Josie8
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Everything posted by Josie8
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Apologies I must have misread thread. I thought here was an issue regarding a credit agreement containing prescribed terms. However I would suggest you read judgment before decrying me. The judgment states that a creditor does not have to produce a signed copy of agreement when enforcing as long as can demonstrate on balance of possibilites that a compliant agreement was entered into originally.
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Full & Final Settlement Offers - Advice please
Josie8 replied to fredsdebt's topic in Debt management and Debt self-help
That's different -
Claim Stayed – Due to Unenforceable CCA Test Cases.
Josie8 replied to Blondie40's topic in Financial Legal Issues
Abc -
Claim Stayed – Due to Unenforceable CCA Test Cases.
Josie8 replied to Blondie40's topic in Financial Legal Issues
Abc -
Claim Stayed – Due to Unenforceable CCA Test Cases.
Josie8 replied to Blondie40's topic in Financial Legal Issues
Abc -
Claim Stayed – Due to Unenforceable CCA Test Cases.
Josie8 replied to Blondie40's topic in Financial Legal Issues
ABc -
Claim Stayed – Due to Unenforceable CCA Test Cases.
Josie8 replied to Blondie40's topic in Financial Legal Issues
Have you actually read the judgment? -
Claim Stayed – Due to Unenforceable CCA Test Cases.
Josie8 replied to Blondie40's topic in Financial Legal Issues
Yes -
Claim Stayed – Due to Unenforceable CCA Test Cases.
Josie8 replied to Blondie40's topic in Financial Legal Issues
it -
Claim Stayed – Due to Unenforceable CCA Test Cases.
Josie8 replied to Blondie40's topic in Financial Legal Issues
It w -
Claim Stayed – Due to Unenforceable CCA Test Cases.
Josie8 replied to Blondie40's topic in Financial Legal Issues
Abc -
Claim Stayed – Due to Unenforceable CCA Test Cases.
Josie8 replied to Blondie40's topic in Financial Legal Issues
Abc -
The case Carey v Hsbc was mainly over what a creditor needs to do in order to comply with s. 78 request. They are to be allowed to reconstitute agreements. This is also in accordance with the OFT draft guidance which was introduced into evidence. They do not have to provide a photocopy of the application at all. In addition prescribed terms can be overleaf or referred to as attached for agreements pre 2005. This will be a matter of evidence individual to each case
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Judgment in Manchester cases formally handed down yesterday afternoon. The case To be known as Carey v Hsbc was mainly over what a creditor needs to do in order to comply with s. 78 request. They are to be allowed to reconstitute agreements. This is also in accordance with the OFT draft guidance which was introduced into evidence. They do not have to provide a photocopy of the application at all. In addition prescribed terms can be overleaf or referred to as attached for agreements pre 2005. This will be a matter of evidence individual to each case
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Claim Stayed – Due to Unenforceable CCA Test Cases.
Josie8 replied to Blondie40's topic in Financial Legal Issues
The case Carey v Hsbc was mainly over what a creditor needs to do in order to comply with s. 78 request. They are to be allowed to reconstitute agreements. This is also in accordance with the OFT draft guidance which was introduced into evidence. They do not have to provide a photocopy of the application at all. In addition prescribed terms can be overleaf or referred to as attached for agreements pre 2005. This will be a matter of evidence individual to each case I am sorry if this is not what you want to hear. I would confirm that I am not linked to any CMC company -
1977 means they only have to provide the latest terms & conditions
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Claim Stayed – Due to Unenforceable CCA Test Cases.
Josie8 replied to Blondie40's topic in Financial Legal Issues
Jud -
NATWEST visa CCA-I think this may be unenforceable
Josie8 replied to lickthewallfatboy's topic in NatWest Bank
Forget the caharging order..... If it's more than £750 issue a statutory demand re windup proceedings. That would cause them mega inconvenience -
True copy or original agreement incomplete
Josie8 replied to vimto88's topic in Debt Collection Agencies
It doesn't mean that and the creditor may well be able to produce an enforceable agreement later - they just don't have to in order to comply with S.78 though what they need to do to comply will be decided by the manchester cases -
the postage
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Where does it state that?
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Claim Stayed – Due to Unenforceable CCA Test Cases.
Josie8 replied to Blondie40's topic in Financial Legal Issues
What reason do you have for stating that? -
Claim Stayed – Due to Unenforceable CCA Test Cases.
Josie8 replied to Blondie40's topic in Financial Legal Issues
No my comment referred to the banks view before the oft barrister Steve Neville addressed the court on. They definitely weren't so happy afterwards . The banks position is that all they need to produce under s.78 is a copy of latest T's & C's
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