bfb
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"You'll find that this has all been discussed in replies, if you look hard enough" I hope not to be taking the reply above the wrong way but it seems unhelpful in addition to the replies I have taken these matters to court to satisfactory conclusion several times so have the benefit of that recent experience
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the credit limit definition does not meet the 1983 regulations the paper is not signed by the Halifax and the paper signed by you does not contain any of the prescribed conditions this crowd are 100% useless
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I see you have posted the copy documents regulations covering this that is what I was referring to regarding leaving out signature but not address
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you are looking at the wrong regulations the signature can be omitted but not the address
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correct, but that appears to be the only money she had ever paid, the net result was that she recovered the car recovered the money she paid to redeem it and retained the original loan given in the pawn. The refund to her was at the courts insistence.
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Wilson got the money back which she paid to redeem the car according to the transcript
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the limit for small claims was £750 in Scotland before 14th January it is now £3000
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this is a new increased limit in Scotland under its separate legal system
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many people on benefits are exmpt from court fees see the scotcourts website for this
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no win no fee - no need
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the new £3000 limit comes in as of 14th January replacing the existing £750 limit
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ccj will not appear in the meantime, ask for the agreements, Your reaction is what they are trying to get -do not panic
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this bank of scotland account is registered in default as a credit/store card and has all of the characteristics thereof the conditions are set to contain all of the prescribed conditions under the agreements regulations so even if it was treated as a credit card rather than a current account it is likely to be valid However there is very large question over why they chose not to be completely straight with it and include the references to the CCA etc
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Blades65 vs HBOS Preference - IQOR Recovery
bfb replied to BLADES65's topic in Halifax Bank and Bank of Scotland
The terms on the agreement contain all of the prescribed term under the 1983 Agreements regulations so might quoting s127 of the act constitute 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). " which can be enforceable under the act with a court order However the lack of references to the act in the agreement while recording it as a credit card with credit reference agencies is questionable- I certainly have questioned it forceably -
a distinction might need to be drawn between the situation when there is no documentation provided and when there is documentation provided which does not meet the requirements of the 1983 Agreements Regulations in schedule 6, and there are I suspect many such cases In the latter case the Wilson case in the Lords is very specific and the funds paid to date must be refunded in terms of the Lords inerpretation of the statutory provisions of section 127 of the 1974 Act. As they lords said "we dont like it but that is the way it is"
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