Is My Agreement Enforceable - Useful

[Peterbard]

Firstly there would most likely be a statement on the document that states if the detail are incorrect please amend

 

it is your obligation to ensure that the document which you sign is accurate, you can be held accountable for basic errors if you fail to notify the company of the error, this would be the case as well if you entered the wrong info on your application form and then allowed the error to continue on the actual agreement

 

As it goes, if the name is not your name and your signature does not appear on the agreement then you may have an argument.

 

however if it is as WelshMam2009 suggests then its likely to be classified as de minimis non curat lex and therefore as the latin states the law does not concern itself with triffles

 

 

Hi

 

Curtosy of Francis Bennion

 

There was a young fellow named Rex

who showed little sign of his sex.

When charged with exposure

he replied with composure

de minimis non curat lex

 

Peter

[steven4064]

AMEX pictures by est1234_2009 - Photobucket this is the AMEX letters

To be enforceable it must have your signature and the prescribed terms (credit limit, interest rate and repayment terms) on one piece of paper. Your agreement is enforceable if and only if the first lot of T&Cs is on the back of the application form.

[cds]

So even if the agreement is in a totally different name it doesn't matter? Strange.

 

I haven't signed anything. It was with Virgin Media and I have been told there is no paperwork etc (I sent a request for info thingy wotsit)

 

didn't know virgin media did credit cards

 

cds

[junebug]

didn't know virgin media did credit cards

 

cds

 

Virgin do credit cards but this isn't for a credit card.

[MarkieMark]

Some of the potential Breaches In Regulated Credit Agreements:-

 

Select the one that applies to your agreement:-

 

The Regulated Credit Agreement was not properly executed under section 61(1) of the Consumer Credit Act 1974 (‘the Act) in that:-

a) Contrary to section 60(1)(b) the document did not embody all the terms of the agreement other then implied terms in that it excluded a term orally agreed between the parties whereby the creditor would effect insurance of the goods.

b) Contrary to section 61(1) © when the document was presented to the debtor for signature it was not in such state that all of its terms were legible.

c) Contrary to the Consumer (Credit Agreements) regulation 1983 (‘the Regulations) regulation 2 and schedule 1, Paragraph 1, the document did not contain any heading.

d) Contrary to regulation 2 and schedule 1, paragraph 2 of the regulations, the document did not state the name or any address of the creditor or the name and address of the debtor.

e) Contrary to regulation 2 and schedule 1paragraph 3 of the regulations, the document did not contain any alternatives an adequate description of the goods.

f) Contrary to regulation 2 and schedule 1 paragraph 4 of the regulations, the document did not state the cash price in respect of the goods.

g) Contrary to regulation 2 and schedule 1 paragraph 5 of the regulations, the document did not state the amount of the advance payment to be made by the debtor.

h) Contrary to regulation 2 and schedule 1 paragraph 9 of the regulations, the document did not state the total charge for credit.

i) Contrary to regulation 2 and schedule 1 paragraph 11, of the regulations, the document did not show the total amount payable.

j) Contrary to regulation 2 and schedule 1 paragraph 15, of the regulations, the document failed to state the APR.

k) Contrary to regulation 2 and schedule 1 paragraph 18, of the regulations, the document did not contain a statement indicating that in which might occur under the agreement of the rate or amount of any item entering into that calculation.

l) Contrary to regulation 2 and schedule 1 paragraph 21, of the regulations, the document contained no description of the security provided by the debtor.

m) Contrary to regulation 2 and schedule 1 paragraph 22, of the regulations, the document contained no indication of any charges payable on default.

n) Contrary to regulation 2 and schedule 2, paragraph 3, of the regulations, the document did not contain a statement in the prescribed form setting out the debtors’ right to cancel the agreement.

o) Contrary to regulation 2 and schedule 2, paragraph 5, of the regulations, the document did not contain a paragraph in the prescribed form setting out the debtors rights of termination alternatively contained in the paragraph purporting to set out such rights which was not form the form prescribed by the regulations.

p) Contrary to regulation 2 and schedule 2, paragraph 9 of the regulations, the document did not contain a statement in the prescribed for setting out the debtor’s rights in relation to repossession alternatively contained a statement concerning those rights which did not conform to the said paragraph.

q) Contrary to regulation 2 and schedule 5, paragraph 1, of the regulations, the document did not contain any form of signature box which did not confirm to the requirements of that paragraph.

r) Contrary to regulation 2 and schedule 5, paragraph 1, of the regulations, the creditor’s signature did not appear in the form of a signature box prescribed by that paragraph.

s) Contrary to sections (58(1) and 61(2), the creditor failed to give the debtor a copy of the unexecuted agreement containing the prescribed notice and failed to give the debtor a copy of the document referred to in the unexecuted agreement, namely a blank bankers order.

t) Contrary to section 61(2), the creditor sent the unexecuted agreement to the debtor less then seven days after sending the copy thereof under section 58(1).

u) Contrary to section 61.(2), the agreement being one to which section 58(1) applied, during the consideration period, the creditor without receiving any request from the debtor, frequently communicated with the debtor both by telephoning him and by visiting his home.

4. By reason of sections 61 and 65 of the Act, therefore, the said purported agreement is not enforceable by the creditor against the debtor.

[cleo4patra]

To be enforceable it must have your signature and the prescribed terms (credit limit, interest rate and repayment terms) on one piece of paper. Your agreement is enforceable if and only if the first lot of T&Cs is on the back of the application form.

Sorry to jump in - cleo here - in a letter to us from Bank of Scotland after they sent only application form and current t & C's they said " historical terms and conditions are unavailable" - I assuem they would have been on the reverse? -they only admitted this very recently after long rounds of ceoorespondece?????? Does this mean unenforceable-thanks

[katie3105]

Could someone please help me with a question I have about Barclaycard. I asked for a copy of my agreement which was taken out in about 1980 ish. I received a copy with no signature on which by my understanding hteu are allowed to do. I was about to ask them for the signed copy with a cpr letter but when I read their response they quoted 'reg 9 of the 1983 regs states for acoounts opened before 19th june 1985 such as yours, we can send a copy of your current executed credit agreement.'

I would like to know if this means they do not have to produce the original and if it were to go to court they would not have to rpoduce the original.

thanks

[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

[SteveH2508]

Could someone please help me with a question I have about Barclaycard. I asked for a copy of my agreement which was taken out in about 1980 ish. I received a copy with no signature on which by my understanding hteu are allowed to do. I was about to ask them for the signed copy with a cpr letter but when I read their response they quoted 'reg 9 of the 1983 regs states for acoounts opened before 19th june 1985 such as yours, we can send a copy of your current executed credit agreement.'

I would like to know if this means they do not have to produce the original and if it were to go to court they would not have to rpoduce the original.

thanks

 

I am afraid that that is correct - a pre-1985 agreement would not be covered by the Agreement Regs 1983 and all the prescribed terms stuff anyway.

[diddydicky]

thanks steve something new learned today

[heather79]

page 1 picture by heather1979_photo - Photobucket

 

 

[/url]

http://i284.photobucket.com/albums/l...o/scan5163.jpg

http://i284.photobucket.com/albums/l...o/scan6164.jpg

http://i284.photobucket.com/albums/l...o/scan7165.jpg

http://i284.photobucket.com/albums/l...o/scan8166.jpg

 

can someone check this out for me so i know how to go forward thanks

Edited April 30, 2009 by heather79

[the_shadow]

page 1 picture by heather1979_photo - Photobucket

http://i284.photobucket.com/albums/ll22/heather1979

http://i284.photobucket.com/albums/l...hoto/scan3.jpg

http://i284.photobucket.com/albums/l...hoto/scan4.jpg

http://i284.photobucket.com/albums/l...o/scan5163.jpg

http://i284.photobucket.com/albums/l...o/scan6164.jpg

http://i284.photobucket.com/albums/l...o/scan7165.jpg

http://i284.photobucket.com/albums/l...o/scan8166.jpg

 

can someone check this out for me so i know how to go forward thanks

 

Please delete the Direct Debit form it has your name on it.

 

S.

[heather79]

all done i never get it right when i do this lol

[the_shadow]

all done i never get it right when i do this lol

 

Well done, you've deleted one but the Scan3.jpg page is the same page duplicated! Please delete or edit that one also!!!!!!

 

To me it looks like the prescribed terms are there.. but I cant see anything with your or there signature on it, one of the images has been deleted.. .is that it?

 

S.

[heather79]

this is the 2 pages deleted and i changed it to cover my name etc

 

http://i284.photobucket.com/albums/ll22/heather1979_photo/scan3-1.jpg

http://i284.photobucket.com/albums/ll22/heather1979_photo/scan2-1.jpg

 

i have just noticed that that the credit agreement that robinson have sent me doesnt have the 2nd page ive just added (i got that page from the one lloyds sent me)

[heather79]

ive just had a look at the agreement again and it disnt look as if there is no right to cancel, can someone please help with this asap thanks

[the_shadow]

ive just had a look at the agreement again and it disnt look as if there is no right to cancel, can someone please help with this asap thanks

 

I think it depends on where the contract was signed as to whether the right to cancel has to be included, if its on the companies premises it doesnt have to have it... if its via distance selling.. i.e. over the phone or at your home then it does..

 

It would be good to get clarification of this as this is just my humble opinion at present.

 

S.

 

Edit: Oh and its not a prescribed term but you could argue you were prejudiced if it wasnt on the agreement when you signed IF it should have been.

[foolishgirl]

I think it depends on where the contract was signed as to whether the right to cancel has to be included, if its on the companies premises it doesnt have to have it... if its via distance selling.. i.e. over the phone or at your home then it does..

 

It would be good to get clarification of this as this is just my humble opinion at present.

 

 

Correct - if it's signed on the finance supplier's premises (or anywhere that is deemed to be such) no cancellation box is required.

[the_shadow]

Correct - if it's signed on the finance supplier's premises (or anywhere that is deemed to be such) no cancellation box is required.

 

Thanks Foolishgirl, I like to pick up all these bits of info along the way:D

[heather79]

mmm it was a consolodation loan which i done over the phone to lloyds and they sent the forms out to me and i sent them back (its great when you are in trouble how they add on extra interest and over hundreds of years)

[heather79]

hi can someone advise thanks

[N.P]

all done i never get it right when i do this lol

 

 

From your Photobucket Album Folder, choose which Image / Scan you`d like to use, then you only need to Copy and Paste the IMG Code Link.

 

That way, your Image should appear directly on your CAG post, without the need of Link clicking.

 

Hope this helps you.

 

 

 

N.P

[N.P]

Heather,

 

When you say it was a Consolidation Loan, could you be more specific?

 

IE, what was it to consolidate? Did you receive any extra monies?

 

If so, did you receive the FULL amount of the Loan, or just the extra monies?

 

 

 

N.P

[heather79]

Heather,

 

When you say it was a Consolidation Loan, could you be more specific?

 

IE, what was it to consolidate? Did you receive any extra monies?

 

If so, did you receive the FULL amount of the Loan, or just the extra monies?

 

 

 

N.P

 

 

i had 2 loans, which they put together, and i got £300 extra on top of it (the clutch had went on my car), and made the payment over 12 years

[San Martino]

Hello

 

I have just stumbled across your post, I had a similar query about a loan and asked Trading Standards to clarify my position.

 

I had a loan agreement with all the prescribed terms but no specific cancellation clause/cooling off period.

 

Have a look, hope it helps.

 

http://i600.photobucket.com/albums/tt82/San_Martino/Alliance%20and%20Leicester/Alliance1.jpg

 

http://i600.photobucket.com/albums/tt82/San_Martino/Alliance%20and%20Leicester/Alliance2.jpg

 

http://i600.photobucket.com/albums/tt82/San_Martino/Alliance%20and%20Leicester/ALTStandards.jpg