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Help again please with 1st credit


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Lisa remember there are certain things that MUST be included on the agreement.

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

Mailer applications fail in this regard.

Be VERY careful whose advice you listen too

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Lisa, have a check on other threads to see who has responded to your same query, and PM them, to bring your thread to their attention, and then have a look at your application form;) . So you know what step to take next:)

OK Curlyben to the rescue!

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Hi guys biggrin.gif

 

Update...

 

Very positive meeting with Trading Standards this morning. My local TS are very quick and professional. I contatced them via Consumer Direct on Tuesday and they came to my house this morning, listened and noted everything I had to say, even took all documents and notes, copied and returned them this afternoon.

 

Will update as soon as I hear back from them :)

 

*BB waves at 1st credit*

 

Am compiling exstensive and detailed complaints against 1st credit for numerous offences including criminal harassment, his company and also LTSB for employing this bunch of idiots for the disgraceful way in which I've treated :p

 

BB

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  • 2 weeks later...

Just spoke with TS, and 1st credit admit to owning the alledged debt (a bulk purchase for which they don't have the paperwork :rolleyes: ) :D

 

They also informed TS that when they produce the CCA (they're well past their 12+2 and month btw) that they can enforce it without going to court :lol:

 

TS were also told that I have never told 1st credit about my longterm illnesses and disabilities :shock: and the only record they have is that I'm longterm ill...

 

Such a shame the calls aren't available, because everytime from last autumn that they called, I told them in great detail my personal circumstances and this information was used to bully/harass/stress etc. me further :-x

 

TS are doing brilliantly, and I'm also indebted to you wonderfull people here.

 

Will update when I get more news.

 

*hugs*

 

BB

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BB, you're doing a grand job! :)

I'm sorry if I don't keep up with this and other threads, this is really taking it out of me. But I see your CCA response, LisaM, and like BB I haven't had one from 1st Credit - and if you check my sig, you'll see they're well overdue!

Have spent the best part of today writing to the 'good' creditors (ie. the ones who accepted our DMP and have had the grace not to employ these grub DCAs. With each letter is a cheque, and hopefully they'll send us standing order details so we don't have to go through this again. I seriously feel like weeping now. It's very hard knowing that the apparent aim of DCAs is to break you down, so they can scoop up what's left of you.

Anyway, I'm seriously impressed by the TS route, BB and all. :) After these letters are posted tomorrow, we'll be phoning them ourselves. 1st Credit is just one on the list, and right now not the biggest - they went all quiet about a month ago! ;)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Just had to speak to those good people at 1st Credit for the 1st Time. The woman I spoke had the tact of a brick and the negotiing skills of an ant. Her idea was to say I need to pay £XX per month or they get a charging order on my property and take procession of it. Hello Mr !st Credit may i suggest that do so homework before you go to work tomorrow :p

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Try and get this to the next page;)

1st credit are not able to go for charging orders/repossession, I know this as I have a letter from Lloyds TSB saying so:rolleyes:.

We have all got it wrong, they are really very nice people, trying to make our debt as easy to deal with as possible, and in the most pleasant of way for all concerned (it says so on the their web page:rolleyes: ).

 

GDP, and sosumi (in particular) treat them with contempt, they do not care about you, not one of them, point of case, Ikea was one of the first I spoke to, and really nice fella said yea get it sorted now, Ikea are the only ones still charging interest!, so the debt just keeps increasing.

THEY DON'T CARE, do not upset yourself, get tough like the rest of us, they are [edit]:p

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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LTSB would say anything to protect their reputation :rolleyes:

 

All this has made my existing illnesses and disabilities worse (got medical evidence to prove this). So not backing down now, I'm going for them all ;)

 

Have a great weekend everyone and thanks again for your incredible support and advice :D

 

*hugs*

 

BB

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:o Good grief you were an early bird again this morning!!

 

You're doing a fab job - keep it up. Looking forward to following this with you to the end ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Could people please refrain from making personal comments about members of staff, alleging illegal activity or comments which may otherwise compromise the position of this site.

 

Thank you for your co-operation. :)

 

Willing to co-operate if I knew what I'd done that contravened the above Zoot, I've had 5 edits on my posts re this organisation. Exactly what is it that they do not like. Could it be our referral to their 'oversight' (didn't want to use the term **ying) on our comments.

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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Willing to co-operate if I knew what I'd done that contravened the above Zoot, I've had 5 edits on my posts re this organisation. Exactly what is it that they do not like. Could it be our referral to their 'oversight' (didn't want to use the term **ying) on our comments.

Seconded.

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