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Is My Agreement Enforceable - Useful


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Thankyou cerberusalert,

I will send the letter and see what they have to say :)

We are chasing the life insurance that was taken out on this with Hamilton Insurance. Had several conversations with Hamilton and today they have told us that the proposal was never forwarded to them and they have no idea which Agreement it corresponds to:confused: However they did confirm that it was started in 1998 (when this agreement was started) and we had been paying since then:eek:. They advised us to write (not call) HFC and ask for the policy document.They couldnt even tell us what the benefits were on it???

 

Shirei

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Hi cerberusalert

 

I have a true copy of the agreement, (I have seen the original). It's good.

 

The letter you refer to is to get a true copy of the agreement?

 

I do not have a copy of the PPI policy, which is part of the agreement.

 

I am not averse to returning to court to enforce this issue, but unless

the agreement is unenforceable, (without the policy), is their any point?

 

I guess without the policy the case of mis-selling the PPI becomes much easier.

 

Many Thanks

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Hi cerberusalert

 

I have a true copy of the agreement, (I have seen the original). It's good.

 

The letter you refer to is to get a true copy of the agreement?

 

I do not have a copy of the PPI policy, which is part of the agreement.

 

I am not averse to returning to court to enforce this issue, but unless

the agreement is unenforceable, (without the policy), is their any point?

 

I guess without the policy the case of mis-selling the PPI becomes much easier.

 

Many Thanks

Have a look here, unless you already have done so.

 

Vint

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

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  • 2 weeks later...

Hi tartanblood - welcome to CAG.

 

This link may help you find your way around the forum. Just remember to start your thread in the most appropriate forum for your query.

How Do I....? A Dummies Guide to the Forum - Consumer Wiki

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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Ahem! I woz rudely interupted whilst I woz asking about what to do post 40 days with no reply and post reply with application form? Nicely!

Put simply.....I have one case that has not bothered to do anything but harass me with phone calls but no credit aggreement and another that sent me a copy of an application form to which my reposte was as advised by CAG but to no avail. I'm not too concerned about the second but I need some advice about the first. Which agency do I complain to? Ta!

Edited by whobenjab
complaint about my English
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  • 2 weeks later...

hi just received this from capquest RE: a halifax credit card

 

img022-1.jpg

 

now it says it's an application at the top of the page and if it is an agreement should it have the credit limit and apr etc on it.

 

any help , muchly appreciated as ever

 

***EDIT***

 

just found this as well amongst the statements

 

 

 

it says it's a CCA, or it's my copy of an agreement it is 6 pages long with basic info about the card, cash withdrawals,penalties no specific limit or apr

img023.jpg

 

there are no signatures on here or anywhere to put one in fact, apart from the cancellation part

Edited by Gaznkaz08
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IMO what you have here is a copy of the "cancellation notice" which is referred to in the box next to your signature in the original agreementand which is normally sent to the customer within 7 days explaining how they may cancel

 

write and thank them for it, pointing out that you had never received this document before but you believe it to be the details to a customer as to how to cancel- and ask them if they could now respond to your s78 request and send you a true copy of the executed agreement

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  • 1 month later...
just received this from link re an abbey loan

 

i'm pretty sure it's SB'd but it would be nice to have something else as back up

 

Can't make it out - was it signed in 2001 or 2007 gaznkaz? Also when did you last make a payment or otherwise acknowledge the debt?

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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Can't make it out - was it signed in 2001 or 2007 gaznkaz? Also when did you last make a payment or otherwise acknowledge the debt?

 

 

signed 2001, i'm not worried about the SB time frame cause i think thats pretty well covered, but it would be nice if i could shoot some holes in this as well just to be on the safe side

 

strange thing is though they've sent this as a reply to a cca request.............. i haven't made one yet??????

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Just thought i'd cut and paste this from Peterbard....it would seem to be very useful, and I hadn't seen it in the DCA section...

 

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

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.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

 

 

For a Restricted Use Debtor Creditor Supplier

  • Where the dealer is the supplier and the creditor is the one providing the finance.
  • The money can only be used for the purpose it is given.
  • There is no interest on the purchase (the cash price is the same as the total price)
  • And there is no advance payment

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.

 

 

HI

I wonder if it would be a good idea to ammend this in view of the Mc Gufic and Clarey judgements.

If these judgements are to stannd the the definitions at the begining are incorrect . I am currently unable to do the honours so could a mod do it for me .hate to be responsible for giving incorrect information,when it can be avoidedicon7.gif

 

Best

regars

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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  • 2 weeks later...

Hello Everybody,

 

I'm a bit confused after the Manchester ruling on what is now enforcable and what is not. I was sent an agreement I was sure was unenforcable some time ago and now they have sent me the same agreement with a load of paper with terms and conditions on seperately. I've uploaded the files here, does anyone know if this lot is enforcable or not. I would appreciate any help or advice on the documents.

 

Thank you.

 

"Have removed the links as I'm now confident they are unenforceable"

Edited by Leightonx1
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Referring to the Manchester case, it probably fulfills their obligtion under s 78.

 

The Manchester case revolved around s78 requests.

 

If they want to take you to court, they should supply a copy of the original agreement, showing the prescribed terms in the signature document.

 

The Manchester case did not change the points regarding enforcability, aththough the Judge did refer to a document being able to be more than one page. If it were, it would need to be bound together ( Page 1 of 4 etc ) with you signing at the end. What you have been supplied should not be sufficient for enforcement in court. However................

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Referring to the Manchester case, it probably fulfills their obligtion under s 78.

 

The Manchester case revolved around s78 requests.

 

If they want to take you to court, they should supply a copy of the original agreement, showing the prescribed terms in the signature document.

 

The Manchester case did not change the points regarding enforcability, aththough the Judge did refer to a document being able to be more than one page. If it were, it would need to be bound together ( Page 1 of 4 etc ) with you signing at the end. What you have been supplied should not be sufficient for enforcement in court. However................

 

 

however what

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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