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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Egg PAPLOC Now Claimform Loan - DLC final straits / SETTLED


e_inspired
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Hi All,

 

It’s a long story but I will summarise, I need help to write something to court to get Egg - DLC request for an extension denied:

1. Egg started court proceedings against me for a loan

2. Egg POC stated an agreement that does not exist, never has (dodo's)

 3. CCA/SAR Egg – did not get agreement stated in POC as expected

 4. Looked a default notice I had received for loan mentioned in (2) even that was faulty and most important of all should never have been reported to CRA's

 5. Court granted stay for us to work things out – wrote to the egg letting them know about my discovery and I even stupidly outlined my whole defence...:shock: I didn’t get a reply.

6. Applied for summary judgement – attended court with the egg solicitor ( 1st time in court was scared but loved it in a strange sort of way :cool: )

7. Judge gave order that they amend claim and POC to reflect correct agreement and gave them up till yesterday 12/09/2007 to file and serve new claim

8. Got letter today from DLC dated 12/09/2007:

“We have just been passed a copy of the Order dated 29th August 2007 made in xxxx.

Due to the deadline to serve an amended claim we will obviously have to instruct or solicitors to apply for an extension of time to comply with the order.

In the meantime we would suggest that both parties try to reach a settlement to avoid the need for further protracted Court action. As you are aware the Courts do encourage parties to converse with each other and we will notify them if we are able to reach an amicable arrangement.

Should you wish to speak to us (although we note you would prefer written contact) my direct line is xxxx.

in their rush to ruin me they messed up BIG TIME.

As I said above I need help writing a letter to the court so they are NOT given an extension they have had loads of time to correct the claim for any debt that may have existed, they are playing silly buggers. Any advice as to my next steps would be appreciated also any details on how I can claim costs etc if they abandon the case etc.

Thanks in advance.

 

 

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PM TomTerm, Laiste or Rory - one of them should get back to you

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

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  • 2 months later...

Ok,

the good news is that I managed to crack the egg..

now I want to smash the egg,

the kind judge decided to strike out the eggs case :p

after 2 application notices by me to get it struck out.

the muppets couldn't comply with a simple and I mean simple order like file the claim with the right agreement number (duh) maybe they couldn't do that because they were already in breach of contract with any other agreement I may have had with them.

Even though it never really went to trial, I would like to say that I think the DEFAULT NOTICE is very very important and if its issued wrongly as in my case they got the agreement no. wrong and the muppets start legal action based on this, then they are in repudiatory breach of contract.

I recommend that people read up on default notices and also repudiatory breach in contract law.

I would like to thank pt2537 for all the regs etc.

Now I need to get them to remove the defaults, get the PPI back for the egg card and loan... another battle I guess ;) .

- B e_inspired.

 

AS ALWAYS ALL THE ABOVE IS IMHO.

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Hi e_inspired

 

 

Firstly, youre very welcome, im glad they helped

 

when you applied for their case to be struck out did you ask for costs? due to the claimants unreasonable behaviour?

 

 

the default should be fairly straight forward in these circumstances, if you need any help please let us know, there is case law that may be helpfull to you in this case

 

Regards

paul

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Thanks pt2537!

 

No, I didn't apply for costs its not to late is it? do I have to make another application notice? @£75 a pop their not cheap or can I just write to the Court and ask for it?

 

I am about to write egg about the default etc and any info you can give me will be very welcome.

 

- B e_inspired.

 

AS ALWAYS ALL THE ABOVE IS IMHO.

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Hi e_inspired

 

cant honestly remember, i have always included this in my letter to the court asking for the strike out where this is the case. to be honest, your not likely to recover much IMHO so it may be something to put down to experience

 

with regards the default removal, do you have a copy of the default notice they sent. ?

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Hi pt253,

 

Thanks, I will research the whole cost issue..I think I can apply for costs but as you said it may not be worth it :( lucky egg.

 

Yes, I have the default notice.

 

- B e_inspired.

 

AS ALWAYS ALL THE ABOVE IS IMHO.

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  • 9 months later...

Hi All,

 

Where do I start... ok, so I think I have won it’s all done and dusted... read on.

 

So I do the natural thing and apply for costs, at costs hearing another Judge tells me that the court got it wrong and the files were filed in time (the order was to file and serve) I tried to explain this to this learned gentleman but no go, he gives a new order giving them more time to serve the amended claim (the muppets that are Egg don't even bother to show up to the cost hearing).

 

The egg hires new lawyers the dreaded drydens (I am sooo scared... no really I am they seem to know what they are doing), they serve the amended claim again out of time (yeah baby!!... well no).

 

By now we are all writing to the court to get their take on the matter and after 1000's of calls later to the court, hearing all kinds of things like it’s with the judge, it’s been stayed, we don't know where it is, its struck out, you will get a letter its being typed up, we can't find the file ... it really goes on and on. I finally got a nice person who faxed me a copy of a letter the court wrote to the lawyers, saying the claim is struck at as per blah blah blah BUT they can apply for an order to reinstate the claim mmm.

 

Today get a letter from Dry, guess what they are applying for the order above.

 

I believe I have a very good case against the egg but courts are strange places. I guess I may yet get my day in court.

 

If anybody knows the rules for applying for a reinstatement, i.e. what I can do to stop it, do they have a hearing, I would be grateful.

 

I will be detailing the case and issues in full and know I can count on your support.

Till the next instalment, I wish you all success in your endeavours.

 

BE_Inspired

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  • 3 months later...

Excellent stuff, I look forward to the update.

 

It would be simply amazing if the judge were to rule that your agreement is unenforceable (assume it's like the one I posted on my thread)

 

Am really mightily p1ssed off with Egg at the moment as just received the sh1tt1est letter I've ever seen from a Financial services company (that's about a credit card PPI complaint - I'll be starting a new thread in due course).

 

So let's hope you do manage to really smash the w@nkers!

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My agreement.

eggcontract.jpg - Windows Live

The reinstatement hearing is next week, I don't plan to oppose it but rather ask the court to award cost to me for time wasted, to rule on the enforceability of the contract and allow me to counterclaim (I will be going for damages for PPI).

Egg don't want to remove the DN and I have made it clear that it is a requirement of any compromise so it would be a massive climb down if they offer anything for me to keep quiet about their dodgy contract :D.

Like I say I am not taking anything for granted, if they were to make an offer which included the DN being removed I would take it, Courts are funny places, anything can happen:(

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Thanks EI.

 

Just the same as my agreement.

 

I guess if what we read on the Multiple Agreements thread has ANY chance of being true then Egg are probably pooing their pants about thousands of their agreements being unenforceable. They are probably worried about courts being funny places too!

 

If you do end up signing a confidentiality agreement then I hope you will come back on here to say you can't say anything, not just disappear!

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Ok, so I get home today and guess what? drydens have sent a letter to me and the court asking for the reinstatement hearing (RH) to be heard at the same time as their application for summary judgement (SJ), basically the RH is supposed to be on the 23rd Jan, they want it heard mid Feb with the SJ, they would also like me to write to the court if I agree.

 

The RH is just 7 days away... mmmm I wonder whats going on?

 

Oh maybe its the recent letter I sent them (2 days ago) that I would be seeking the courts declearation on the enforceablity of the contract provided... maybe?

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Thanks EI.

 

Just the same as my agreement.

 

I guess if what we read on the Multiple Agreements thread has ANY chance of being true then Egg are probably pooing their pants about thousands of their agreements being unenforceable. They are probably worried about courts being funny places too!

 

If you do end up signing a confidentiality agreement then I hope you will come back on here to say you can't say anything, not just disappear!

 

I've just found this thread and my agreement is the same with a few extra dodgy bits. I'm really interested at to how this turns out. Best of luck!

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Ok, so I get home today and guess what? drydens have sent a letter to me and the court asking for the reinstatement hearing (RH) to be heard at the same time as their application for summary judgement (SJ), basically the RH is supposed to be on the 23rd Jan, they want it heard mid Feb with the SJ, they would also like me to write to the court if I agree.

 

The RH is just 7 days away... mmmm I wonder whats going on?

 

Oh maybe its the recent letter I sent them (2 days ago) that I would be seeking the courts declearation on the enforceablity of the contract provided... maybe?

 

I sent a fax to the court (also a copy to drydens) saying that I agree and also asking for the courts declaration on the enforceability of the contract.. based on part 18 etc.

 

I received a letter from the court yesterday saying that the hearings will be heard together on 17th feb (the judge had already decided before I had sent my letter :eek:).

 

I received about 4 letters from drydens today saying basically the same thing that the hearing had been moved (they prob charge egg per letter).

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  • 2 weeks later...

Ok, so both applications are going to be heard on the 17th Feb.. less than 2 weeks away!!!!

 

I have today received the witness statement loads of blah blah... they are reallyy gunning for me :eek: look at this qoute below:

 

"It has only been since the Claimant began taking steps to recover the full balance due as a result of the Defendant's default under the Loan Agreement that the Defendant has raised issue with the validity of the Loan Agreement. The Claimant is of the opinon therefore that this allegation has been raised by the Defendant to avoid the repayment of the outstanding debt he is clearly liable for" :eek::eek::eek::eek:

 

This puppy is going all the way.. this weekend I am sleeping in the law library.. I need to really argue this multiple agreement properly.. I also need to file and serve by next tuesday (I think the CPR requires that?)

 

I am shi**ting bricks but I will give it my all.

 

I need all the help I can get... can anybody tell me what they think of this quote from the witness statement:

 

"The Defendant returned the signed Loan Agreement to the Claimant on or around 25 April 2004 and, having completed the necessary checks, the Claimant completed the Loan Agreement on or around 27 April 2004. In accordance with the terms of the Loan Agreement, a total advance of £xx,xxx.xx was granted under the Loan Agreement number xxxxx, the account number having been allocated once the Claimant had received all the required documentation from the Defendant"

 

I feel that this is a very serious statement, these are my thoughts:

 

1. s59 of CCA Agreement to enter future agreement void

2. They have already signed the agreement, so the agreement was excuted when I signed it or was it?

 

 

HELP!

Edited by e_inspired
Removed stuff about ppi wrong info
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  • 2 weeks later...

Just came back from court... I was lucky to make it out alive the DJ (he was good but) was definitely on the side of the egg :evil:, but somehow he deciding to adjourn the hearing so that the egg can get some answers to the issues I raised.

 

Basically we have narrowed it down to the following issues:

 

1. Was default notice valid?

 

My argument was:

 

The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) require that a default notice in Schedule 2 (1) requires that for a default notice to be valid it must contain:

1. A description of the agreement sufficient to indentify it.

The DN I received states:

 

“Loan Agreement number xxxxxxxx

You are in breach of the terms of the agreement above, which requires.......”

 

Basically the egg stated an incorrect agreement number on the DN (they put the account number), the eggs barrister (a really nice guy and really good at his job) suggested that since I only had one loan with the egg that should have been sufficient to identify it. The DJ was unsure whether he had to consider the wider meaning or if he was supposed to have a narrow view on the reg. He said that he thought it maybe a technical error.

 

2. Is agreement void due to s59 of CCA

 

The DJ loved this point, even though he said he was leaning to the eggs view that the agreement had already been made, so it was not an agreement to enter an agreement. The DJ keep saying so if the agreement had been signed and I failed the checks what would happen, the barrister had to admit that it was a contentious issue as to what would have happened in that case and under contract law their potentially would be issues.

 

3. Was the agreement improperly executed?

 

The agreement did not have the Total Amount Payable or the Total Charge for Credit.

 

The DJ went along with the barrister’s argument that they could be worked out from the information on the agreement. I tried in vain to say that the CCA required them to be there and if they were not that the egg needed the court’s permission to enforce the agreement

 

4. Is agreement a multi part agreement?

 

We didn't get time to address this issue but outside the barrister tried to say that the PPI and loan were in the same category, I set him straight on that.

 

So there it is folks the show goes on. If anybody can point me to any case law that could support my views I would be grateful, the next time we meet it is going to be game over and it’s not looking to good for me.:(

 

Thanks for reading.

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It feels good when you can through a few swerve balls in there mate and well done, however, like you say it is just a matter of time now !

 

I have been made an offer which is very close to the claim figure however, does not have the amount of legal fees and expenses that they would be claiming if a judgement was made...

 

Am in two minds, whether to just accept or to make a counter offer....;)

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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J

 

3. Was the agreement improperly executed?

 

The agreement did not have the Total Amount Payable or the Total Charge for Credit.

 

The DJ went along with the barrister’s argument that they could be worked out from the information on the agreement. I tried in vain to say that the CCA required them to be there and if they were not that the egg needed the court’s permission to enforce the agreement

.

due to time constraints placed upon me by work, i can only answer this point

 

It is irrelevent that you can calculate it from the figures, it was parliaments will that the TTC and TAP were incorperated into the agreement( See Consumer Credit Agreement Regulations 1983 Schedule 1)

 

point out that it is to be made clear so that the true cost of borrowing and its constituent parts are made clear to the consumer , who is most likely to be a layperson of little legal experience

 

to quote Lombard tricity Finance and Paton it is a "Childs Handbook" so if the regs say its gotta be there it has to be there

 

furthermore, how many people carry a calculator to a place when you are going to sign up for finance? not many id guess it is a very bad point the Barrister makes

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The following might help:

 

OFT Rulings - Consumer Credit (Agreements) Regulations 2004 sections: 9.3, 9.4, 9.5 & 9.6which further clarifies their view

 

 

OFT Rulings - Consumer Credit (Agreements) Regulations 2004

9.3 What if PPI is financed by credit?

 

If PPI is linked to a credit agreement, and is to be financed as part of that agreement, there are effectively two credit agreements – one for the principal credit and another to finance the PPI.

 

The credit financing the PPI will generally be a debtor-creditor-supplier (d-c-s) agreement within s12(b) CCA. If the principal credit agreement is also d-c-s within s12(b) there will be a single credit agreement for the purposes of the Act as they are in the same statutory category.

 

If however the principal credit agreement is debtor-creditor (d-c), or d-c-s within s12(a) or ©, there will be a multiple agreement for the purposes of s18 CCA – see Q9.4.

The consumer should always have the option of paying for PPI by cash, rather than credit. This applies even if the PPI is mandatory. A cash price should therefore be shown for PPI in all cases.

 

9.4 How should a multiple agreement with PPI be categorised?

 

In the OFT’s view, where PPI is to be financed by credit under the principal agreement, and falls within Reg 2 (a) – see Q9.10 – there will generally be a ‘unitary multi-part’ agreement, see Q2.23. This is irrespective of whether the PPI is mandatory or optional. The same also applies in the OFT’s view to contracts of shortfall insurance falling within Reg 2 (b), see Q2.25.

 

In other cases, the categorisation of a multiple agreement will depend upon the facts of each case – see Q2.21.

 

9.5 How should such agreements be documented?

 

In the OFT’s view, a ‘unitary multi-part’ agreement should be documented as though it were a single agreement but including under each sub-heading all required information and statements applicable to the individual ‘part agreements’ – see Q2.28.

 

Office of Fair Trading Consumer Credit (Agreements etc) Regs draft FAQs 98

Where Reg 2(9) applies, the agreements may be documented with a common heading and signature box and statements of protection and remedies – see Q9.12.

 

In the OFT’s view, financial and related particulars and other information should be shown both separately and together – see Q2.30. It should be made clear which information applies to the agreement as a whole and which to each ‘part agreement’ – see Q2.32. Where information is common to the agreements, see Q2.29.

 

9.6 What does this mean for PPI?

 

In the OFT’s view, where there is a ‘unitary multi-part’ agreement (see Q9.4) it is necessary to show financial and related particulars and other information both separately and together – see Q9.5.

 

This means that the financial and related particulars for the PPI credit should be stated separately from those for the principal credit agreement, but should also be shown in an aggregated form – see Q2.32.

 

The particulars would include the amount of credit and the cash price for the PPI. They would also include a description of the PPI, the timing and amounts of repayments and the total amount payable (where applicable). See also chapters 3 and 4.

 

 

Separate repayment terms for the two agreements and repayment terms are prescribed terms in Schedule 6 of the Consumer Credit (Agreements) Regulations 1983

 

Schedule 6 of the Consumer Credit (Agreements) Regulations 1983

schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia:

A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, a term stating the rate of any interest on the credit to be provided under the agreement and 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—

 

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.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

 

Best of luck!

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It feels good when you can through a few swerve balls in there mate and well done, however, like you say it is just a matter of time now !

 

I have been made an offer which is very close to the claim figure however, does not have the amount of legal fees and expenses that they would be claiming if a judgement was made...

 

Am in two minds, whether to just accept or to make a counter offer....;)

 

Counter offer, don't be forced to pay more than you can afford cos if you can't keep to the agreement you will be toasted. In my case I need to have the default removed... we settled on a figure of £5000 but they refuse to remove the default, hopefully they might reconsider cos even though it seems they have the upper hand at the moment, in my particular circumstances it really could go either way.

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