Is My Agreement Enforceable - Useful

[swlabr]

I sign over my typed name to help defeat attempts to cut and paste or otherwise lift my signature.

 

Is this as effective as the 'signguard' advertised on CAG? I wanted to buy one but don't have a card to pay Paypal with

[swlabr]

Just read this thread which offers an easy alternative so guess the above isn't neccessary.

[keith4444]

Hi can someone please advise on my Cap 1 document I have received here:

http://www.consumeractiongroup.co.uk/forum/capital-one/218685-cap-1-agreement-enforceable.html

Or point me to a thread where this type of agreement has been discussed before??

Thanks in advance

 

Keith

[smogzy]

Can someone please check over my agreement or point me in direction of a relevent post.

 

To me it looks okay, but I'd appreciate other peoples opinions.

 

 

 

They also included a copy of a car loan credit aggrement belonging to someone else. Am I right in thinking thats a serious breach of the DP act?

Edited September 9, 2009 by smogzy
added additional info

[N.P]

Are you being hassled for this Loan in any way? Or wanting to claim something back?

 

Looks to me like they have aded interest onto the acceptance fee, which is a total NO NO!

 

Also, yes the other agreement is a serious breach of the DPA. Report them to the ICO immediately, and inform them about these clowns. I wouldn`t bother letting the Loan Compant know, let the ICO inform them

 

 

 

N.P

[smogzy]

Are you being hassled for this Loan in any way? Or wanting to claim something back?

 

Looks to me like they have aded interest onto the acceptance fee, which is a total NO NO!

 

Also, yes the other agreement is a serious breach of the DPA. Report them to the ICO immediately, and inform them about these clowns. I wouldn`t bother letting the Loan Compant know, let the ICO inform them

 

 

 

N.P

 

Thanks for taking the time to read and reply.

Yes this is a DCA chasing me for a debt which is very close to being statute barred, I CCA requested them and got this back within the 12+2 days.

I wasn’t aware that charging interest on an Acceptance Fee was a no no. Can you elaborate on this? What specific law does this contravene? It would be useful to know this when I write back to them.

I was more under the impression that as the box that states “Amount of Credit” is left blank then that would mean that the agreement was unenforceable because this is required prescribed term as per the CCA. However I’m not sure that whether the other figures quoted on the agreement would cover this?

Edit: Just checked the figures and it does the interest is not charged on the acceptance fee, would still like to know about the Amount of Credit left blank.

Edited September 9, 2009 by smogzy

[r&b]

ho smogzy,

my belief is that if u havent made any payments or communicated your acceptance of the debt in any way then wait for it to be statute barred. id be careful with the wording of any letters up to then, there is this from the template library which could be adapted if necessary: http://www.consumerforums.com/resources/templates-library/86-debt-collectors/578-letter-to-dca-persistant-after-statute-barred

 

im sure u are aware but here are a couple of links for more info:

1. Law relating to debts: statute-barred debts

2. Debt Factsheets - Liability for Debts and the Limitation Act

[smogzy]

ho smogzy,

my belief is that if u havent made any payments or communicated your acceptance of the debt in any way then wait for it to be statute barred. id be careful with the wording of any letters up to then, there is this from the template library which could be adapted if necessary: http://www.consumerforums.com/resources/templates-library/86-debt-collectors/578-letter-to-dca-persistant-after-statute-barred

 

im sure u are aware but here are a couple of links for more info:

1. Law relating to debts: statute-barred debts

2. Debt Factsheets - Liability for Debts and the Limitation Act

 

Thanks for the info. Yes I have been very careful as to not acknowledge the debt in the letters I have written to the DCA. I also refused to contact them by telephone which they have repeatedly asked. All letters include "I do not acknowledge this or any other debt" in bold writing, and the wording I have checked.

 

The debt goes statute barred from around December / January (six years after payment last was made), I do need to confirm this by issueing a SAR to the original creditor.

 

I'm still looking for confirmation that the "Amount of Credit" box being blank would make it unenforceable as this is a required prescribed term. The "Total Amount of Loan" is not the amount of credit as it includes a £75 acceptence fee, of which interest cannot be charged apon. This is further back up by doing a APR calculation on this amount and it being wrong.

 

I'm going to start a new thread on this, but still feel free to reply if you have any comments, suggestions.

 

Many thanks

[N.P]

Smogzy, are you saying Interest WAS added to the Acceptence Fee or WASN`T added?

 

If it was, then that could blow this agreement away for you.

 

I like how they call these little profit making rip-off charges `Acceptence Fee`s`. The fact they add interest in the first place simply isn`t enough for these parassites.

[smogzy]

The acceptance fee is not added to the total amount of credit on whcih the apr and payment amounts where calculated, so they have not charged interest for the fee.

 

The only amount quoted on the agreement is the total loan amount which is not the amount of credit but the sum of credit plus the fee.

 

I'm therefore concluding that the amount of credit being a required perscribed term under the cca1974 and not present on the agreement then it's rendered unenforceable. Am I correct in thinking this?

[N.P]

I would argue that point, they also don`t have a total payback sum.

 

How would you know how much you have actually borrowed and how much you actually pay back without working it out yourself?

 

These agreements are supposed to be imbecile proof and are supposed to contain all the information required. They are supposed to be for the layman who doesn`t have a clue about the rules and regs etc.

[WelshMam2009]

You should be looking at the Consumer Credit (Agreements) Regulations 1983.

 

One of the prescribed terms in Schedule 6 is:

 

Amount of credit

A term stating the amount of the credit, which may be expressed as the total cash price of the goods, services, land or other things, the acquisition of which is to be financed by credit under the agreement.

 

This is clearly missing from your agreement.

 

Also, I'm not even sure that the heading is right. Yours says "Personal Loan Agreement Regulated By The Consumer Credit Act" but that does not appear in Schedule 1.

 

It should read: Fixed Sum Loan Agreement regulated by...

[WelshMam2009]

Have inserted regs below. These were amended by the 2004 regs but as your agreement was signed in 2003 the earlier regs would have applied at the time of signing. Best of luck!

 

Consumer Credit (Agreements) Regulations 1983.pdf

[diddydicky]

I havent had time to read the whole thread (sorry) but if you are so close (3-4 months ) from the SB deadline i would just keep quiet and not have any contact at all- after January it doesn't matter if the agreement was or was not valid- a lot less hassle

[WelshMam2009]

I havent had time to read the whole thread (sorry) but if you are so close (3-4 months ) from the SB deadline i would just keep quiet and not have any contact at all- after January it doesn't matter if the agreement was or was not valid- a lot less hassle

 

Don't disagree Diddy!!

 

What I'm not sure of is if they start proceedings prior to the end of the SB period. Highly unlikely that the case will be heard that quickly so would be after the 6 year period had lapsed. Does the debt automatically become statute barred still??

[diddydicky]

well thats a tricky one- to which i dont know the answer- but i would have a pretty strong guess that if someone were to commence proceedings prior to the deadline and claim that the debt was owed that the clock would effectively be stopped

[count orlok]

Could someone look at the agreement i have linked to in this post http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195673-egg-asking-proof-id-2.html#post2426354 and comment upon their enforceability? I am writing to eggs agents asking if they could send me clearer copies, but in the meantime I'll have to make do with what I have

 

Cheers

[bozalt]

Hi

 

Can anyone spot any problems with the contract on my thread, Andyorch is helping with my legal defence but if anybody could spot a fault in the CCA that would be great.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/204167-alliance-leicester-unsecured-loan.html

 

Cheers

 

B

[Notty]

Hi

 

My son had his MBNA card passed to link but I think they are collecting for two cards. He had an original card and then it was reissued as the old one was destroyed (wasnt going to use again). So I think there are two account numbers. I have sent a cca request but nothing so far. Also although Link sent a letter saying they now owned the debt there was never a letter confirming this from MBNA, not sure if they have to send NOA or Link can do it. I have also sent SAR and that hasnt turned anything up. No DN no TN. Just list of transactions and calls made by them. Not sure what else to do now. Any help would be much appreciated. Also when sent for SAR to link they cashed the PO but then added £5 for administration to the account!

[angry cat]

You need to make a full SAR to MBNA quoting both account numbers.

 

Link Financial have no right to charge you extra for your SAR, the statutory fee is ten pounds only.

[PGH7447]

and report them to the OFT for adding an admin charge for the SAR

[angry cat]

Also report them to Consumer Direct (the consumer arm of the OFT)

Tel: 0845 04 05 06

 

AC

[Notty]

Will do that. Even for the card number we sent should there have been more information ie NOA, default notice, and if there isnt what can you do? Thanks again.

[angry cat]

Link Financial hold no information about the account(s) prior, to their involvement.

 

All that they are interested in is money!

 

MBNA, the alleged assignor should have sent you the Notice of Assignment (whatever, that purported assignment may be?).

 

As stated prior, you must make a full SAR to MBNA, in order that you are supplied with any and all historical data that relates to the account(s);

Default and or, Termination Letter included.

 

In the meantime, any letter sent to Link, must be headed up:

ACCOUNT IN DISPUTE.

 

AC

Edited September 16, 2009 by angry cat
spelling

[sunilrai]

HI

 

Can anyone point me in the direction where I can follow a procedure for seeing if my CCA are enforcable? Sorry so many threads and Im confused on which letter to send and then the steps after.

 

Your help is much appreciated?

 

Sunil