Crapquest vs Me

RAS

May

They have 12+2 days before they default and if they attempt to pursue the debt once another 30 calendar days have passed, they committ an offence. Unfortunately they arwe within the 30 day limit, just.

This is assuming that the CCA you have been sent is actually a real one.

Will try and find weller's list.

RAS

Not weller's but a post from fermi with the same info

Application forms are often "pre-contractual documents" rather than a valid enforceable agreement. But some application forms have in the past been valid agreements.

So to have a first stab at working out if what you have been sent is an enforceable the guide from Peter bard is handy:

Quote:
IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.
Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.
When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

The Prescribed Terms are these

A Amount of credit

A term stating the amount of credit

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.

---

Which of these applies to you depends on the type of agreement you have?

For a Running Account (credit card) agreement

BC and D Apply

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
• The money can only be used for the purpose it is given.
• There is no interest on the purchase (the cash price is the same as the total price)
• And there is no advance payment

A is applicable

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

A and B apply

For a Hire Agreement

B is Applicable



Does your CCA meet the requirements?

If you are not sure, can you scan it and post it up?

May

I can't scan the agreement. But to give you an idea, it states:

This is a credit agreement regulated by the Consumer Cedit ACt 1974. Please sign and return it.

The rest of the document has my personal details and bank details, signature and then pages of terms and conditions.

But I never disputed the debt, just the amount. This amount is different to what's on the court papers - minus costs. And even though i've written to capquest, they haven't really cooperated in resolving this matter

RAS

May

The fact is says "This is a credit agreement regulated by the Consumer Cedit ACt 1974. Please sign and return it". is irrelevent.

This sounds like it could well be an application form and not a CCA

Does it list

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.

May

ok, i've looked through the terms and cond' and cannot find any of those listed that you've mentioned. The form says to check that my details are correct and sign the form as part of my application and that's it. It is more like an application form

RAS

May the items BCD and D should be on the front page you signed?

Will post you a link to a genuine CCA shortly.

RAS

Hi

post 52 here http://forums.moneysavingexpert.com/showthread.html?t=501555&page=3

shows an enforecable CCA

May

Thanks! I can tell you now, mine looks nothing like that!
No details of amounts to be paid and when, or details of interest. Just one page of my particulars and signature!

RAS

OK

Now this is really serious if you are already in a court battle, so you need to get someone to look at that piece of paper, either a solicitor or a proper financial or legal CAB person. Alternatively get a friend to scannt and post it up on flickr and then ask CAG to look at it.

If this is just an application form, the situation re the court case is completely different. I would suggest you pm warrencarr and davek1 as I think they have both been to court with this.

RAS

Oh and there is a weller special on here that you can send crapquest when you have confirmed the situation.