details first we should be able to tell you whether it is enforceable or not.

[Curlyben]

Geee that's an APPLICATION, oh well better luck nect time RW&c

[clutchingatstraws]

Looks to me as though they haven't signed it

[symeon]

Hi Rory,

 

The only thing I received this morning is what I have already scanned and posted (post #57), along with a compliment slip saying 'copy of agreement as requested'.

 

Kind Regards,

 

Symeon.

[symeon]

The only signatures on it are mine and my OH.

[Curlyben]

I think RW&c are having one of these:

[symeon]

Is this definitely not a true copy then just an application for credit?

 

Symeon.

 

P.S. Like the pic CB.

[Curlyben]

It IS a true copy, of your application form and NOT an excuted agreement.

If falls down in so many areas and DOESN't contain any of the prescribed terms, namely:

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

*

* rate of interest – see Q8.6repayments – see Q8.9.

As well as not being signed by them.

[clutchingatstraws]

Go find the shredder Mr RW

[symeon]

Just another quick Q...

 

Does the fact that they have a copy of the App mean I have to start paying them again?

 

I was due to make an instalment by the 16th of this month which was part of RW's 'fake' settlement offer.

 

Thanx Again,

 

Symeon.

[Curlyben]

You can if you want to

[rory32]

Does the fact that they have a copy of the App mean I have to start paying them again?

 

No. You can continue to withhold payment.