Cap1 & CCA return

[pt2537]

yep,yep,yep and yep

 

got access to pretty much all of them, if you want them

 

 

regards

paul

 

Hi,

 

Does anyone have copies of

 

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993

Consumer Credit (Notice of Variation of Agreements) Regulations 1977

Consumer Credit (Credit Token Agreements) Regulations 1983

Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983

Consumer Credit (Quotations) Regulations 1980

Consumer credit(Agreement to enter Prospective agreements)(Exemptions) Regulations 1983

The Consumer Credit (Quotations) Regulations 1989

 

Just my luck, server crashed and lost all data:o . If anyone has any of these in electronic form please let me know!

 

kind regards,

 

shane

[pt2537]

will PDF do you

[pt2537]

im sure a judge would take a different view, there is nothing in legislation which allows the creditor to re-constitute a agreement. it must be a true copy of the executed agreement. i cant see how they could reconstitute an agreement and say it is a true copy

 

surely the judge would require the original signed document to be produced infront of him/her in the court room

 

thats my view anyway

 

regards

paul

[pt2537]

application to enter into furture credit, S59(1) CCA 1974 springs to mind

[pt2537]

Hi Shane,

 

it seems to me that there are no prescribed terms contained within this documet, atleast none that i can see which would automatically render it unenforceable wouldnt it

 

Regards

paul

[pt2537]

Then The Consumer credit(Agreement to enter Prospective agreements)(Exemptions) Regulations 1983/1552 would be irrelevent as it requires thatthe document is signed by the debtor on the premises so as you signed it at home its irrelevent

 

since there are no prescribed terms in the document then its unenforcable,plus its an application and as such void under s59(1) Consumer Credit Act 1974 as it is arguable that it is an application to enter into future credit which is not allowed

 

to sum up, from what you have posted, in my humble opinion, they have not produced an enforcable agreement

 

 

regards

paul

[pt2537]

I think you're confusing "enforcement" with "collection", personally? As you have had some funds from them (presumably!) they will probably have an "equitable right" to attempt collection within the law - i.e., not to harrass you for payment.

 

They can't enforce the debt if the agreement isn't regulated, but that won't stop them attempting collection as the "debt" still exists regardless of it's legal basis.

 

 

i must say this has left me a little confused by that statement.

 

statute says not enforcable full stop, equity will not override a statute surely.

 

regards

paul

[pt2537]

oh,sorry, heads a bit of a mush this morning,

 

i misunderstood what was posted thats all

 

i understand now

 

regards

paul

[pt2537]

Hi Chris

 

no its total chaos here at the mo, preparing 3 x claims this morning as im having a crack at a catalogue to get a default removed, its a long story.

 

basically i quickly glanced over what you said and misunderstood it or interpreted it wrongly.

 

like i said its mayhem

 

regards

paul

[pt2537]

depends, if the default contains incorrect information ie incorrect figures then it would be void, confirmed by the Court of Appeal and as such must be removed

 

regards

paul

[pt2537]

with regards your agreement, arent they possibly printed on the back of the Document they sent you HAK? not on a seperate sheet

 

 

regards

paul

[pt2537]

Ian1969uk

 

can you clarify what regs this comes under please as im curious?

[pt2537]

Hi Peter,

 

Did you get a chance to look atthe agreement from Great universal in this thread http://www.consumeractiongroup.co.uk/forum/general-debt/117270-alf-great-universal-stores-3.html#post1202708 ?

 

Alf has been asking for help and it would be helpful if you could give us your views if the agreement was enforcable, in your opinion

 

Regards

paul

[pt2537]

HAK, i have a copy of the Consumer Credit (Cancellation Notices and Copies of Documents)Regulations 1983 (SI 1983/1557)

if you want i can email them to you

regards

paul

[pt2537]

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

[pt2537]

Just an observation but shouldnt the request include a request for a statement of account and terms and conditions?

[pt2537]

that as well:D

[pt2537]

Hi Carteroo

Welcome to the CAG

 

What they are trying to do is hide behind s136 Law of Property Act 1925 in saying they have purchased the debt and its rights but none of the responsibility

 

unfortunatley they are wrong.

 

under the LoP an assignment is absolute, therefore they have the responsibilities as well.

 

the Consumer Credit Act 1974 offers protection to debtors that where a creditor does not have a valid executed credit agreement they are not entitled to enforce the debt plain and simple

 

regards

paul

[pt2537]

FAO peterbard

 

would you please be so kind as to take a look at a conditional sale agreement for us

 

the thread is here http://www.consumeractiongroup.co.uk/forum/general-debt/118853-creditor-failed-provide-cca-2.html#post1231849

 

its the figures which we wanted checked

 

thanks

 

Kind Regards

paul

[pt2537]

the general rule of thumb is once 12 working days pass and no agreement then they are in default and not entitled to enforce the debt while the default continues

 

put basically

 

NO CCA = NO PAY

 

its up to you , you can still pay them if you like

[pt2537]

What this means cateroo, is that the DCA' is as has been mentioned above trying to opt out of it's responsibility. It all gets a bit confusing and that's what they rely on. WHether they are the original creditor or not, if they are chasing you for money on an alledged debt, then they have to supply you, within 12 Working days;) (+2 )for postage a copy of the credit agreement you originally signed when taking out the credit. Now they have a habit of a)sending nothing, b) sending you that letter they did denying responsibility c) writing and saying they will apply to the original creditor to get the copy. Whatever they do, they should supply you with it in the time of 12 working days plus 2 days for postage from when your CCA request was sent in. If they don't, as is likely, then they cannot enforce the debt ( ask you to pay it) without a court order, which means they will have to go to court and ask the court to enforce the debt, but they'd have to supply the Judge with a copy of the original agreement first, so if they don't send it to you they are hardly likely to supply it to a judge.

 

They then have a further one month to supply this document to you and if the don't then they have committed a criminal offense and you can report them to Trading Standards. The more people do that the more trouble they'll get into. HOWEVER, this does not mean the debt is dead. If the DCA or the finance company come up with document in the future, they can still get the court order to ask you to pay. If you feel you wish to continue paying something and you acknowledge the debt by all means carry on, but to enforce it they will need that court order.

 

There is a letter in the templates library for non compliance or your request I believe so you can send them that.

 

Mr Lunn, the Director of Thames Credit is the one to write to and you just mention the Consumer Action Group and Cabot Fan Club and he'll know what to do.. he has been warned!

Hi Sarah (andrew1)

 

sorry but i had to correct that as it was slightly wrong

 

regards

paul

[pt2537]

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

[pt2537]

Hi Peter,

 

im having difficulty myself, i will get the op to post up the info and come straight back to you when i have it

 

thanks

 

 

 

kind regards

paul

[pt2537]

 

1. Total Cash price: £10,999.00

2. Finance Deposit: £0

3. Amount Financed (1+2): £10,999.00

4. Total Charge for Credit: £4,839.58

 

 

Made up of:

 

Finance Charges £4,674.58

Credit Facility Fee: £105.00

Title Discharge Fee: £60.00

 

5. Balance Payable (3+4): £ 15838.58

 

6. total Amount Payable (2+5): £ 15838.56

 

7. APR 16.62%

 

You will pay:

 

A first vehicle instalment of £366.23

Followed by 58 Monthly vehicle instalments of £261.23

Followed by a final vehicle instalment of £321.01

 

 

Hi peter

 

thats what he came up with

 

regards

paul

[pt2537]

Thank you so much for that peter

 

it was worth a shot but it looks like we are going to have to concede defeat on this one

 

Regards

paul