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Is My Agreement Enforceable - Useful


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This is a good point. The thing is the documentation fee should never have been treated as part of loan. Do you know if this would could be related to some sort of "unfair terms" law/act?

 

you need to look in the legal section or ask one of the mods as i KNOW i read a case somewhere where the judge ruled that the charging of interest on the documentation fee blew the case apart

 

trouble is- ive read so much i cant remember where it was

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Ok the prescribed terms arent on that document but some of them appear to be on the other document you posted originally and item number 3 in your photobucket account. However you can only read a little bit of the repayments part and I cant see anything about a credit limit. I would say its illegible and therefore unenforceable until they provide a better copy.

 

S.

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'Prescribed Terms'.

What am I looking for specifically?

You are right tho - the copies arent great - the form is clearer and legible but the other doc is not - even when I blow it up.

thanks

D

 

See start of this very thread..

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html#post1005260

 

S.

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Got it ! thankyou so much -

Ah HA!!!

So - it seems the rate of interest is not in the main body of the agreement. Only on the separate t&c doc. I also think the 'repayment' section is possibly lacking.

Do I just SAR them now?

 

This is brill.

Thanks for all the help!

 

minx

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Got it ! thankyou so much -

Ah HA!!!

So - it seems the rate of interest is not in the main body of the agreement. Only on the separate t&c doc. I also think the 'repayment' section is possibly lacking.

Do I just SAR them now?

 

This is brill.

Thanks for all the help!

 

minx

 

For what? If you have charges on this account then yes a sar would help to reduce the balance.

 

Otherwise if the CCA is not compliant then its unenforceable, they will know this but expect you to not.

 

S.

Edited by the_shadow
No idea why I typed what i did.
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I must misunderstand the purpose of SAR. I thought I needed it in case they try to push it further, which I am sure they will. But yes there is interest at least on there which I asked them to freeze in January but which they refused to do.

 

So - now I just write and give them a 'yah boo sucks' kinda letter???

Which one?

double brill!!!

I just need time - before they dump me in a pile of doo doo!

 

minx

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Ah - hold on - What about if the interest rates are part of T&Cs and these are on the REVERSE of the application form. Does that mean they are 'within the main body' of the agreement?

 

minx

 

it is my understanding that the prescribed terms cannot be "scattered" around within the general t & C's

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Hi its Lyla

Could any of this apply to an unregulated unsecured agreement made in 2005 for 28,000. ?Been taken to court for 19,000 + costs for a tan machine that Lombard terminated,they wanted the goods back but in the end would nt take them & got locked into paying.Other person is now bankrupt.Any ideas? Cheers

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Hi its Lyla

Could any of this apply to an unregulated unsecured agreement made in 2005 for 28,000. ?Been taken to court for 19,000 + costs for a tan machine that Lombard terminated,they wanted the goods back but in the end would nt take them & got locked into paying.Other person is now bankrupt.Any ideas? Cheers

 

Unfortunately the key is in the "unregulated" bit, so there is nothing to say what should and shouldnt go in an agreement.

 

However one avenue could be if the agreement can be shown to be unfair possibly under CPUTR2008 you might have a case.

 

S.

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Hi

 

Is this agreement enforable ? i need to know as soon as possible i got to go the branch on monday and if its not enforable i will not go to the appoiment with the branch manager.

 

John

Edited by Scouserlad
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John, I can see your details, you need to go over with the black marker a few times!

 

Check your sums, if they are charging you interest on the loan protection insurance then this agreement is unenforceable. It looks like they may have lumped it all together and then charged interest on the whole, in which case this is exactly what they shouldn't have done. See the judgement on Spurway as well, they should have used the term 'Amount of credit' to separate out what amount is actually being given to you on credit, they have only used the terms 'loan', 'cash loan' and 'total loan' which the Spurway judgement says is not sufficient.

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Man, that is the biggest scan I've ever seen go up on site!:smile:

 

Redfish is asking you to check your statements and find out if interest is being applied to the combination of the loan and PPI; they're not allowed to that! PPI is a separate thing altogthere and should never be combined with the 'loan'.

 

You need to spend a bit of time on this site - be pro-active - and learn how to understand what is enforceable and what is not. USe the search engine on this site to find the Spurway case and read up on it. The term 'loan' is not sufficient.

 

It's not easy trying to sort this stuff out so you need to dig your papers out and have a root around here. Also, what I would do is stay your appointment with the bank manager and learn a little bit more here so that when you do go and see him you can back up your reasons for citing the agreement as unenforceable instead of stammering when he asks you why you think it so.

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