Is My Agreement Enforceable - Useful

[foolishgirl]

Really confused, gut reaction says the T&C on page 2 have been pasted on, so won't find out till/if it goes to court

 

You could try using CPR 31 but suggest you read this before doing so & note the caveats:

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[mortalwombat]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/115796-my-debt-4.html#post2094641

 

 

Can someone take a look at this and advise me on what i should do next please?

[maisierider2008]

Thanks Foolishgirl

 

Here is the link again:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/188735-agreement-enforceable.html#post2032385

 

Maisie

Dear all out there. Can anyone give me a hand on my Lloyds CCA because I have my court form ready to claim back charges but want to find out if this is enforceable first. Best regards Maisie

[mickyblueyes]

Hi All

 

This is linking from my main thread about 1st Credit threatening the forced sale of my home.

 

I have now received the CCA (after 2 months) and wondered if one of the CAG experts could take a look at my CCA and let me know if is enforceable.

 

Any advice you give would be gratefully recieved.

 

Mick

cca100409b006.pdf

[Alphageek]

The Pescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

The prescribed terms look to be there to me. Someone else might spot something wrong with it.

[WelshMam2009]

I don't want to give you false hope, but check out APR on this site as I don't think that suffices on it's own for rate of interest.

 

There needs to be a flat rate of interest shown also I believe which I can't see on first glance.

 

EDIT: Also, APR just says 8.8.

8.8 what??

Bananas??

[mickyblueyes]

Welshman I thought the same thing about the APR. It is a bit loose isnt it. I will try searching for some info.

 

Thanks for the help

 

Mick

[the_shadow]

Welshman

 

 

:eek::eek:

 

Dont forget the right to cancel box, do a search in the forums for this too.

 

 

S.

[The GodMother]

it should give you details on rites to cancel on the forms.

[falten]

Hi,

 

I sent a CCA and statement of account request to Skycard. Skycard has sent me the 1 page CCA as well as their current terms and conditions, no statement of account. I noticed on the signed CCA my surname has been typed on with a misspelling, it is missing a letter. Does the misspelling of my surname affect the enforceability of the CCA at all? Does Skycard still have a legal obligation to supply the statement of account as requested?

 

Another question I have with regards CCAs is what parts of the Consumer Credit Act do they by law have to include on the credit agreement? The reason I ask is that somewhere on the CAG website I read that the following has to be included to make the agreement enforceable:

 

"schedule 1 para 3-19 is statutory info, plus there is schedule 2 forms 1-15 depending upon the agreement. If you have a large chunk of this info missing that can mean you have been denied the info the law requires and could prejudice you as a result"

 

I would appreciate advice from any of the lovely members of CAG.

 

Thanks

Falten

[foolishgirl]

Hi falten

 

If you look at the very first post of this thread it tells you what terms have to be included in a credit agreement to make it enforceable.

[falten]

Thanks for the reply. I have read through the first page of this post regarding enforceable CCAs. I am still wanting to know whether a CCA with a misspelt name is still enforceable?

 

Please could someone advise me on this 8)

[foolishgirl]

If the name was just slightly misspelt, not completely different, & everything else was OK, I think it would be almost certainly be declared enforceable by a court - a de minimis error.

[oxymoronish]

Hi Guys

Nice threads, can anyone point me to a thread where people have been successful in making an cca unenforceable?which will proberbly help most of us whom are scratching around in the dark.,thanks in advance

[oxymoronish]

Hi People

There are so many knowledgeable people on here, with all the temp plate letters and helping and giving advice whilst dealing with their own problems a big thanks to them, has anyone set out the procedure from the 1st letter to the last, and in what stages on what to do and look for, and what action to take and when? Could be really helpful , if anyone has the knowledge or the time .

Good Hunting

Hit them scales if you think its a good idea

[Lapchien66]

To cut a long story short - I CCA'd Wescot who were chasing me on behalf of Halifax. Wescot didn't reply to the CCA in time so I defaulted them and placed the account in dispute. Today I received this letter:

 

 

 

Store & Serve - File hosting for the internet made easy using file upload!

 

and this as their CCA:

 

 

Store & Serve - File hosting for the internet made easy using file upload!

 

The letter from Halifax talks about not required to provide a copy of the original signed agreement? Isn't that wrong for a start?

 

Can someone take a look - and I hope I've posted it in the right place...

 

Thanks

 

Lapchien

[phatram]

To cut a long story short - I CCA'd Wescot who were chasing me on behalf of Halifax. Wescot didn't reply to the CCA in time so I defaulted them and placed the account in dispute. Today I received this letter:

 

 

 

Store & Serve - File hosting for the internet made easy using file upload!

 

and this as their CCA:

 

 

Store & Serve - File hosting for the internet made easy using file upload!

 

The letter from Halifax talks about not required to provide a copy of the original signed agreement? Isn't that wrong for a start?

 

Can someone take a look - and I hope I've posted it in the right place...

 

Thanks

 

Lapchien

 

Hi,

can't see anything when on store and serve.

[Lapchien66]

Sorry, it is a bit confusing - if you look over on the right hand side, then down a bit, it says 'download file'

[checkthatcredit]

They have only sent you a copy of terms and conditions and not a copy of the agreement that you requested. Perhaps write to them with a SAR that means they have to do a full disclosue of your file - see elsewhere on the forum about SAR's.

 

Natwest refused to send my agreement on a S.77/8 but when I then sent them a SAR they capitulated and said that they have "misfiled" my agreement and cannot produce it.

 

Go in with big guns blazing and argue like you know what you are talking about!!!

[pt2537]

Firefox 1969 - the answer remains the same - if the agreement is dated after April 2007 then it is deemed compliant no matter what. If it is dated prior to the cut-off then if any of the prescribed terms are missing there is a good chance the agreement is unfair - the outcome depends on the size of stick used to beat the lender!!

Sorry this is incorrect, the date does not affect everything and above all it is misleading to say that any contract ( Credit Agreement ) after the 6th April 2007 is fair and compliant

 

I am fully aware of the repeal of s127(3) CCA 1974 but s127(1)&(2) are still active and also there is the unfair relationship provisions of s140 CCA

 

there are more ways of killing an agreement than just a missing prescribed term, for example if the card has been subject to securitisation then that may throw a few spanners in the works of the lenders

[the_shadow]

Does it matter that the OC has when scanning the form in managed to chop the title of the agreement type off????

 

virgin_cca_edited.pdf

 

S.

[foolishgirl]

Srictly speaking it doesn't have the heading in the prescribed form but as it is obvious that it would have stated ' Credit Card Agreement regulated by the Consumer Credit Act 1974' (ie. it's just a bad copy), it has the other prescribed terms & you have signed it, even if they didn't produce the original in court, IMO I would consider it enforceable.

[the_shadow]

Srictly speaking it doesn't have the heading in the prescribed form but as it is obvious that it would have stated ' Credit Card Agreement regulated by the Consumer Credit Act 1974' (ie. it's just a bad copy), it has the other prescribed terms & you have signed it, even if they didn't produce the original in court, IMO I would consider it enforceable.

 

Thanks FoolishGirl

 

S.

[nickkarkie]

Hi, can anyone tell me if my agreement is enforceable? I scanned it on another thread and somebody said it looks enforceable to them, but today I noticed that at the bottom of the first page of the agreement it says "application form" which has been deliberately covered with a white sticker but you can still see what is underneath when the light shines on it. Surely then it is not an agreement but an application form. You can actually still see it in the scan i have uploaded on the bottom right of the first page. Any advice?

 

 

[nickkarkie]

anyone? I have tried to get advice about this for a week now but nobody seems able to help