CCA return for M+S loan - look enforceable?

[Clinging_2da_wreckage]

Hi Caggers.

 

Please could any kind person take a butchers at the linked CCA request response and give me some advice?

 

I think it looks the real deal and the signatures look ok. Sigh!

 

Any help very much appreciated

 

Thanks

 

 

http://i793.photobucket.com/albums/yy218/quiggers76534/MS%20CCA/MSLoan1a.jpg

 

http://i793.photobucket.com/albums/yy218/quiggers76534/MS%20CCA/MSLoan2a.jpg

[Huff&Puff]

It does look enforceable to me, all the prescribed terms seem to be there. Given the quality of the document though, it's quite possible that all they have is a microfiche copy, and not the original signed document.

 

Did you receive a default and termination notice? If so, post those up as well.

[Clinging_2da_wreckage]

Hi Huff&Puff

 

Thanks for your response.

 

Trawling through my files I doesn't appear that I recieved an official default and termination notice.

 

Just a threatogram from a DCR informing me my account was overdue and they had been instructed to recover the amount owed.

 

Is a microfiche copy not enforcable then?

[Huff&Puff]

Strictly, thy are supposed to produce the original document in court. Taken in conjunction with the lack of a DN and termination notice, you have a defence if you want to play hardball with them in my opinion.

 

Which DCA is this with?

[Pinky69]

They can produce a microfiche in court BUT they must also produce a technical expert who has knowledge of the data base the microfiche was stored in and can state in court that the microfiche was not tampered with in the processing. They are highly unlikely to be able to do that.

[Clinging_2da_wreckage]

Hi Pinky, thanks for your input.

 

Hmmm. that's interesting

 

The DCA is C.o.l.l.e.c.t. D.i.r.e.c.t. (UK). We offered £1 a month, they upped it to £5 a month.

 

Is it worth asking for a termination notice do you think?

[palomino]

Microfiche is a form of film. It is normally stored in things like filing cabinets, boxes, etc. but not in a database.

[Huff&Puff]

No, never ask for anything. You can use the lack of compliance as a defence if they ever took you to court.

 

How do you want to play this? If you feel obliged to pay them something, just write back and say that £1 a month is all you will pay, and they can take it or leave it. Or you could just ignore them for the moment and see where they go with it. I suspect it will just be empty threatograms.

[surprise]

Has anyone checked these figures through a loan calculator? I have and it appears the APR is wrong. The calculator I have used shows that the repayments should be £115.47 per month not as shown £116.75 with an APR 6.9%. Can someone else check as it would question enforceability.

[cashins]

Has anyone checked these figures through a loan calculator? I have and it appears the APR is wrong. The calculator I have used shows that the repayments should be £115.47 per month not as shown £116.75 with an APR 6.9%. Can someone else check as it would question enforceability

.

 

It would seem that there is a deferred period at the front end which could account for it, (loan period 88 months? - number of payments 84)

 

David

[Clinging_2da_wreckage]

Palomino,surprise and cashins, thank you for your contributions.

 

Understood Huff&Puff.

 

We have been paying £5 a month for a few months now so it might be hard to reduce it? I am thinking maybe I should continue as is and if they start to try and up the ante maybe I will try the hardball approach.

 

Maybe that sounds lame but £5 a month could be a small price to pay to avoid the all the stress.

[Huff&Puff]

Not at all, if you're happy with that arrangement, then there's nothing wrong with not rocking the boat. Be aware though, that we never see a DCA that doesn't get greedy sooner or later, so they'll be back eventually, wanting to up your repayments

[Clinging_2da_wreckage]

Yes I can imagine that will be the case. Time will tell as they say.

 

Thanks very much for your help Huff&Puff and all.