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    • Consumer Lover
      Statute barred/Prescribed date vs 5 year default date anniversary

      By Consumer Lover · Posted

      Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report?   The three I have with the May date are moot anyway as either way they are gone - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August so I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they.   I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc?   I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's.   Thanks in advance for any advice.  
    • FTMDave
      Alliance Parking Letter of Claim - snotty letter help?

      By FTMDave · Posted

      I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • lookinforinfo
      Alliance Parking Letter of Claim - snotty letter help?

      By lookinforinfo · Posted

      OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • clou00
      Alliance Parking Letter of Claim - snotty letter help?

      By clou00 · Posted

      Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • lookinforinfo
      Alliance Parking Letter of Claim - snotty letter help?

      By lookinforinfo · Posted

      They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.

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      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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Is My Agreement Enforceable - Useful

42man

By 42man
in Debt Collection Agencies

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Peterbard

Peterbard

Posted
Posted
Firstly there would most likely be a statement on the document that states if the detail are incorrect please amend

 

it is your obligation to ensure that the document which you sign is accurate, you can be held accountable for basic errors if you fail to notify the company of the error, this would be the case as well if you entered the wrong info on your application form and then allowed the error to continue on the actual agreement

 

As it goes, if the name is not your name and your signature does not appear on the agreement then you may have an argument.

 

however if it is as WelshMam2009 suggests then its likely to be classified as de minimis non curat lex and therefore as the latin states the law does not concern itself with triffles

 

 

Hi

 

Curtosy of Francis Bennion

 

There was a young fellow named Rex

who showed little sign of his sex.

When charged with exposure

he replied with composure

de minimis non curat lex

 

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

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steven4064

steven4064

Posted
Posted

To be enforceable it must have your signature and the prescribed terms (credit limit, interest rate and repayment terms) on one piece of paper. Your agreement is enforceable if and only if the first lot of T&Cs is on the back of the application form.

 

 

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cds

cds

Posted
Posted
So even if the agreement is in a totally different name it doesn't matter? Strange.

 

I haven't signed anything. It was with Virgin Media and I have been told there is no paperwork etc (I sent a request for info thingy wotsit)

 

didn't know virgin media did credit cards

 

cds

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html:)
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MarkieMark

MarkieMark

Posted
Posted

Some of the potential Breaches In Regulated Credit Agreements:-

 

Select the one that applies to your agreement:-

 

The Regulated Credit Agreement was not properly executed under section 61(1) of the Consumer Credit Act 1974 (‘the Act) in that:-

a) Contrary to section 60(1)(b) the document did not embody all the terms of the agreement other then implied terms in that it excluded a term orally agreed between the parties whereby the creditor would effect insurance of the goods.

b) Contrary to section 61(1) © when the document was presented to the debtor for signature it was not in such state that all of its terms were legible.

c) Contrary to the Consumer (Credit Agreements) regulation 1983 (‘the Regulations) regulation 2 and schedule 1, Paragraph 1, the document did not contain any heading.

d) Contrary to regulation 2 and schedule 1, paragraph 2 of the regulations, the document did not state the name or any address of the creditor or the name and address of the debtor.

e) Contrary to regulation 2 and schedule 1paragraph 3 of the regulations, the document did not contain any alternatives an adequate description of the goods.

f) Contrary to regulation 2 and schedule 1 paragraph 4 of the regulations, the document did not state the cash price in respect of the goods.

g) Contrary to regulation 2 and schedule 1 paragraph 5 of the regulations, the document did not state the amount of the advance payment to be made by the debtor.

h) Contrary to regulation 2 and schedule 1 paragraph 9 of the regulations, the document did not state the total charge for credit.

i) Contrary to regulation 2 and schedule 1 paragraph 11, of the regulations, the document did not show the total amount payable.

j) Contrary to regulation 2 and schedule 1 paragraph 15, of the regulations, the document failed to state the APR.

k) Contrary to regulation 2 and schedule 1 paragraph 18, of the regulations, the document did not contain a statement indicating that in which might occur under the agreement of the rate or amount of any item entering into that calculation.

l) Contrary to regulation 2 and schedule 1 paragraph 21, of the regulations, the document contained no description of the security provided by the debtor.

m) Contrary to regulation 2 and schedule 1 paragraph 22, of the regulations, the document contained no indication of any charges payable on default.

n) Contrary to regulation 2 and schedule 2, paragraph 3, of the regulations, the document did not contain a statement in the prescribed form setting out the debtors’ right to cancel the agreement.

o) Contrary to regulation 2 and schedule 2, paragraph 5, of the regulations, the document did not contain a paragraph in the prescribed form setting out the debtors rights of termination alternatively contained in the paragraph purporting to set out such rights which was not form the form prescribed by the regulations.

p) Contrary to regulation 2 and schedule 2, paragraph 9 of the regulations, the document did not contain a statement in the prescribed for setting out the debtor’s rights in relation to repossession alternatively contained a statement concerning those rights which did not conform to the said paragraph.

q) Contrary to regulation 2 and schedule 5, paragraph 1, of the regulations, the document did not contain any form of signature box which did not confirm to the requirements of that paragraph.

r) Contrary to regulation 2 and schedule 5, paragraph 1, of the regulations, the creditor’s signature did not appear in the form of a signature box prescribed by that paragraph.

s) Contrary to sections (58(1) and 61(2), the creditor failed to give the debtor a copy of the unexecuted agreement containing the prescribed notice and failed to give the debtor a copy of the document referred to in the unexecuted agreement, namely a blank bankers order.

t) Contrary to section 61(2), the creditor sent the unexecuted agreement to the debtor less then seven days after sending the copy thereof under section 58(1).

u) Contrary to section 61.(2), the agreement being one to which section 58(1) applied, during the consideration period, the creditor without receiving any request from the debtor, frequently communicated with the debtor both by telephoning him and by visiting his home.

4. By reason of sections 61 and 65 of the Act, therefore, the said purported agreement is not enforceable by the creditor against the debtor.

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cleo4patra

cleo4patra

Posted
Posted
To be enforceable it must have your signature and the prescribed terms (credit limit, interest rate and repayment terms) on one piece of paper. Your agreement is enforceable if and only if the first lot of T&Cs is on the back of the application form.

Sorry to jump in - cleo here - in a letter to us from Bank of Scotland after they sent only application form and current t & C's they said " historical terms and conditions are unavailable" - I assuem they would have been on the reverse? -they only admitted this very recently after long rounds of ceoorespondece?????? Does this mean unenforceable-thanks

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katie3105

katie3105

Posted
Posted

Could someone please help me with a question I have about Barclaycard. I asked for a copy of my agreement which was taken out in about 1980 ish. I received a copy with no signature on which by my understanding hteu are allowed to do. I was about to ask them for the signed copy with a cpr letter but when I read their response they quoted 'reg 9 of the 1983 regs states for acoounts opened before 19th june 1985 such as yours, we can send a copy of your current executed credit agreement.'

I would like to know if this means they do not have to produce the original and if it were to go to court they would not have to rpoduce the original.

thanks

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SteveH2508

SteveH2508

Posted
Posted
Could someone please help me with a question I have about Barclaycard. I asked for a copy of my agreement which was taken out in about 1980 ish. I received a copy with no signature on which by my understanding hteu are allowed to do. I was about to ask them for the signed copy with a cpr letter but when I read their response they quoted 'reg 9 of the 1983 regs states for acoounts opened before 19th june 1985 such as yours, we can send a copy of your current executed credit agreement.'

I would like to know if this means they do not have to produce the original and if it were to go to court they would not have to rpoduce the original.

thanks

 

I am afraid that that is correct - a pre-1985 agreement would not be covered by the Agreement Regs 1983 and all the prescribed terms stuff anyway.

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heather79

heather79

Posted
Posted (edited)

page 1 picture by heather1979_photo - Photobucket

 

 

[/url]

http://i284.photobucket.com/albums/l...o/scan5163.jpg

http://i284.photobucket.com/albums/l...o/scan6164.jpg

http://i284.photobucket.com/albums/l...o/scan7165.jpg

http://i284.photobucket.com/albums/l...o/scan8166.jpg

 

can someone check this out for me so i know how to go forward thanks

Edited by heather79
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the_shadow

the_shadow

Posted
Posted

 

Please delete the Direct Debit form it has your name on it.

 

S.

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the_shadow

the_shadow

Posted
Posted
all done i never get it right when i do this lol

 

Well done, you've deleted one but the Scan3.jpg page is the same page duplicated! Please delete or edit that one also!!!!!!

 

To me it looks like the prescribed terms are there.. but I cant see anything with your or there signature on it, one of the images has been deleted.. .is that it?

 

S.

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heather79

heather79

Posted
Posted

this is the 2 pages deleted and i changed it to cover my name etc

 

http://i284.photobucket.com/albums/ll22/heather1979_photo/scan3-1.jpg

http://i284.photobucket.com/albums/ll22/heather1979_photo/scan2-1.jpg

 

i have just noticed that that the credit agreement that robinson have sent me doesnt have the 2nd page ive just added (i got that page from the one lloyds sent me)

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the_shadow

the_shadow

Posted
Posted
ive just had a look at the agreement again and it disnt look as if there is no right to cancel, can someone please help with this asap thanks

 

I think it depends on where the contract was signed as to whether the right to cancel has to be included, if its on the companies premises it doesnt have to have it... if its via distance selling.. i.e. over the phone or at your home then it does..

 

It would be good to get clarification of this as this is just my humble opinion at present.

 

S.

 

Edit: Oh and its not a prescribed term but you could argue you were prejudiced if it wasnt on the agreement when you signed IF it should have been.

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foolishgirl

foolishgirl

Posted
Posted
I think it depends on where the contract was signed as to whether the right to cancel has to be included, if its on the companies premises it doesnt have to have it... if its via distance selling.. i.e. over the phone or at your home then it does..

 

It would be good to get clarification of this as this is just my humble opinion at present.

 

 

Correct - if it's signed on the finance supplier's premises (or anywhere that is deemed to be such) no cancellation box is required.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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heather79

heather79

Posted
Posted

mmm it was a consolodation loan which i done over the phone to lloyds and they sent the forms out to me and i sent them back (its great when you are in trouble how they add on extra interest and over hundreds of years)

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N.P

N.P

Posted
Posted
all done i never get it right when i do this lol

 

 

From your Photobucket Album Folder, choose which Image / Scan you`d like to use, then you only need to Copy and Paste the IMG Code Link.

 

That way, your Image should appear directly on your CAG post, without the need of Link clicking.

 

Hope this helps you.

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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N.P

N.P

Posted
Posted

Heather,

 

When you say it was a Consolidation Loan, could you be more specific?

 

IE, what was it to consolidate? Did you receive any extra monies?

 

If so, did you receive the FULL amount of the Loan, or just the extra monies?

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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heather79

heather79

Posted
Posted
Heather,

 

When you say it was a Consolidation Loan, could you be more specific?

 

IE, what was it to consolidate? Did you receive any extra monies?

 

If so, did you receive the FULL amount of the Loan, or just the extra monies?

 

 

 

N.P

 

 

i had 2 loans, which they put together, and i got £300 extra on top of it (the clutch had went on my car), and made the payment over 12 years

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San Martino

San Martino

Posted
Posted

Hello

 

I have just stumbled across your post, I had a similar query about a loan and asked Trading Standards to clarify my position.

 

I had a loan agreement with all the prescribed terms but no specific cancellation clause/cooling off period.

 

Have a look, hope it helps.

 

http://i600.photobucket.com/albums/tt82/San_Martino/Alliance%20and%20Leicester/Alliance1.jpg

 

http://i600.photobucket.com/albums/tt82/San_Martino/Alliance%20and%20Leicester/Alliance2.jpg

 

http://i600.photobucket.com/albums/tt82/San_Martino/Alliance%20and%20Leicester/ALTStandards.jpg

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