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  • sourcrates
    sourcrates Posts: 31,484 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 24 June 2016 at 10:10AM
    zenshi wrote: »
    I'm sorry to be so needy...I hate being needy!

    There's just so much conflicting advice on the net and everywhere. If I had a compliant agreement to compare, I would be so much better

    I want to do this right, I can't afford to get a CCj

    If we look at s127(3) Consumer Credit Act 1974 which has now been repealed, that states :

    127(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).
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    sourcrates wrote: »
    Must be signed, so that's not compliant, also no credit limit, and incorrect interest rate, just those three things make it unenforceable from that time period.

    A copy agreement under a CCA request does not need to be signed to be valid.

    s127(3) is regards what was signed, not what is supplied in response to a CCA request.

    You may be able to use such a response to draw some inferences, but it is NOT proof either way on what was signed or not.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • sourcrates
    sourcrates Posts: 31,484 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 24 June 2016 at 10:21AM
    fermi wrote: »
    A copy agreement under a CCA request does not need to be signed to be valid.

    s127(3) is regards what was signed, not what is supplied in response to a CCA request.

    You may be able to use such a response to draw some inferences, but it is NOT proof either way on what was signed or not.

    I find many creditors are as much in the dark about what is compliant, and what isn't, as the OP is.
    In the past I have successfully got Cabot and Lowell to close accounts using similar arguments, in the end they either were at a loss to know how to proceed, or they just couldn't be bothered to pursue it, as the OP says, lots of conflicting info out there.

    Some interesting reading here : https://paulatwatsonssolicitors.wordpress.com/tag/unenforceable-credit-agreement/
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • zenshi
    zenshi Posts: 1,133 Forumite
    Part of the Furniture 500 Posts
    It's still with OC if that makes any difference in their knowledge
    LBM.....sometime in 2013 £27,056. 10 creditors
    June 20.....£7,587.....3 creditors left 72% paid

    £26,200 on interest only part of mortgage (July 16)...will chip away £17,103
    £49,200 repayment mortgage ( July 16) £37,764
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