Is My Agreement Enforceable - Useful

[tamarindo]

Quote:

Originally Posted by tamarindo

Now, read this from the cca 1974 states

"shall give the debtor a copy of the executed

agreement (if any) and of any other document referred to in it, together with a

statement signed by or on behalf of the creditor showing, according to the information

to which it is practicable for him to refer,—"

 

since there is no statement signed by the creditor how can this be

a credit agreement regulated by the cca 1974 as they say???

 

Think youre getting confused and reading the regs wrong... see below:

 

Quote:

(1) The creditor under a regulated agreement for running-account credit, within the

prescribed period after receiving a request in writing to that effect from the debtor and

payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any)

and of any other document referred to in it, together with a statement signed by or on behalf

of the creditor showing, according to the information to which it is practicable for him to

refer,—

(b) the total sum which has become payable under the agreement by the

debtor but remains unpaid, and the various amounts comprised in that total

sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the

debtor, and the various amounts comprised in that total sum, with the date,

or mode of determining the date, when each becomes due.

So what its saying is they should give you a statement of the account when they reply back and that the document should be signed i.e. the bottom of the letter etc.

 

........Not that the application/agreement must be signed when they reply to your S78 as in practice this would already have been done else you have an improperly executed document (which is what you have) Have you scanned, edited out all personal info and posted up the agreement for people to check and advise?

 

PmW

[tamarindo]

Does anybody know how to attach an image??

[tamarindo]

Quote:

Originally Posted by tamarindo

Now, read this from the cca 1974 states

"shall give the debtor a copy of the executed

agreement (if any) and of any other document referred to in it, together with a

statement signed by or on behalf of the creditor showing, according to the information

to which it is practicable for him to refer,—"

 

since there is no statement signed by the creditor how can this be

a credit agreement regulated by the cca 1974 as they say???

 

Think youre getting confused and reading the regs wrong... see below:

 

Quote:

(1) The creditor under a regulated agreement for running-account credit, within the

prescribed period after receiving a request in writing to that effect from the debtor and

payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any)

and of any other document referred to in it, together with a statement signed by or on behalf

of the creditor showing, according to the information to which it is practicable for him to

refer,—

(b) the total sum which has become payable under the agreement by the

debtor but remains unpaid, and the various amounts comprised in that total

sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the

debtor, and the various amounts comprised in that total sum, with the date,

or mode of determining the date, when each becomes due.

So what its saying is they should give you a statement of the account when they reply back and that the document should be signed i.e. the bottom of the letter etc.

 

........Not that the application/agreement must be signed when they reply to your S78 as in practice this would already have been done else you have an improperly executed document (which is what you have) Have you scanned, edited out all personal info and posted up the agreement for people to check and advise?

 

PmW

Edited March 11, 2009 by tamarindo

[tamarindo]

Quote:

Originally Posted by tamarindo

Now, read this from the cca 1974 states

"shall give the debtor a copy of the executed

agreement (if any) and of any other document referred to in it, together with a

statement signed by or on behalf of the creditor showing, according to the information

to which it is practicable for him to refer,—"

 

since there is no statement signed by the creditor how can this be

a credit agreement regulated by the cca 1974 as they say???

 

Think youre getting confused and reading the regs wrong... see below:

 

Quote:

(1) The creditor under a regulated agreement for running-account credit, within the

prescribed period after receiving a request in writing to that effect from the debtor and

payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any)

and of any other document referred to in it, together with a statement signed by or on behalf

of the creditor showing, according to the information to which it is practicable for him to

refer,—

(b) the total sum which has become payable under the agreement by the

debtor but remains unpaid, and the various amounts comprised in that total

sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the

debtor, and the various amounts comprised in that total sum, with the date,

or mode of determining the date, when each becomes due.

So what its saying is they should give you a statement of the account when they reply back and that the document should be signed i.e. the bottom of the letter etc.

 

........Not that the application/agreement must be signed when they reply to your S78 as in practice this would already have been done else you have an improperly executed document (which is what you have) Have you scanned, edited out all personal info and posted up the agreement for people to check and advise?

 

PmW

 

 

Hi

 

Need help please.

is this an agreement under the CCA 1974 or just an application form

since there is no pre-scribed terms and conditions and not signature by the creditor

 

thanks

Tam

[foolishgirl]

I've replied on your other post re. this subject tamarindo (1st Credit)

[maisierider2008]

Hello Carlose, Sorry for not getting back to you until now, I just didn't get a message saying you had replied and it's taken me all of this time to notice! Sometimes I can't navigate this site too well. Anyway, I have my terms and conditions for Egg but they are just prints from the screen online. Loads of pages of it so it's taking a while to get them posted for checking. I wrote to Fredricksson (same as Capquest almost) and said I don't recognise having a debt with them and they must provide me with a signed agreement which they haven't. I have also written to Egg claiming the account is in dispute and could they provide me with bank details to make token payments until this is sorted and they haven't replied. I have just sent a reminder today. Don't know what I'm going to do next if I don't hear from them! Cross that bridge when I come to it I guess! Hope you're thread is going ok. C

[Dipply75]

Hi all, apologies for jumping in but could smeone have a look at the question at the end of this thread for a cagger please?

 

This awful company have already tried to pressure this cagger to take out a secured loan to pay them (in wiritng lol), with no CCA, and are now arguing the technical points of an enforceable agreement which I cannot advise on.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167569-allied-international-credit-3.html

 

Thanks!

[checkthatcredit]

AIC are balatantly being bullies and think that as they are based in Glasgow they are above English Law.

 

Like a lot of DCA's they only stand down when confronted by someone with a bigger stick than them!!

 

Ask them from whom they get their legal advice and suggest they find an expert in UK law - that should wind them up!!!

[Craftygirl42]

I have received one page of an agreement, no terms and conditions as of yet.

 

But interesting the part the creditor has signed is dated some months from now. They have carefully added the date we signed (this was done by post, so they wouldnt have received for a day or two anyway), but have dated the year as this year and not several years ago. Interesting this particiular date is still some months away.

 

Can anyone shed any light on if by doing this, they have messed up.

 

Many thanks

[oxymoronish]

Sorry guys but if the cca is returned, what are we looking for just the apr to make it unenforcable? and also would it not be better to ask for charges back before asking them for a cca?

[N.P]

Sorry guys but if the cca is returned, what are we looking for just the apr to make it unenforcable? and also would it not be better to ask for charges back before asking them for a cca?

 

 

Hi there,

 

Welcome to CAG. Do you have a your CCA?

 

If so, could you possibly start your own thread for this and scan up the agreement for us to have a look at?

 

Don`t forget to edit out any identifying features, and put a link to your thread on here so we can check it out.

 

Regards

 

 

 

N.P

[count orlok]

I've sent of over a dozen CCA requests, most are still looking or have not answered, one said they couldn't find it so were not going to chase for money, and the other sent me a copy of something they claim is an agreement. could some kind person pop over to this thread and give me an idea of wither this is any good; http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/189921-hypothetical-scenario.html

 

cheers

[checkthatcredit]

The Consumer Credit Act 1974 under which you challenge agreements covers agreements up to £25000. If the loan was for up to £25000 and any other charges eg interest, PPI etc bring it over £25000 it is still covered, however if the initial loan was for more than £25001 then usually this is a secured loan and is a different animal and the challenge will be a lot more difficult - also you would probably have the security seized!

[N.P]

The Consumer Credit Act was amended so that agreements dated after April 6th 2007 were automatically compliant. [edit]

 

That would seem the case, but it actually makes me laugh.

 

The simple question is, what if agreements don`t comply with the Act?

 

This is grossly unfair as it means the Goverment can change Laws to suit Companies and themselves, so the average Joe Soap can have no rights and will never win a dispute, because he is right and the Agreement which can then be wrong is automatically compliant.

 

The mind is boggling again

 

 

 

N.P

[checkthatcredit]

yes it doesn't seem fair - someone I know bought a car on 10th April 2007 and would love to challenge his agreement but he is 4 days out!!!! But for everyone to be able to challenge their agreements there had to be a cut off when the banks got their act together.

[scott12345]

from my thread ,,which company most likely not to produce VILID cca,,

regulatethenet posted that he thought that ccas prior to 2004 are not enforcable even if unlucky enough to recieve 1,

could you good people explain why the date prior to 2004 is so important,,was there a chance in agrement after that or something,

please forgive me,but im picking the fight up slowly thks to this great site and you grt people but lot to learn yet:)

at least now ive hope;);) so thanks guys

[citizenB]

Could someone please pop in on the following thread and offer advice on an electronic agreement made in 2006. I have linked the OP to the regulations that advise online applications made prior to 2004 which advise a signature is still required. Other than that I have no knowledge of this form of application. Thanks

 

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/191394-mbna-virgin-cca-view.html#post2068181

[Dipply75]

Hi all, am hoping someone could look over the agreements on this thread:

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/190778-welcome-finance-please-can.html

 

Bit of a strange one...the new agreement is listed as a modified HP agreement (OP was struggling and Welcome Finance talked him into refinancing ) but....the original agreements posted up look like only bog standard unsecured loan agreements?

 

They seemed awfully desperate to get him to sign the new one, could they have cocked up originally and realised it?

 

Thanks loads in advance

[London000]

Hi there,

I am so sorry to ask but as I am new to this forum I would like to ask...

I am trying to get my agreement but before I do it I would want to know if I am on the right approach...

I have had a credit card with Halifax since 1997. A year and 1/2 ago I have been out of work and by having them calling me every week 3-4 times, I was a bit scared and I haev asked if I can pay a £38.00/monthly under an agreement for 1 year although I do not remember signing it.

What road can I take now? A I entitled to ask for the original agreement?

Please help.

Thank you very much and I am sorry for any trouble.

DD

[foolishgirl]

, I was a bit scared and I haev asked if I can pay a £38.00/monthly under an agreement for 1 year although I do not remember signing it.

What road can I take now? A I entitled to ask for the original agreement?

Please help.

 

Hi London

 

Welcome to CAG

 

When you say you agreed to pay £38.00 per month was it just a tel. call? i.e. if you haven't any documentation, could it just be an informal arrangement made under threats & harassment by DCA?

 

If so, it shouldn't be binding, it would be the original agreement that would be the one you need to refer to & you should apply for a request for it under S78 of the CCA1974. Do not sign your letter, use digital signature or print, send £1.00 PO & mail Rec. Del. Do you need a template for the letter?

[A+]

Hi all, since this thread has a lot of experience CCA analysts on it, could someone cast a quick eye over this agreement below and confirm my suspicions that it is FULLY ENFORCEABLE?

Many thanks

[blueknight61]

Hello,

 

I wonder if someone can answer me a question regarding CCAs? I have been reading various threads and my head hurts from trying to fathom out what to do next.

 

Does the copy you are sent have to be a photocopy of the original agreement that you signed?

 

I have a thread running, but seems to have gotten buried, I recently CCA'd Westcot regarding a Nat West Loan. Nat West have sent back a document (albeit well over the 12+2 days allowed - 40 days later in fact)that lists all the correct things a CCA should list apparently - but nowhere on there are mine, my ex's or any bank signatures. It seems to be just something that has been typed up to reflect everything the law says should be there.

 

I'm at a loss as to what to do next, should I now be speaking to Westcot and arranging a payment plan or can I send the account in dispute letter?

 

Many thanks

 

blueknight61

[foolishgirl]

Hello,

 

Does the copy you are sent have to be a photocopy of the original agreement that you signed?

 

Short answer - no it doesn't, it has to be a 'true' copy but it still has to contain the prescibed terms etc.

 

I have a thread running, but seems to have gotten buried,

 

Do you have a link you can post up please?

blueknight61

 

FG

[blueknight61]

FoolishGirl,

 

Thanks for replying - link is Help and Advice Needed

 

Hopefully it will work

 

Blue

[maisierider2008]

Hello

 

I was wondering if anyone could help me on these threads I have created:

 

http://http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/188735-agreement-enforceable.html

 

This is for LloydsTSB.

 

I have received a letter from them which is the first I've received for a while. I don't understand what they are saying!

 

It says:

 

Account number: xxxxxxx

Period covered by statement 19th Feb 2008 to 12th March 09

Loan period: unavailable

This is the date of the first movement of your account

 

Loan amount: unavailable

 

Interest Rate: 0%

This rate has applied thoroughout the period of the statement to the whole outstanding balance and will apply for the remaining term

 

Term of Agreement: Unavailable

This is ythe duration if the agreement as provided in the agreement and does not take into account anything that could vary the term, for example if you take a aymnt holiday or make an overpayment

 

Opening balance: £xxxxxx

 

Transaction details: date description amount£

 

Closing balance £xxxxxx

 

More information

This statement does not contain all the information which you are entitile to receive from us about your agreement. If you would lie to receive this extra information please get in touch with us to obt5ain it. We are required to provide you with this information at no additiona cost within fifteen working days of receiving your request for it.

 

Paying less that the agreed sum

if you pay less than your agreed paytmentin most cases it is likelyt to take you longer and may cost more to pay off the debt under the agreement.

If you have difficulties making payments under your credit agreement please contactus if uyou have not already to discuss terms for the rest of the agreement. you may also want to seek advice on whaty do do from an independent free advice agency such as the CAB.

 

Dispute resolution

If you have a problem with your agreement, please try to resolve it with us in the first instance. If you are not happy with the way in which we handle your complaint or the result, you may be able to complain to the Financial Ombudsman Service. If you do not take up your problem with us first you will not be entitled to complain to the ombudsman. We can provide details of howto contact the ombudsman.

 

Settling your credit agreement early

you can settle this agreement at any time y giving us notice in writing and paying ffg the amount you owe. If you wish to settl early you should contact us for a final settlement figure.

 

not signed

 

Weird huh!?

 

Anyway, I would be most grateful if there is anyone out there that can tell me what this means and whether my agreement (on the link) is enforceable.

 

I have the papers ready to take to the court to claim my bank charges back but would like to clear this up first.

 

Best regards

 

Thank for any help

 

maisierider2008