Unenforceability & Template Letters

leanne82duke

fermi wrote: »

Interesting from CAB....

OFT draft guidance on sections 77,78 and 79 of the Consumer Credit Act 1974

that does make for interesting reading

never-in-doubt

fermi wrote: »

Interesting from CAB....

OFT draft guidance on sections 77,78 and 79 of the Consumer Credit Act 1974

Fermi - thanks for this...

I've been sunning it :cool::cool: and am reading all sorts of rumours about RBS and their High Court win etc.... hmmm, got to try and get the facts away from the myths on this one!

2 weeks in Cuba and 5000 posts to read lol :eek:

fermi

I'm not envious, honest.....................

The banks and DCA's prefer the myths on this one. The facts aren't comfortable for them. :rolleyes:

never-in-doubt

fermi wrote: »

I'm not envious, honest.....................

The banks and DCA's prefer the myths on this one. The facts aren't comfortable for them. :rolleyes:

Cuba was a staggering 40c - jealous yet?

LOL, thanks - you've saved me wasting my time then, i.e. no change to the law we already know then

fermi

never-in-doubt wrote: »

Cuba was a staggering 40c - jealous yet?

:silenced: :whistle:

never-in-doubt wrote: »

LOL, thanks - you've saved me wasting my time then, i.e. no change to the law we already know then

None that they weren't flagrently ignoring anyway. :rolleyes: :rolleyes: :rolleyes:

Still worth reading the threads though. I think some of the banks/DCA are already trying to use their spin on it to mislead people, so best to be prepared.

never-in-doubt

fermi wrote: »

Still worth reading the threads though. I think some of the banks/DCA are already trying to use their spin on it to mislead people, so best to be prepared.

Thanks, will do...... (but the CCA is never definitive within itself, so really it's all about how much bottle you have cos the banks are likely to try it on by kinda saying 'ok, lets go to court' - which would be the only real difference, IMO)...

fermi

It will still be about "bottle" really, as it has been since the first.

An agreement that was fundamentally unenforceable is still just that. With court threats it is still, 'put up or shut up' when it comes to the crunch.

C2K_2

Hi N-I-D

I have been following this thread, thank you so much for your full contributions that must have enlightened so many, I am one of them.

I have a query about a possible enforceable CCA perhaps you can advise me on; in oder for a pre 2007 CCA to be fully compliant, does the signature of a debtor has to be on the same page as the precribed terms? How about the prescribed terms are on the front page and the signature on the back of the page. Is it challengable?

Many thanks.

never-in-doubt

C2K wrote: »

Hi N-I-D

I have been following this thread, thank you so much for your full contributions that must have enlightened so many, I am one of them.

I have a query about a possible enforceable CCA perhaps you can advise me on; in oder for a pre 2007 CCA to be fully compliant, does the signature of a debtor has to be on the same page as the precribed terms? How about the prescribed terms are on the front page and the signature on the back of the page. Is it challengable?

Many thanks.

Hiya,

Thanks for comments - happy to help

If the prescribed terms and signature are shown on a single page or continuous set of pages then it does conform to the CCA so your answer is no, it wouldn't be worth challenging IMO. :mad:

To be fully compliant, if it is a credit card then it should contain parts B, C & D (see below) - from page 1
(http://forums.moneysavingexpert.com/showpost.html?p=24040085&postcount=1)

B Repayments
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.

C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

CeeBeeDeeBee

Hi Never In Doubt, this is a great thread and I'm glad you had a great holiday

I have a M&S Money credit card which I have now defaulted on and it has been sent to Collect Direct UK for recovery.

I sent off the CCA request letter to Collect Direct and recieved back from M&S Money a copy of my application form along with a 'credit agreement'

The credit agreement was unsigned by me, had no name, address or account number and the interest rates were different from the application form, even the date on the creditors stamp was wrong (some 6 months later!)

I sent back to Collect Direct the letter stateing that was unenforcable and have recieved a letter yesterday;

"Our client has provided in good faith all the information they are required to provide under sections 77 or 78 of the CCA74. They have examined this agreement, and your account, and are satisfied that there is no valid dispute and that they have a legally enforceable agreement with you. This, at the very least, is evidenced by your use of the account and reciept of the credit funds. Our client has therefore fulfilled their obligation with regards to your alleged dispute.

The MOJ and OFT have recently issued a consumer alert, warning people of the riskes of being misled over the enforceability of CCAs. We therefore strongly recommend you now seek legal advice if you intend to rely any further on the alleged breach of any of the acts that govern this account, pertaining to your liability to our client, as your current understanding is inaccurate."

Now I know that the documentation they supplied is not an enforcable agreement or whatever the correct term is, but what do I do next?

Chris