Jump to content


  • Tweets

  • Posts

    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

SLC Cannot Supply The Original Agreement


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5478 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

yes I know Peter, but Tom said

 

 

oh.... I get it... pre-case dismissed.... however the statement does read odd since THAT document is most definitely required. If I were defending this I would certainly seek a strike out before court since my defence relies entirely on this... which means there would be a strong case for the judge to do just that...

 

Z

Hi Z

You can of course apply to the court to to have the agreement made unenforceable.This would the prohibit any further action by the creditor,I know some have done this but to my mind it is a bit of a waste of time as the unsigned agreement is going to get thrown out anyway.

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

  • Replies 2.7k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Yes - just to clarify - as per the regulations quoted earlier, it is not required to produce the signed agreement in Pre-Action Protocol (i.e. before an action is raised).

 

HOWEVER

 

In any Court Action attempting to enforce a debt, it is on the day of the hearing likely the very first thing that a Judge will request from the claimant; and lack of it will have the claim dismissed.

 

What Peter Bard's letter is saying is, "why drag it all the way to court and trample all over the overriding objective to agree outside court, when you could simply produce the signed document now?". If they then fail to produce, you can tell the Judge (on the day of the hearing or even in your Defence) that they failed to comply with Practice Direction 4.6 (Civil Procedure Rules) in that they unreasonably denied access to this document prior to the Action being raised. This will not be sufficient on its own to have the case dismissed but it will certainly give the Judge some very pointed questions to ask!

Link to post
Share on other sites

? I need answering please

 

After receiving a COPY of an agreement with no date or signature on there part, well over the 12WD+30, I have now recieved another copy of the agreement which has been signed 1 month ago, this is like 2 years after they say I signed it. No terms and conditions have been supplied with either BTW, Plus both copies look like they have been put through a scanner, cut and pasted as there is a big black line chopping part of my address off which goes through the paper.

 

So what is the time period for them to sign if any at all?

Link to post
Share on other sites

? I need answering please

 

After receiving a COPY of an agreement with no date or signature on there part, well over the 12WD+30, I have now recieved another copy of the agreement which has been signed 1 month ago, this is like 2 years after they say I signed it. No terms and conditions have been supplied with either BTW, Plus both copies look like they have been put through a scanner, cut and pasted as there is a big black line chopping part of my address off which goes through the paper.

 

So what is the time period for them to sign if any at all?

 

Hi

 

Which signature now appears on the 2nd copy, yours or theirs?

 

Signatures CANNOT be added to any agreement at a later date, but for a CCA request, the creditor is permitted to omit any signatures and your name/address from the copy. In all other respects it must be a 'true' copy of the document you signed.

 

Are you able to scan or photograph the documents and post them up here?

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

Link to post
Share on other sites

HOWEVER

 

In any Court Action attempting to enforce a debt, it is on the day of the hearing likely the very first thing that a Judge will request from the claimant; and lack of it will have the claim dismissed.

 

Not always

Check this out - judge didn't mind here that claimant did not have an original agreement during the hearing despite it having been requested by defendant

The judge ruled the debt had previously been acknowledged through payments, so there was no need to see it

http://www.consumeractiongroup.co.uk/forum/general-debt/80716-link-financial-help-wanted-3.html

Link to post
Share on other sites

Hi

The ruling of the judge is wrong...

 

There should have been an appeal on a point of law raised immediatley and the attention of the judge should have been drawn to the cca secton 127.

This is of course provicing the matter was regulated under the cca.

No One is above the law not even judjes sometimes they need reminding.

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Hi

 

Which signature now appears on the 2nd copy, yours or theirs?

 

Signatures CANNOT be added to any agreement at a later date, but for a CCA request, the creditor is permitted to omit any signatures and your name/address from the copy. In all other respects it must be a 'true' copy of the document you signed.

 

Are you able to scan or photograph the documents and post them up here?

 

Regards, Pam

Hi Pam

 

I also thought i had read that the creditors name need not be on a copy because of section 180(copy of docs regs3) but i cannot find it just where it says the creditors details dont need to be provided.

 

Can you enlighten me

 

Cheers

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Hi

The ruling of the judge is wrong...

 

There should have been an appeal on a point of law raised immediatley and the attention of the judge should have been drawn to the cca secton 127.

This is of course provicing the matter was regulated under the cca.

No One is above the law not even judjes sometimes they need reminding.

 

Peter

 

If that was me I probably would have made an appeal against this, but I think the original poster wasn't too sure about it all (if you read his thread)

The hearing / judgement was only last week, so maybe he can still appeal, not sure

Link to post
Share on other sites

Hi Pam

 

I also thought i had read that the creditors name need not be on a copy because of section 180(copy of docs regs3) but i cannot find it just where it says the creditors details dont need to be provided.

 

Can you enlighten me

 

Cheers

Peter

 

Her i go quoting myself again

 

In the case of somone signing a copy then sending it for the creditors signature in order to be properly executed , under 62(2)(3) they must send one back within seven days presumably to prove that the creditor had completed the contract would this not have to have the creditors signature on it to fuilfill that purpose?

 

Regards

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Hello again

So it would seem that a coppy requested under section 77-78 of the act and also copies issued under section62(2)(3) MUST HAVE A CREDITORS SIGNATURE.

In the 77-78 case to be a true copy, and in the second case to conform to section 64 and therefore section 127(4).

 

Petr

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

K thanks Pam and Peter, I though there was a time scale for them to sign and return to me, and just so you know peter that was the agreement I PM'ed you over several weeks ago lol.

 

Looks like they Fooked up on that also lol

Link to post
Share on other sites

Not always

Check this out - judge didn't mind here that claimant did not have an original agreement during the hearing despite it having been requested by defendant

The judge ruled the debt had previously been acknowledged through payments, so there was no need to see it

http://www.consumeractiongroup.co.uk/forum/general-debt/80716-link-financial-help-wanted-3.html

 

Doesnt seem to have been much response to this - I just cant believe this should be allowed, section 127 should cause the judge th throw it out, shouldnt it?

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

Link to post
Share on other sites

Doesnt seem to have been much response to this - I just cant believe this should be allowed, section 127 should cause the judge th throw it out, shouldnt it?

 

I think the problem here was that the poster didn't speak up in the hearing and actually point out S127 to the judge. Therefore, the judge just accepted that the debt was owed.

 

If S127 is actually pointed out to the judge during the hearing, I fail to see how he/she could make any enforcement order as this would be in direct contrast to the law:

 

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).

We must speak up for ourselves and make sure the judges are aware of the law in this matter, as they are not going to fight the battle for us.

Link to post
Share on other sites

I think the problem here was that the poster didn't speak up in the hearing and actually point out S127 to the judge. Therefore, the judge just accepted that the debt was owed.

 

If S127 is actually pointed out to the judge during the hearing, I fail to see how he/she could make any enforcement order as this would be in direct contrast to the law:

 

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).

 

We must speak up for ourselves and make sure the judges are aware of the law in this matter, as they are not going to fight the battle for us.

 

I just posted on the thread.

 

There are two ways to go - one is to appeal the other is the one I suggested - chase for the CCA document then when not produced request a set aside on a point of law. The latter seems more reasonable and less of an issue for the judge.

 

Z

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

I was going to totally agree with Ian but Zubo jumped in and I also agree with his idea of how to progress this.

 

We have to learn very quickly to put our case forward. CAG is a self help site with the benefit of people with experience offering assistance when needed. Court is no different, if we speak up and make a case for ourselves the Judges will go along with it and apply the law as they see and understand it.

 

If we remain dumb then that's exactly how the Judge and court will regard us. They have no obligation to make our case for us and are there to adjudicate each side of the argument on its lawful merits.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Link to post
Share on other sites

thought i posts this on here on what the Halifax are trying now. Got this of them on Saturday over my s78 request.

 

Whilst I appreciate your situation we can enforce repayment of this debt under Crimanal Justification as spending on the account you have automatically agreed to the terms and conditions of the account and therefore remain liable for the above balance and can be continually pursued as such by our recovery Agents Blair Oliver Scott.

Link to post
Share on other sites

thought i posts this on here on what the Halifax are trying now. Got this of them on Saturday over my s78 request.

 

Whilst I appreciate your difficulty with the interpretation of an Act of Parliament which requires your compliance with Section 78 thereof, I regret to advise you that the said Act makes it an offence to even attempt to enforce the alleged agreement whilst you are in Default.

 

Regretably, I wish to formally advise you that you have failed to comply within the prescribed timescales of the Act and are now in Default.

 

I strongly suggest that should you wish to remove this default, you comply with the terms of the Act and satisfy my lawful requests. I would also point out that if you do not supply me with a true copy of the executed agreement within 30 days you have committed a criminal offence and I will report you to the authorities.

 

Z

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

thought i posts this on here on what the Halifax are trying now. Got this of them on Saturday over my s78 request.

You need to do your own research but that comment from BOS doesnt reflect my understanding. Do a google search on Wilson v Secretary of State for Trade (Wilson & Ors v. Secretary of State for Trade and Industry [2003] UKHL 40 (10 July 2003)) and Dimond V Lovell (House of Lords - Dimond (Original Appellant and Cross-Respondent) v. Lovell (Original Respondent and Cross-Appellant)). In the Wilson Case the following quote was from one of the judges

Quote: Lord Justice Sedley – "the moral for a pawnbroker such as Mr Howard is that if he wants the rewards of his trade he must operate strictly by the book, and that the failure to do so may be not merely to unravel agreements, but to reverse the indebtedness that they have purportedly caused."

 

I would do your research on these two cases so that you understand what it is all about then revert to BOS to say that the absence of a credit agreement makes a debt completely unenforceable as per the above two cases (quote the cases). Ask them to confirm that they will discharge the debt otherwise you will make a formal complaint to the OFT and Trading Standards for harrassment.

 

Let us know how you get on !! (I have three credit cards without agreements and I am in a similar position).

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

Link to post
Share on other sites

OK

 

Call me an idiot if you want (I'd prefer if you didn't though !)

 

I've looked through this forum and this thread (well, several pages at least), and I can't find an actual template of the letter that I should be sending to my bank. Could anyone please point me in the right direction.

 

As usual, any help would be appreciated.

 

Many thanks

 

David

Link to post
Share on other sites

Whilst I appreciate your difficulty with the interpretation of an Act of Parliament which requires your compliance with Section 78 thereof, I regret to advise you that the said Act makes it an offence to even attempt to enforce the alleged agreement whilst you are in Default.

 

Regretably, I wish to formally advise you that you have failed to comply within the prescribed timescales of the Act and are now in Default.

 

I strongly suggest that should you wish to remove this default, you comply with the terms of the Act and satisfy my lawful requests. I would also point out that if you do not supply me with a true copy of the executed agreement within 30 days you have committed a criminal offence and I will report you to the authorities.

 

Z

thanks for your coments drafted this letter already any thoughts on it

 

http://www.consumeractiongroup.co.uk/forum/legalities/21097-help-no-response-copy-7.html#post778967

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...