is this true cca

[Rowers]

can anyboady cast their eye over this cover letter and cca

[reggie76]

Not that I am an expert to look at this but after clicking on it I can't read it, it's too small.

[Rowers]

am trying to use photobucket

 

[Rowers]

 

Here is the reverse side which is a photocapoy, can any one help . sorry i am having problems with uploading ect; as i am new to the site. But i will get used to it. many thnks for all your Help

[Rowers]

This is the CCA

 

[Rowers]

Can anyone please help....

[reggie76]

Someone should be along to help you.

I'm not an expert on this, sorry.

[Rowers]

ok no probs thanks reggie

[Rowers]

Hi are there any guys out there who could give a quick glance to this CCA to see if it is enforceable, pretty new to site so forgive me if it is fragmented . just need some advice.

[babydoll0141917]

Hi there is many of us that have this halifax application/agreement ..we all have different things on the reverse ...there is no codes page numbers or Overleafs to say there are T & c on the reverse..who is to say they were on the reverse when you signed!! There is no prescribed terms on the page you signed..and who is to say that the reverse was part of the same document..as its stands its improperly executed so can only be enforced in court !! thats if it can be enforced at..all... you need to send account in dispute letter..look at the halifax CCA threads type in SEARCH ,,This is the letter to send

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless 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).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

__________________

 

 

 

 

Head the letter

 

 

 

I Do Not Acknowledge Any Debt To Your Company or Any Company You Claim To Represent

[babydoll0141917]

subbing

[Rowers]

many thanks babydoll, will get this letter sent straight off.

Forgive me for been maybe slack but wot does subbing mean ?

[kiptower]

subbing = suscribed to the thread

 

a user maybe with similar problems we will get the email updates when anything is posted on the thread

[Rowers]

oh many thnks kitpower:)

[Rowers]

sorry kiptower:)