AA Personal Fiance CCA Reqeust

[JD2002]

Hi, can anyone help me with the following please.

 

I took out a AA Personal Loan in May 2008 and requested a CCA letter on 15/01/2008. They have replied to me on 14/01/2009. Please can someone have a look at this agreement for me and tell me if it is an enforceable agreement. If not what should I do next, any letters or templates would be appreciated. One thing to note is my signature is dated for 13/05/2008 and theier signature is dated 12/05/2008, a day earlier. Is that significant?

I have attached the photo bucket lik below.

 

AAPF pictures by JD2002 - Photobucket

 

Any help would be appreciated.

[brindles]

Hi,

I thought a credit agreement was only one page. Not sure if its enforceable, but i have found this.

 

hope it helps.

 

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 Pescribed 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;

© 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

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date. Debt collection library Follow this link to our debt collection library.

This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly.

This library is work in progress and will be built up over the next few weeks.

17.03.09

 

thanks

 

[JD2002]

The prescribed terms seem to be there? Does it have any bearing on whether it is enforceable if it is on more than one page?

[brindles]

bump...anyone help please on the above.

[JD2002]

Any advice on this please.

[brindles]

Hi JD2002,

 

I was hoping this would have been seen by some one who can advise you better.

 

I believe the prescribed terms should be within the four corners of the document,with your signature.

 

If it is more than one page, then the extra page can be added later containing anything they feel like adding.

 

One page with your signature..the page you signed is the page that should contain all the prescribed terms.

[brindles]

Can anyone confirm the above for me please.

[JD2002]

Any help on this please?

[brindles]

Hi,

i have found people on this site very helpful. But i have noticed they have no sympathy for people using s77/s78 of the consumer credit act for simple avoidance of paying there due debts.

 

i have looked at other threads and there is fantastic advice for people,they have fallen into arrears,struggled to continue payments,had no end of charges applied,threatened by dca and county court judgments.

 

These people are at there wits end, sleepless nights and days full of dread and fear.

 

You have mentioned none of the above, If you could supply a little more information about your plight, then, I am sure someone will help.

 

I myself am struggling to meet dca demands and have recieved very good advice.

 

I do not have the confidence to be able to say if your agreement is enforceable, i am sorry.

 

Keep on asking, and hopefuly someone else will be able to put you right.

 

good luck:)

[JD2002]

Hi Briddles,

The reason why I am going down this route is because of the endless problems I have been having. When things were good and I was in work I paid everyone on time, now they are threatening me with defaults and ccj's. I have had endless rude calls from companies and I don't know what else to do. I am not trying to avoid my debts, I am trying to sort them out, but they just don't seem interested. I have fallen into a lot of arrears and the charges keep going up. In light of the current climate, they still don't seem to be helping debtors.