Moorcroft CCA response - Help please....

BlueIsTheColour

Hiya,

Well finally Moorcroft have come back with what they say is my CCA from Sainsburys, please can someone advice if they are correct? From the limited knowledge I have I don't believe it is, but could do with some expert help if possible, please.......

To me its just an application form with no real detail in it, I have blanked out my bits but am sure you should be able to see the bits that you need to.

I also asked for a deed of assignment and didn't get that, but Moorcrap have kindly put my account on hold for a further two weeks to allow me time to contact them, hmmm.......

Any help would be most appreciated, thanks guys

Edit: Document removed so as to prevent unwelcome attentions from naughty peeps!!!

Thanks to all who replied, a fantastic help! :T :T I am doing the letter now and shall send it signed for tomorrow!

Numpty_Monkey

Thought i'd give it a bump
I've no idea about CCA 's:o

BlueIsTheColour

Thanks hun, how's you? Any job news?

10past6

It's not enforceable :rotfl:

BlueIsTheColour

10past, have I told you lately how wonderful I think you are:rotfl: :rotfl:

10past6

BlueIsTheColour wrote: »

10past, have I told you lately how wonderful I think you are:rotfl: :rotfl:

Not lately :rotfl: :rotfl:

Numpty_Monkey

BlueIsTheColour wrote: »

Thanks hun, how's you? Any job news?

Nothing

indebtbigtime

why isnt it enforecable please?

I have just sent off 10 CCAs and I am intrigueed

Thanks

davey001

As a Pre April-07 agreement it does not contain the Prescribed Terms required. When an agreement does not include the prescribed terms as per section 61(a) of the Consumer Credit Act 1974 then the agreement is irredeemably unenforceable.

"s61 CCA - Signing of agreement:
(1) A regulated agreement is not properly executed unless—
(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and
(b) the document embodies all the terms of the agreement, other than implied terms, and
(c) the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.
s127(3) CCA:
(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). "

fermi

To Moorcroft

Re: my request under the Consumer Credit Act 1974

Thank you for your letter dated 16th June 2008.

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 and I feel it is my duty to draw your attention to some serious flaws in your comments.

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 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--

(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

Since the document you have supplied is a clear mailer application form, I cannot believe for one moment that these very important terms would be contained on the opposite side of the form, unless they are there for the postman to read while he delivers the mail. Therefore they must have been contained in a separate document, which is prohibited by the SI1983/1553, as there is no clear link to them within the signature document.

Therefore, you have failed to supply an enforceable document, which is correctly executed as to be so; it must conform to the Regs 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 74, 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.

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 is closed and the debt written off with a zero balance.

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

Yours Sincerely

Might be best to remove that image from your post later.

Debt collection companies do read this forum.

BlueIsTheColour

10past6 wrote: »

Not lately :rotfl: :rotfl:

Well for that I'm sorry, but of course you know how much I think of you :rotfl: :rotfl: