Interest Charged Differs from Agreement - Unenforceable s127 - s142 application

[WinOrLose]

I have had a ccj registered on an agreement in default.

 

For various reasons I was not able to defend the case properly and subseqently applied to have it set aside on the basis that the interest rate charged is different from that on the agreement.

 

This application was struck out because I did not receive notice of the hearing date until after the actual date and so missed it.

 

I want to reapply for a set aside and additionally apply for a declaration under section 142.

 

But I have read in one of the threads here that even though the interest rate being different would appear to mean that one of the terms is stated incorrectly and so the agreement may not be enforced under 127(3). This is not actually the case but instead the creditor is in breach of the contract. The contract being implied to have been made at the interest rate shown in the agreement.

 

I would have thought that charging a different interest rate than on the agreement would be prima face evidence that a prescribed term is not stated correctly on the agreement.

 

But PeterBard in a discourse with PT2537 states otherwise in and around post 2215 of the extensive thread entitled "why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement" and further on on in the thread.

 

I think the argument is that there is a notional idea of an interest rate when the agreement is executed. If the creditor then charges a different interest rate (even in the first statement) they are just in breach of the agreement.

 

I really don't feel that this makes sense and the argument seamed to peter out. I would love to hear any comments, especially from PB or PT

[WinOrLose]

OK I'm going to have to work on the basis that the interest rate charged being different to that on the credit card agreement means that the agreement may not be enforced.

 

I would really appreciate any guidance on how to complete the n244 form properly along with should I complete a witness statement, a statement of case or put evidence in the box?

 

Anyone please.