SLC Cannot Supply The Original Agreement

[noomill060]

Thanks for your response, cobbet slayer.

[noomill060]

Just checked-

 

It does actually say in the wee sig box: "This is a Credit Agreement regulated by the Consumer Credit Act 1974". :o I'll scan it at the library tomorrow.

[noomill060]

Still, none of the prescribed terms on the signature document, though.

[noomill060]

"Application Agreement"

 

Shot at 2007-07-09

[noomill060]

Bit illegible, but just asks for name, address, salary, length of time at address, job, bank account details.

 

No APR

 

No repayment periods

 

No credit limit.

[noomill060]

Shot at 2007-07-09

 

 

Shot at 2007-07-09

[noomill060]

Sorry aboit the size, I'll try to reduce it.

 

Just noticed that yes, the credit limit is mentioned.

 

However its not mine!

 

The T&Cs state that credit limit will be £150, £500, £1000, £1500 or £2500.

 

My original credit limit was £1400.

[noomill060]

Oh flip, how the f can I delete my gigantic photocopy (of the photocopy) of the 1999 Barclaycard T&Cs?

[noomill060]

go here:

 

ImageShack® - Hosting

[noomill060]

you up load you image and it gives you a URL which you cut and paste in here.

[noomill060]

A regulated agreement unsigned by the borrower is uneforceable under any circumstances.

[noomill060]

As the account is now closed, why bother worrying about it?

[noomill060]

Question regarding defaults on credit record:

 

Notwithstanding questions of enforceability, If a prescribed term in a credit agreement is missing or incorrect, is a credit provider still permitted to enter a default on that account to the credit reference agencies?

[noomill060]

Thanks for the info joncris.

 

A suitably worded letter will be on its way to Barclaycard's CEO...

 

Fraud? Yikes!

 

(In connection with their failure to comply with my s.78 request, I sent a section 10 notice to his office well over a month ago, which has been ignored, save for the fact they appear to have been spurred into complying with the s.78 request. So an action enforcment of my s.10 notice is also possible, I believe)

 

I discovered my original credit limit is not that as stated in the original T&Cs by way of the data supplied by Barclaycard under my S.A.R - (Subject Access Request).

 

(Talk about giving them enough rope to hang themselves. They appear to have gone over to B&Q, bought a length of good stout rope and some strong timber, assembled a scaffold and put their neck in the noose and are inviting me to pull the lever!)

[noomill060]

[noomill060]

Police and Trading Standards, Consumer Direct, Financial Crimes Unit at HM Treasury (as long as you have definate proof - ie actual letter from Cobblers stating that they dont have a copy of the agreement'

[noomill060]

Prescribed terms-

 

1) APR

 

2) Amount of credit

 

3) Repayment period

 

4) Borrower's sig.

[noomill060]

If any of these are missing or incorrect the agreement is improperly executed and can only be enforced on the order of a Court, but because of the wordig of s.127(3) the Court would be precluded from doing so under any circumstances.

[noomill060]

You asked for the Prescribed Terms.

[noomill060]

In that case, joncris's advice to me in post 2711 would apply to you too.

 

To enforce or attempt to enforce a legally unenforceable agreement is unlawful and *may* be construed as an offence under the Fraud Act 2006.

 

Phone/ write to Consumer Direct tomorrow. Go get that letter from their sols photocopied and send a copy, along with a covering letter of complaint to Trading Standards.

 

Fraud Act = Police. Go give them a visit. Ask to speak to CID, dont bother trying to explain the whole story to the muppet on the desk.

 

Copper: "Yes, sir, can I help you?"

 

Cobbet Slayer: "Yes officer, Thank you. I would like to speak to a detective concerning a serious offence under the Fraud Act 2006"

 

Copper "I'll need some details"

 

Cobbet Slayer "I would prefer to speak directly to CID"

[noomill060]

"I don't imagine that I've heard the end of it but we'll see what happens."

 

I expect that the manager concerned is thinking pretty much the same thing!

[noomill060]

s.127 (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).

Hope you get this in time! Good luck.

[noomill060]

If its already been dealt with and youve got a CCJ, there is no point CCAing them, as the agreement has been enforced.

 

Sorry, but I cant give you hope.

[noomill060]

I stand corrected- hope you get sorted.