Is My Agreement Enforceable - Useful

[nosmoking]

Hi there,

 

Well I've been reading for the last few hours! Very interesting stuff but I see a distinct lack of resolution with most cases! Are they just "hanging around". I thought it better to start my own thread rather than disrupt this one too much so here it is:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/159972-ns-egg.html#post1714560

[Doingmybest]

Hi there, I wonder if somebody could check this for me to see if it is enforceable or not.

http://i371.photobucket.com/albums/oo151/doingmybest/ConsumerCreditAccountAgreement.jpg

I hope I'm not breaking anyu rules by posting here as I do have a thread but am stuck as to how to proceed; http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/157317-final-settlement-cap1.html

 

Getting desperate now about next steps. Any help will be greatfully received.

Edited September 25, 2008 by Doingmybest

[The GodMother]

the link does not work but if it is the same as on your thread i think it is unenforcable.

[Doingmybest]

It is the same that's on my thread, thanks GM I've updated the link. Just looking to see how best to take this forward really to get it all dealt with so I can move on to the next one.

[The GodMother]

send them a bog off ur not being paid letter.

[dogtrainer]

sorry to but in to this thread but I received cca back from Horwich farrley (ex Cap one ) can some have a look at it on my thread to see if it is enforceable .

Horwich farrelly / Robison Way

 

thanks

[Doingmybest]

send them a bog off ur not being paid letter.

 

Can any one direct me to such a letter or advise me what to write in it please?

[The GodMother]

Dear Morons.

Acc number XXXXXXXXXXX

Re My CCA request.

Thank you for your letter dated XXXXXX contents of which have been noted.

I am happy to tell you that you have sent me a unenforcable agreement that looks like you have just put 2 parts together to make it look enforcable. Also the the top piece clearly states application form and has not prescribed terms on it.

As a result i am not going to be paying you anything unless you can provide me with the documentation i have asked for.

Hope this clarifies the matter and if you have any further questions please feel to WRITE to me at the above mentioned address.

Yours.

Here u are a GM special. You have a breif outline here if u want to use it. Maybe adjusting a few words would help.

 

GM

[tiglet]

LOL - succinct, and to the point!

Edited September 27, 2008 by tiglet
couldn't spell for laughing!

[The GodMother]

I try to help.

[alanalana]

Hello all,

 

This may be useful if have to proceed to court and a COPY of the CCA is going to be produced.

 

Results within legislation - Statute Law Database

 

There is also information in Draft Order for Directions

 

Draft order for directions - including directions for disclosure

 

The general gist is as follows para e onwards is the legal requirement:

 

For claims or defences based on agreements regulated by the Consumer Credit Act 1974 if no enforceable copy of the agreement has been sent:

 

a) a copy of the executed agreement regulated by the Consumer Credit Act 1974 for the account

 

For a loan or hire purchase agreement

 

b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,--

(i) the total sum paid under the agreement by the [Claimant] [Defendant] (whichever you are);

(ii) the total sum which has become payable under the agreement by the [Claimant] [Defendant] (whichever you are) but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

(iii) the total sum which is to become payable under the agreement by the [Claimant] [Defendant] (whichever you are), and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

For a credit card

 

b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,--

(i) the state of the account,

(ii) the amount, if any currently payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company), and

(iii) the amounts and due dates of any payments which, if the [Claimant] [Defendant] (whichever you are) does not draw further on the account, will later become payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company).

 

General

 

c) copies of Default Notices (if any) issued pursuant to s87(1) of the Consumer Credit Act 1974 by the [Claimant] [Defendant] (whichever is the loan company) to the [Claimant] [Defendant] (whichever you are)

 

d) a copy of any Notice of Assignment to the [Claimant] [Defendant] (whichever is the loan company) relating to the [Claimant’s] [Defendant’s] (whichever you are) account

 

e) if copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(i) a copy of the procedure(s) used for copying, storing and retrieving documents

(ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

(iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

hope this is of use:)

 

aa

 

Ref post 139 from The GodMother link not working.

 

Civil Evidence Act 1995 (c. 38)

 

Hopefully this should work for you

aa

Edited October 2, 2008 by alanalana
link changed

[NORTHERNGUY]

tried the link and think this is what I am after!

Thanks!

Edited October 2, 2008 by NORTHERNGUY

[A+]

Hi all, i have my own topic over at http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/151433-new-member-looking-advice-8.html which may be of use to some of you who are less far down the road than i may be myself. Also to all you experienced people on here, if you could take a look at my thread i would be really grateful as i have just posted a scan of the letter from Lloyds TSB in response to my CCA request and i myself am also confused as to whether this constitutes a valid proof of debt. Any help gratefully received.

Thanks

[The GodMother]

the first link does not work

[alanalana]

hello GodMother,

 

I have added an additional link in post 136 please post if this works.

 

Thank you

 

aa

[The GodMother]

No when i said it does not work this is what i mean

 

Matching legislation

 

Your Search for: type All Legislation; title civil evidence act ; year 1995;

Your search produced 0 results of which 0 are displayed on this page.

If you do not find the results

[alanalana]

Not sure why the link does not work but can you try this please,

 

Civil Evidence Act 1995 (c. 38)

 

aa

 

[alanalana]

Hello GodMother,,

 

I believe the link has worked but you may have missed the correct link to the Act.

 

Home - Statute Law Database

 

When you open the link you will get the Statute Law Database home page.

 

1. In the title type in the relevant Act ie Civil Evidence Act.

2. In the date the appropriate year ie 1995

3. Click the GO button.

4. On the page there is a grey area Document/Year and Number and Legislation type

Under the Document section you will see two acts

 

Civil Evidence (Family Mediation) (Scotland) Act 1995

Civil Evidence Act 1995

 

click the lower one and you should get the act.

 

aa

[The GodMother]

what i posted up was everything that came up.

 

I already have the Statue law database in my favorites but for some reason when ever i tried ur link it never worked lso the first time i used your link when i first pointed it out the same thing was on th page.

[alanalana]

Sorry cannot understand it then.

 

I will think about it and if I find a solution will post it as it could be important to other posters.

 

aa

[citizenB]

aa and godmother, I am linking ok. However, I have noticed sometimes with other links that they dont always work for me, but they do for other people. GM, did you try copy and pasting into the browser bar ? sometimes that works. If you did... just ignore me:grin:

[alanalana]

Thanks CB at least I know the link works for some:)

 

aa

[gr1ng0]

Hi,

 

Can anyone add to my link......

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/161271-gr1ng0-help-debt-please.html

 

Thanks.

[tinkerbell20]

Regulatory Risk at RBS/NatWest Group are now saying they don't have to provide a copy of the consumer credit agreement under the data protection Act because it doesn't form part of a relevant filing system...............gues s it beats having to either

a) produce an unenforceable one

b) admit they don't have it or

c) admit they destroyed it!

 

Guess now the Government effectively owns them the Information Commissioners Office will roll over too...............

[andrew1]

Regulatory Risk at RBS/NatWest Group are now saying they don't have to provide a copy of the consumer credit agreement under the data protection Act because it doesn't form part of a relevant filing system...............gues s it beats having to either

a) produce an unenforceable one

b) admit they don't have it or

c) admit they destroyed it!

 

Guess now the Government effectively owns them the Information Commissioners Office will roll over too...............

 

 

...and I guess when they get into court to try and enforce one they'll say " well your honour our regulatory risk department says we don't need one so please enforce it -