Is My Agreement Enforceable - Useful

[diddydicky]

KISS

 

dear sirs

 

thank you for your letter of XXXXXXXXXXXx

 

I am well aware of the fact that the general terms and conditions can be "embodied" within the agreement and that this would include within a separate document

 

i am also well aware that the Prsecribed Terms must be" contained" within the original signature document and the consequences if they are not

 

thank you however for taking the trouble of confirming half of that which was known to me already

 

Y F

 

XXX

[Peterbard]

Whilst in Carey vs HSBC Waksman tries to imvho muddy the waters with regards what constitutes a document (and hence what this DCA is referring to by stating the terms are referneced), I like to read the Mitchell vs BoS which whilst only being in a county court and it being a discontinued case right at the last minute the judge went to the bother of painstakinly pointing out the flaws in the BoS case which included the "terms were referenced in the signature document and were given at time of signing" argument.

 

S.

Hi

Yes indeed

Proff.. Goode. was very specific about the definitions of “contain” and “embodied” in his book, I think the court was unable to shake the differenciation between the two, so went about redefining the word document instead

Peter.

[cab1ne]

"IF APPLICABLE"

 

are cancellation rights within an agreement, classed as prescribed terms.

 

cab

[patrickq1]

if applicable = if appropriate, if relevant

eg if a form says "Subject and grade of degree, if applicable" it means if you have a degree give the details. If you have no degree leave the box empty

[patrickq1]

or if not applicable = means not accesable - meaning that the number or figure that is 'not applicable' is not known and cannot be found

[diddydicky]

no

[The Debt Star]

Is my agreement enforceable? Some Caggers say they haven't seen a vlaid EGG agreement pree-2006 but mine is from 2005 and looks kosha. Any thoughts?

spa9mnyiscn00021.pdf

spa9mnyiscn00010.pdf

[cab1ne]

if applicable = if appropriate, if relevant

eg if a form says "Subject and grade of degree, if applicable" it means if you have a degree give the details. If you have no degree leave the box empty

 

or if not applicable = means not accesable - meaning that the number or figure that is 'not applicable' is not known and cannot be found

 

no

 

so what if an agreement is a cancellable.

the agreement has no cancellation rights on it

or

they where incorrect / mis stated

 

cab

[The Debt Star]

Is my agreement enforceable? Some Caggers say they haven't seen a vlaid EGG agreement pree-2006 but mine is from 2005 and looks kosha. Any thoughts?

 

Anyone?

[latics321]

can anyone tell me how to post a new thread

[latics321]

can anyone give me advice on a credit agreement , which is currently being pursued by lowell , the agreement dates from january 2002 .the problem is we do not remember taking out this loan . but it is our old account number so it must be correct , anyway we have recieved a copy of the agreement which is barely legible ,the total amount payable on the is made up as follows

A =advance £100

B = creditcare gold £2253.95

c nothing is printed under c

D total credit £8353.95

E ttotal charge for credit ££1884.93

F total amount payable £10,236.88

now as i understand it there are a few discrepancies A there is nothing printed under the actual loan amount B ppi should be calculated seperatly in seperate boxes to the loan amount we have not been sent a statement of account nor have we recieved a deed of assignment .can anyone advise please

[middenmess]

can anyone tell me how to post a new thread

 

Hi latics

 

click on

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?167-Debt-Collection-Industry

 

then scroll down past the announcements in blue and 'Post New Thread' is a blue box on the left

[vint1954]

Not a prescribed term, but must be ther if your agreement is cancelable. If you search the forum for these agreements, there is plenty to haelp you.

 

Vint

[cab1ne]

Not a prescribed term, but must be ther if your agreement is cancelable. If you search the forum for these agreements, there is plenty to haelp you.

 

Vint

 

thanx vint.

 

cab

[The Debt Star]

Please tell me this isn't PT's case???

http://www.consumeractiongroup.co.uk/forum/showthread.php?274863-Alexandra-Slater-v-Egg-Banking-Plc(2-Viewing)-nbsp

 

[middenmess]

see post #3 on that thread.

[moonstar1]

I passed my credit card debts to Payplan. They were all accepted apart from MBNA who declined. I then sent them a CCA request. Hillesden replied saying that they were awaiting the paperwork from MBNA. A copy of the agreement eventually arrived as 5 pages of a 6 page document with the card number scribbled on the top, obviously the first page was the one for the signature. On 22nd July I replied pointing out their failure to send a true signed copy. They replied with a letter saying that I failed to respond to their previous letter and to call them in order to discuss my payment options. Is there a template letter to send in reply?

Edited August 27, 2010 by moonstar1
mistake

[middenmess]

I passed my credit card debts to Payplan. They were all accepted apart from MBNA who declined. I then sent them a CCA request. Hillesden replied saying that they were awaiting the paperwork from MBNA. A copy of the agreement eventually arrived as 5 pages of a 6 page document with the card number scribbled on the top, obviously the first page was the one for the signature. On 22nd July I replied pointing out their failure to send a true signed copy. They replied with a letter saying that I failed to respond to their previous letter and to call them in order to discuss my payment options. Is there a template letter to send in reply?

 

Hi moonstar1

 

You'll get more response to your question if you post in the MBNA forum as a new thread.

[zosaphine]

Hello

 

I'm helping out my friends Sister, as English is not her first language, and she is struggling with all of the things the DCA (Hillesden Securities) are saying to her.

 

She received a demand from Hillesden Securities quoting Barclays. I helped her with the CCA letter (using the template from this thread).

 

She received this letter over the weekend:

 

7 September 2010

Dear Miss XXX

 

Thank you for your recent letter regarding the above account. I can confirm and advise the following:

I Acknowledge receipt of your payment of £1 in connection with your data request under the Consumer Credit Act 1974.

• We are still awaiting a copy of your original agreement and statement of account from the original lender Barclays. When these become available, they will be forwarded to you.
  
• If we are unable to forward a copy of the riginal agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974.
  
• We would like to draw your attention to the ruling in the cas eof McGuffick V RBS judgement dated 6 October 2009 in relation to "what is considered enforcement", the judgement stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered enforcement. We will continue to report the account status to the Credit Reference Agencies as this is also not considered enforcement.
  
• Whilst we may not be able to enforce the agreeement until the documentation is provided, the monies remain outstanding and the underlying obligation to repay remain intact. In view of the above judgement the account will remain with our collections department for collections activity to continue.
  

 

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no further developments beforehand.

 

Yours sincerely

 

Squiggle (totally illegible).

 

DATA CONTROLLER

 

(No name given as to who this may be).

 

Advice please?

[middenmess]

Hi zosephine

 

Suggest you either repost your question in the Barclaycard forum where you will receive good advice or click the black triangle at the bottom left of your post and ask the site team to transfer it there for you.

[mackembulldog]

Difficult to keep a standard post on the forum for a bigger view on this subject, so would ask all of you in the know if you would say that my CCA is enforcable?

 

Front

Back

 

Other Sheet 1 of 5 (with different address on it)

 

[LB145]

Anyone know what percentage Egg/Arc accept for F&F?

[The Debt Star]

75%

[middenmess]

Anyone know what percentage Egg/Arc accept for F&F?

 

75%

 

 

or 5%-10% from a DCA

[zosaphine]

Can someone advise what the position is where you have CCA'd a DCA after numerous threatening letters from them & they write back with letter saying they are contacting the lender to obtain this & subsequently write to to you with:

 

"At date of agreement of the account was not regulated by CCA 1974, and therefore no copy is available"

They enclosed lots of statements, and then threatened further recovery action as statements were proof..

 

Advice please what to do next..