Is My Agreement Enforceable - Useful

[diddydicky]

IMO should have cancellation rights in or next to the signature box- i would say this alone makes it unenforceable

[diddydicky]

alphageek

 

you might like to repost the form showing the signature dates and also showing all the figures

 

some of the buffs on here could tell you if the calculations on the finance side stack up- if not - bingo

[diddydicky]

also states that the agereement is not binding until they have completed their checks etc and yet THEY signed the agreement on the date that they sent it to you for siaure!gnat

[diddydicky]

that last word should be signature (doh)

[diddydicky]

if from all the other information - such as your address dob etc being correct a spelling mistake in your name is irrelevant the fact that a single spelling mistake creates a different word is neither here nor there

[diddydicky]

that's a new one on me katie3105 id be very surprised if that were legit

i suggest you pm one of the more knowledgable mods or start a new thread

[diddydicky]

thanks steve something new learned today

[diddydicky]

para 1a states your limit HOWEVER if you cant read the document that they have sent you because it is not legible (except under a very good magnifying glass) it then does not fulfil their obligation to supply you with a copy of your original agreement

 

they are therefore in default

 

i would write and tell them they have failed to comply with your request and that the account is in default.

 

it is for them to try and find a legible copy or remain in default

[diddydicky]

thanks steven, can never remember the bloody reg section numbers

[diddydicky]

scan them ( or get a photobucket account and transfer them onto this site and let us all see them!!

 

remove your personal details from them

 

one step at a time lets check them out first and then you can be advised on the next step

 

do you have the four agreements?

[diddydicky]

No, I dont have the original agreements, I suppose I can request copies.

 

you need to do a s ection 78 request and send a one pound postal order with it- if you do a search on here for template letters you will find the appropriate letter'

 

do not sign the requests

 

when you receive them post them up on a new thread

[diddydicky]

I have several accounts in dispute. I got a letter today from my OC which waffles on about the copies they've send in the past. Curiously, they also state that they have sent a copy of the terms ' both current and historic'. Are they implying that current PTs can be applied retroactively? Thing agreement is pre 2004 and a dud, anyway, but are they chancing their arm by saying this?

 

what they are saying is that there is a clause in the original T & C's which allows them to change the T & C's anytime they like

 

i have always thought this to be a grossly unfair contractual term and even more so now that the EU have brought out a new dictat on unfair terms and i hope soon that someone will test it out

 

as things stand now the creditor could give you 30 days notice that the minimum payment is 25% of the balance

 

change a term so that you have to pay in person at a branch standing on one leg whistling god save the queen

[diddydicky]

Try humming....

 

thats ok she is a "bird"

[diddydicky]

 

 

Glad you noticed

 

 

 

 

 

of course i did0- also noticed she is in Norfolk so she must be a bootiful Bird!

[diddydicky]

I applied for a bernard matthews Job was over qualified.

 

Oh says yes i am a bootiful bird.

 

ahhhhhh but that bernard mathews bloke is Norfolking Good!

[diddydicky]

I know i am from norfolk born and breed as they say.

 

born in notts dragged up in yorks and live in kent

 

a right mongrel!

[diddydicky]

Hi Caggers

 

Could you please give your opinions in regards to the agreement below. The prescribed terms are incorrect in that the payment schedule does not agree with the stated APR. It took me a mammoth amount of time to actually work out the figures but I need make sure what I am saying is correct.

 

Here's an extract from my skeleton argument in regards to this;

 

 

 

Here is the said agreement;

 

http://img19.imageshack.us/img19/7063/xagreementpg1.jpg

 

Here is a link to my thread incase your interested in the full story

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/189249-notice-return-goods-court.html

 

 

Thanks in advance

 

i'm no expert BUt i think you should also feature on the "documention

 

i think you will find that the courts would say that the inclusion of this for interest charges would make the documentation fee exhorbitantly expensive and as a one off fee should not have been subject to you paying interest on it over 47 months at 32%

 

if this is the case then it makes the whole agreement unenforceable

 

i would suggst and accountant would be a good place to obtain an independent confirmation of your figures and exactly what this documentation fee actually cost you over 47 months

[diddydicky]

Thanks

 

This is a good point. The thing is the documentation fee should never have been treated as part of loan. Do you know if this would could be related to some sort of "unfair terms" law/act?

 

you need to look in the legal section or ask one of the mods as i KNOW i read a case somewhere where the judge ruled that the charging of interest on the documentation fee blew the case apart

 

trouble is- ive read so much i cant remember where it was

[diddydicky]

if at first you don't succeed..................

 

 

pack it in as a bad job and P**s off down the pub!

[diddydicky]

Ah - hold on - What about if the interest rates are part of T&Cs and these are on the REVERSE of the application form. Does that mean they are 'within the main body' of the agreement?

 

minx

 

it is my understanding that the prescribed terms cannot be "scattered" around within the general t & C's

[diddydicky]

I am a bit dismayed that the site team allow you to keep taunting posters about their background

 

as i understand some very useful posters have been driven from this site in the past by people questioning their background

 

This is a site for people to remain anonymous if they wish

 

if you believe someone is a troll (as you put it) then accept them as such and guard your posts accordingly but do not start an online "lynch mob"

 

there's an old saying:-

 

keep your friends close and your enemies closer.

[diddydicky]

No offence was meant at all dicky, just joking

 

I don`t beleive there`s a lynch mob of any sort.

 

fair do's

 

i just think that all opinons even if from the "other side" can be useful

[diddydicky]

With respect to yourself, Diddy, was that meant for me? If so, can I state that I don't 'keep taunting posters about their background'. Internet sniping is appalling behaviour but in light of the vindictivness demonstrated on the CH4 comments page on Tuesday after the airing of the Dispatches programme and the amount of unprecdented 'guests' on the related CAG thread, it was a cinch we were going to get some snoopers and subversives on the site and I smelled a rat and a called it out; it didn't call back and I make no apologies for sniffing that one out.

 

A 'troll', if you are unaware, is not defamatory and is, in web-speak, a lurker or a flamer. I'll let Wiki explain it better:-

 

http://en.wikipedia.org/wiki/Troll_(Internet)

 

In retrospect, I have maybe commented on another 'troll' on another thread. Again, I make no apology as I have said nothing insulting to anyone. I can't believe I'm having to defend myself on an issue such as this.

 

Agreed on you final point.

 

wasn't aimed at anyone in particular - i just think that if people from dca's OC's etc want to come on here and enllighten us and give us some inside knowledge as to what goes on and the attitude/reasoning in their offices or their past employment then they should not be singled out for abuse

[diddydicky]

i may be wrong but i think it is site policy that you do not ask people to qualify their background and it is private unless they wish to reveal it

[diddydicky]

You've obviously spotted several posts that could be construed as abusive; can you please provide links to them?

 

dont want to get into a ward of words thanks

 

if the cap doesn't fit then don't wear it

 

thanks