Goldlady's OH v Cohens / CL Finance - Round 2

[pt2537]

you can remove the link if you go into the edit thread secition

[barracad]

You should be able to edit your own posts, but I've removed the attachment for you now.

[MARTIN3030]

Done

[Goldlady]

Thanks you guys - will now try and edit it.

[Goldlady]

Here we go again....

[Santos L Helper]

 

Just found out I got my Law Degree - so it is now Goldlady LLB (Hons)

 

 

Congratulations:)

 

Must have been very hard work but well worth it in the end.

 

Regards

 

Santos

[Under Siege]

Hi Goldlady, I have sent you a PM

[Goldlady]

Cracked it - form deleted for second time. I think I will try again tomorrow!!!

[pt2537]

yep, next to the quote tab in the bottom right hand corner of the message you want to edit is a tab called edit

 

click on it then use the go advanced tab and it will allow you to remove the attachment

[Goldlady]

Thanks Paul I got there - are you onto bottle number two? I am still on bottle one. As there is only bottle one - wasn't expecting my results till Friday;)

[Goldlady]

OK here we are again - if this one is legible then I am going down the garden to eat worms. Then again it is a tad chilly.

 

Hello australia - so it is upside down but at least it is there!!!

scantry30001.pdf

[car2403]

Worked that time!

 

I can't see a credit limit, which is a prescribed term. Also seems to be missing protection/remedies available under the Act. It refers to other documentation, so doesn't include all the terms of the agreement - was this sent with the T&C's, of have GE only sent the agreement, as happened with my claim against them?

 

Unenforceable without a Court order, IMO...

[Goldlady]

A glimmer of hope then car2403. That was all they sent us. We will have to see what the learned judge makes of it - and of course the rest of the CCA scrutineers who will hopefully come back after my many attempts to upload the thing:p

[car2403]

They should have also sent this little lot;

 

 

The creditor under a regulated agreement, within

the prescribed period after receiving a request in writing to that effect from the debtor

and payment of a fee of 15 new pence, shall give the debtor a copy of the executed

agreement (if any) and of any other document referred to in it, together with a

statement signed by or on behalf of the creditor showing, according to the information

to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the

creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw

further on the account, will later become payable under the agreement by the

debtor to the creditor.

 

This is s.78 - it's similar for s.77.

 

If they haven't provided everything, they are still in default of your request and can't enforce the agreement;

 

If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

[pt2537]

right then

 

was it signed on B&Q premises?

 

if not wheres the cancelation rights refered to in the doc

 

i also have issues over the legibility of the document. i have tried to enlarge it and it doesnt blow up too well. we must remember that a copy document MUST be easily legible to comply with regulation 2 of Consumer Credit (Cancellation Notices and Copies of Documents)Regulations 1983 (SI 1983/1557)

 

obviously you have the original copy so i have to ask is it EASILY LEGIBLE?

 

Also no statement of protection

[babybear39]

Congratulations on getting your law degree

[Goldlady]

Thanks babybear - celebrating tonight! Paul the original is legible if I put my glasses on so no joy there. It was signed at a B&Q shop. It was countersigned by a B&Q employee. OH was then able to spend as much as he wanted in the shop on that day. We got the card a week or so later but no further paperwork.

[Hopeful1]

Second attempt coming up.

 

Just found out I got my Law Degree - so it is now Goldlady LLB (Hons)

 

Congratulations Well done GL LLB (honours!).

 

Will you be doing an IT course next??!!!!!

[FANTASY CHARGES]

66 Acceptance of credit-tokens

 

(1) The debtor shall not be liable under a credit-token agreement for use made of the credit-token by any person unless the debtor had previously accepted the credit-token, or the use constituted an acceptance of it by him.

 

(2) The debtor accepts a credit-token when—

 

(a) it is signed, or

 

(b) a receipt for it is signed, or

 

© it is first used,

 

 

either by the debtor himself or by a person who, pursuant to the agreement, is authorised by him to use it.

 

=========================

does the team think "OH" might not be liable for the spend pre "credit token arrival?"

[Goldlady]

 

Will you be doing an IT course next??!!!!!

 

:lol:

 

OH is a computer engineer believe it or not!!! That was bloody funny hopeful - made me giggle - or was that the cheap champers?

 

Very interesting thought Fantasy Charges about OH spending before he actually got the credit token. This poor judge is going to have a hard time when we finally get to court on this one. Although in my experience of the court we are going to the judge went off to the golf course because our hearing (for residence of OH's kids many years ago now) was on the other side of his case list and he didn't turn the page over:o

[Brassed off]

Congrats on the degree Goldlady Er, can you empty your PMs please:eek:

[Goldlady]

done that:p

[Goldlady]

Aargh - have just realised the AQ has to be in by Monday. Help needed as I have never filled one in and whilst I can manage the obvious bits I am sure there is more to it.

 

Thanks in anticipation

 

Goldlady xx

[car2403]

Which AQ is it - N149 or N150, for example?

[pt2537]

Hi GL LLB:p

 

right then whats the problem here then

 

has a disclosure request been filed ? did they comply with the request?

 

 

the AQ its self is fairly straight forward but it depnds what, if any, directions you would like to ask the judge to consider and order and what other info you wish to include to help with the case management

 

regards

paul