Honda Finance

[cheekone]

I guess the following will be good enough to say why the judges decsion was wrong on the appelant form

 

A valid credit agreement must contain certain terms within the signature document (s.60(1)(2) CCA 1974). These core terms are the credit limit, repayment terms and the rate of interest (SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms must be within the signature document. (Column 2 schedule 6). s.61(1)(a) states the agreement must contain all the prescribed terms and be signed by both the debtor and on behalf of the creditor.

 

Further, s.127(3) CCA 1974 makes the account unenforceable if it is not in the proper form and content or improperly executed

 

The claiment merely implies that the agreement has been dated and signed it hasn't, the only other signature on the Agreement is a witness to my signature , and no date

 

can i refer to previous case in which lord justice's state the requiements of section 127, Wilson and another v Hurstanger Ltd

Court of Appeal 4 April 2007

[42man]

Have you spoken to a barrister as yet....tried Bar Pro Bono or a local Law Advice Centre ?

[steven4064]

cheekone, I'm not sure I understand the question - in waht way do you want to refer to it? Or are you aksing for a different case?

[cheekone]

hi steven,

i was just asking if i could point out case law in my appeal defence

 

well it looks like i need a barrister, and need to take it to the court of appeal. brilliant i lose my car for six months why they sort this out

 

might be easier to make a claim against them for mispresentation

[bazaar]

Cheekone, take a step back a bit, your appeal needs to be organised. Dont get into retaliation, it wont look good. Stick to facts of your case. Get as much case law as you can to support your appeal. You need to be calm on this.

[cheekone]

will do bazaar

 

was a judge right to enforce my agreement under section 65 , even though the creditor signature was missing and no date ?

[sequenci]

was a judge right to enforce my agreement under section 65 , even though the creditor signature was missing and no date ?

 

I understand that that the agreement *could* be enforced with the leave of a court if these items are missing.

[cheekone]

thanks, so would anyone know how to prove to a court that the apr is incorrect ?

 

As the agreement and terms are on seperate pages , would i be right that a court couldn't enforce the agreement under section 65

[cheekone]

right, i need help, and yes im seeing a solicitor on monday

 

can some one tell me if a independent dealership can sign as the creditor, or on behalf of the creditor, even though the creditor was black horse.

 

my terms and conditions are as when making points in them theirs use hyphens, my has bullet points, would this be considered a different set of terms and conditions

[cheekone]

went to see a solicitor today, and i believed that the court had made the wrong decsion under section 61, signing of a agreement, and section 127, that a court can not enforce a agreement under section 65, if the agreement hadn't been signed as stated in section 61(1)a

 

The solictor said you had to show preduced or the court would enforce it ??????

[cheekone]

if a default notice has been issued and the start date of the agreement is in correct , and the cca hasn't been dated does this make the default notice incorrectly applied ?

[cheekone]

hi vint1954, The Agreement , has been referred to and the date it was signed, on the default notice. but theirs no date on the agreement

[cab1ne]

hi vint1954, The Agreement , has been referred to and the date it was signed, on the default notice. but theirs no date on the agreement

 

scan your docs, upload to photobucket its free Register for free at Photobucket.com. remove personal details. then we will get a better idea what we are looking at

 

cab

[cab1ne]

what is the date of the default notice

 

cab

[cheekone]

the date of default was 31/08/2007

[cab1ne]

the date of default was 31/08/2007

 

first class post it is ok but second class post it could be dodgy and on a less serious note the format / layout is not correct. do you still have the envelope it came in.

 

cab

[cheekone]

unfortnatley not

[cab1ne]

just checked the dates

 

31/08/07 was a sunday so first class = 01/02 = postage 03/09/07 = served +14 = 17th sept 07

second class = 01/02/03/04 = postage 05/09/07 = served + 14 = 19th sept 07.

 

date wise it looks ok it is just the layout that is wrong but reading around that aint too bad.

 

cab

Edited February 7, 2010 by cab1ne
oops

[cheekone]

Hi cab1ine, but if the agreement it refers too hasn't been signed or dated by the creditor is it still a legal document ?

[cab1ne]

Hi cab1ine, but if the agreement it refers too hasn't been signed or dated by the creditor is it still a legal document ?

 

can you scan the agreement up as that will be a seperate issue.

 

cab

[robcag]

Hi

 

Unfortunately I think 31/8/07 was a Friday .

 

As pointed out above, there is some discrepancy with the wording of the DN, for instance the words BEFORE THE DATE SHOWN are supposed to be given more prominence than the rest of the words in the sentences in which they appear, i.e. they should be BOLDER or UNDERLINED to make them stand out further. This is a statutory requirement.

 

Cheers

Rob

[cab1ne]

Hi

 

Unfortunately I think 31/8/07 was a Friday .i stand corrected

 

As pointed out above, there is some discrepancy with the wording of the DN, for instance the words BEFORE THE DATE SHOWN are supposed to be given more prominence than the rest of the words in the sentences in which they appear, i.e. they should be BOLDER or UNDERLINED to make them stand out further. This is a statutory requirement. but reading around as we do and the judge lottery issues "not as solid as a default notice being a couple of days out on service"

 

cab

[vint1954]

That appears to be the only problem with it. layaout. Not fatal though.

[cab1ne]

That appears to be the only problem with it. layaout. Not fatal though.

 

i agree 100%

 

post up the agreement, you never know:rolleyes:

 

cab

[cheekone]

hi guys, i tried to post it the agreement up lastnight, will try again latter