"Unenforcable" Credit Agreements - let's get it out in the open

blind-as-a-bat wrote: »

It depends what you want to achieve peter, if you dont care about your CRA, you can do it all yourself quite easily IF nothing with a signeture can be produced.

If a document with a signeture is produced, but does not contain prescribed terms, i can fight that in court myself, and by the letter off legaslation i would win

But having already tried that once, and got a judge who totaly ignored the CCA act (we still won, but not due to anything to do with the CCA), i dont see, when faced with the same arrogance any 'claim company' can do any better, without risking a lot of money in the apeals proscess, on top of what has already been lost in defending, or bringing the first action.

Im not convinced any such 'claim company' can offer such a service, and sirvive financialy, unless they just cherry pick the cases that anyone can do themselves.

I already know even solicitors fair no better when faced with a judge who ignores the legaslation

blind-as-a-bat wrote: »

Not every time, making a statement like that is a bit arogant.

You have not heard of the case in liverpool then, where no valid CCA was produced at all , but the judge still ruled in favour of the claiment:rolleyes:

Re: my request under the Consumer Credit Act 1974

Thank you for your letter dated <date>.

It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1).

You have provided me a copy of an application form, not a correctly executed credit agreement.

Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement (Not an application), a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed

Now then, these regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553. Without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974.

For your information in case you are unsure. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are: -

- 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--

(a)Number of repayments;
(b)Amount of repayments;
(c)Frequency and timing of repayments;
(d)Dates of repayments;
(e)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.

Now nowhere on the application form that you supplied is there any reference to these terms.

I wish to remind you that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect

Therefore, you have failed to supply an enforceable document, which is correctly executed; as to be so it must conform to the Regulations under s60 CCA1974.

I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 1974.

The consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms.

Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement.

If you cannot supply me with a document, which complies with the Consumer Credit Act 1974, and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading and the Financial Ombudsman.

I respectfully request you review this matter in light of my comments above and I request that you supply me the required information or alternatively confirm the account with yourselves is closed.

I respectfully request a reply within 14 days of the date of this letter.

Yours Sincerely