Crapitol One agreement, iffy?!!

[Tigstheterror]

Hi folks, just had my Crapitol One agreement sent to me after a month and a half of waiting and a subsequest snotty letter from Lowells asking for payment ,,yup ok!!! Debt is only £300, my point is this, ok they found an agreement, signed in previous name in Jan 2003, can't statute barr it cos i made token payments last year on the account, that was before i found this site and leaned a heck of a lot!! paid £12 in the space of a year.

Now i really just want clarification really, the terms and conditions and % rates etc are on a seperate page entirely to the signature page. My signature is also in a seperate box,within a box that only tells you about the Credit Agreement regulated by the consumer credit act 1974.

I tried to put it on photo bucket but it won't go!! lol :? so had to explain it instead!!

Am i correct in thinking that i can fire a letter back saying that the signature does not pertain to the credit offered as that is explained on an entirely seperate piece of paper therefore in law it is not applicable to that agreement, or words to that effect.

Sorry if the attachment is too big!!!

Any ideas /clarification of how to word the response and naff them off? any suggestions/questions will be gratefully received and answered!!

Many thanks all

Tigs x

[cerberusalert]

Can you re-post the URL it's too small.

[Tigstheterror]

Try this!!

Tigs x

[cerberusalert]

No it's still too small. Don't attach it as a thumbnail, upload it to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy & paste the IMG.

[Tigstheterror]

http://tinypic.com/view.php?pic=2cxaxk&s=5

Try this? many thnx !!!

Tigs x

[cerberusalert]

Send the idiots this;

 

Dear Sirs,

 

Account no

 

 

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 refer to 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

 

Yours,

 

Print name do not sign

[Tigstheterror]

I thought along the same lines to be honest, i couldn't believe it when i opened it and found two sheets of paper and the terms and conditions APR etc is on the second sheet!!!!!! no siggy on that sheet no date nothing,so how can i be bound by it's terms and conditions?!!! lmao I will have much fun and a BIG grin on my face when i send this to Lowells as they are the go between in all of this, lol and the customer services woman, didn't even know her Consumer Credit Act, she said they had a further 30 days to furnish me with it!!

Many many thanks Cerberus and i shall send this forthwith on Monday morning, recorded delivery, and i shall await the response!!!

Thanks again for the clarification and i hope it's ok to keep the template and pass along to others in the same situ? ( although i have directed some folk to this great site! )

hugs

Tigs x

[angry cat]

Send the idiots this;

 

Dear Sirs,

 

Account no

 

 

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 refer to 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

 

Yours,

 

Print name do not sign

 

Agree!

 

AC