No i don't recall seeing anything in the regulations regarding agrements in dispute, although i have seen it used in OFT guidlines. The term cannot be enforced whilst********* is used in the cca a lot but i think that since the Rankine judjement it has been accepted that the enforcement begins in the court so the creditor can do really anything he likes regarding pursuing the debt right upto proceedings begin. Simon

Cheers I din't know the requirments were different for different lenders Its an egg i will have a look over there. Simon

Hello I have an agreement that needs looking at can I post it on here Simon

Hi I dont know how you you would go about proving that a box was or wasn't ticked. I think the important part in this instance of the pre and post contractural information in accordance with the distance marketing requirements in the first case and the cca in the latter. If you can show that you were not given a full copy of the agreement after execution and you were not prvided with the full cancellation details you might be able to challenge enforceablity 127(4) Simon

Hi I think it was October if memory serves:) Simon

Hi The Distance Marketing Regulations have been with us since October 2004 and work in concert with the Consumer Credit Act in order to enable credit to be sold without any face to face contact. They lay down certain regulations that are to be followed if the agreement is to be properly executed either by phone or any other remote medea. So the use of a tick box or even a verbal agreement will be acceptable. There are requirements for the creditor to proveide a full agreement which shows all the terms in the post or by e -mail within plenty of time for you to cancell if you wish.The cancellation time on these contracts is 14 days after either you agree the terms or when you recieve the last peice of information required by the regulations. regards Simon

Hi Seems OK to me I didn't see the date of he agreement but i should imagine it is covered by the distance marketing regs. Simon

HI No unfortunately not. If the agreement is enforceable it means the whole agreement not just the part after the agreement was produced. Unfortunately there is nothing within the act that says that interest is not due on accounts in defaul due to breach of section 77etc. This has come up in court once or twice and the court has always confirmed this. if you look on the 2006 cca you will see that htis oversite has been rectified on the new regs regarding none issuance of annual statements but unfortunatlely this does not apply to the sections mentioned. THinking about it there may be scope under the new section 140 regs for an action for unfairness on the creditors part if these charges are added to the account whilst in default due to there action ,the test mentioned does say things done or not done by the creditor, but that has yet to be explored in the courts. Regards Simon

Hi I would send them a letter reminding them that they are in breach of section 78 of the act and may not enforce the agreement until a true copy is produced. I would advise them that they would have to produced the orriginal signed agreement in court in order to be granted an enforcement order and that you will be applting for disclusure under CPR rules prior to anny court hearing. I would also advise them that under guidlines issued by the banking code they are not permitted to share data regarding any account that is in dispute with any CRA,s and fir the reasons stated this account is certainly in dispute. THey will continue of course to chase you for the mony and also continue to send you bills including interest which they will continue to add. Dispite what has been said there is nothing within the act to stop them from so doing. What they cannot do is pursue you for it through the courts and if they threaten to do so they are contravening the OFT debt collection guidlines and possible breaching the law(anti harrassment act). Be warned however thatif the agreement is found, and the court finds for the creditor you will have to pay all charges and interest for the periods missed even though they were in default. There is no reason why you cannot pursue them for your charges in the normal way, because the account is unenforceable by them, it does not mean that you cannot enforce the statutes that are involved in recovering penalty charges debited to the account. Simon

Hi Yes toallthe above However it is still worth loking at your agreement. so i would press them for a copy under section 77-78 of the act and the DPA. Are you paying an extortionate amount of interest if so ther are avenues you can go down to get these reduced, if no agreement is forthcoming or is improperly executed, even if the juge agrees to enforce. Also the unfairness test outlained in the 2006 is still very much in its infancy and really no one totally knows what kind of teeth it has on unscrupulous creditors. I would personally include an action under ther new unfairness legislation on any active account that was in dispute even if signed before 2007. Simon Simon

Hi Section 127(3-5) of the cca 1974 was repealed by the 2006 act on aggreements dated on or after the 6th of April 2007. On agreements before that date the section still applies. This section states that if an agreement does not contain the prescribed terms and the signature of the debtor the court may not enforce. So if your agreement is after this date you will not be able to use section 127(3-5) This does not mean that you canot challenge your agreement however. If the terms of the agreement are not stated in accordance with the act then it will still be improperly executed under section 65, thus making it enforceable only by order of the court. If your agreement was missleading or did not contain sufficiant information for you to make an informed purchasing decision or otherwise prejudiced your rights under the act the court may still refuse to enforce or may alter the terms of the agrements in your favour. Simon

Hi This is a good place tp start http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html Simon

Hi I presume the line of reasoning for any action would be; The bank did not contact the debtor with the information required ,therefore they are not entitled to benifit from the detemintion therefore they are not exempt from Part V of the act and must provide a copy of aan agreement. Does that sound right Simon

Hi I copied this from peterbards letters thread it is a communication from the OFT and does confirm what is being said, however it was the last bit that prompted my inquiry to them. Dear Mr Bardsley CONSUMER CREDIT ACT 1974 (the Act) Thank you for your emails of 15 March 2007, concerning overdrafts, and of 22 March 2007, concerning credit card agreements, which have been passed to me to reply. I apologise for the delay in replying. I should note that unfortunately the Office of Fair Trading (the OFT) cannot comment on or intervene in individual matters. This is because such actions fall beyond the remit of the OFT and because the OFT cannot be aware of all of the relevant information in each instance. Similarly, the OFT cannot comment or express a view on particular practices, save where the OFT has considered a practice in the round and its view is in the public domain. The following points are therefore general in nature. Overdrafts are normally not subject to those elements of the Act governing form and content of an agreement. This is because the OFT has issued a Determination under Section 74(3) of the Act excluding overdraft agreements from the need to comply. As a result of this there is usually no written agreement that a consumer can request under Section 78 of the Act. However, I should note that any Bank wishing to avail itself of the benefit of the Determination must notify the OFT of its intention to do so and is required to provide information to the prospective debtor. Specifically, the creditor must provide, in writing, at the time the agreement is concluded or before details of the credit limit if any, the annual rate of interest and any charges available, and the process for terminating the agreement. Typically banks make such information readily available via a variety of media on an ongoing basis. Best regards Peter Simon

Hi F Will do, but the information might be of use to people who are depending on the court system to give them time to pay before the ballifs come in and find that the whole system has been short curcuited. Maybee the link is a bit tenuous keep up the good work. Simon