Is this enforceable?

slimone

Story to date - back and forth with 1st Credit. They sent me Page attached stating if its the right one, get in touch and they will send the rest. I got in touch. They never sent the rest. Just carried on threatening with court etc.
Put in complaints with OFT etc etc.
Letter from 1st Credit with page shown below again stating that IS the CCA and there are no further pages and they dont see why I was expecting further pages.
So - is this really the full CCA???? It hardly has anything on it!



http://s705.photobucket.com/albums/ww52/slimonephoto/?action=view&current=P22-04-09_18.jpg
PICTURE IS HERE IF IT DOESNT COME OUT.

dotstar24

the bottom box where you've signed the form....that looks enforceable!

i'm no expert but it looks kosher to me.

fermi

Is that all there is?

If so then it is missing the prescribed terms.

Should have:

• 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.

Absence of any of those renders the agreement unenforceable in court.

slimone

That is all there is to it.

In the first letter - enclosed with the one page - it says get in touch and they will send the rest. I got in touch. They just sent that one page again (eventually)

So...

Is this still not everything I need then, going by the comments above - one says "yes" and one says "no"

CONFUSED.COM

dotstar24

ah i'm not an expert.....fermi knows what he/she's talking about....ignore me LOL!!! XX sorry if i confused you.

fermi

Respond with something along the lines of:

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 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: -

- 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 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 .

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

slimone

Thanks a lot!!!!!!! Saved me a job! Hero

slimone

My only concern is - in the letter that accompanied the application bit - it does state...

"This is a credit agreement regulated by the consumer credit act 1974 signed only if you want to be legally bound by its terms"

fermi

slimone wrote: »

My only concern is - in the letter that accompanied the application bit - it does state...

"This is a credit agreement regulated by the consumer credit act 1974 signed only if you want to be legally bound by its terms"

Just because it has that printed on it, doesn't make it one.

I could write that across the top of my receipt from Tesco, or on a Christmas/birthday card. Wouldn't make it a legal agreement, would it?

oscar52

slimone wrote: »

My only concern is - in the letter that accompanied the application bit - it does state...

"This is a credit agreement regulated by the consumer credit act 1974 signed only if you want to be legally bound by its terms"

I have heard this one too - from my CC provider.

I gained a more amusing answer then fermi's

"it says oxo on London buses, but you cant make gravy out of one"

sallyjo_2

Thank you Fermi for your CCA reply!!! I too am being harrassed by this awful company, who are trying to bankrupt me with a Statutory Demand.

Why won't the OFT fine and suspend the licence of this company and give us a reprieve!