Cap1 & CCA return

[Peterbard]

5.

—(1) Regulation 3 (form and content of regulated consumer hire agreements) shall be

amended as follows.

(2) For paragraph 4 substitute—

“(4) Subject to paragraph (5) below the information, statements of the protection and

remedies, signature and separate boxes which this regulation requires documents

embodying regulated consumer hire agreements to contain, shall be set out in the order

given by paragraphs (a) to (e) below under, where applicable, the headings specified

below:—

(a) the nature of the agreement as set out in paragraph 1 of Schedule 3 to these

Regulations;

(b) the parties to the agreement as set out in paragraph 2 of Schedule 3 to these

Regulations;

© under the heading “Key Financial Information”, the financial and related

particulars set out in paragraphs 3 to 8 of Schedule 3 to these Regulations;

(d) under the heading “Key Information”—

(i) the information set out in paragraphs 9 to 11 of Schedule 3 to these

Regulations; and

(ii) the statements of protection and remedies set out in Schedule 4 to these

Regulations; and

(e) the signature box and, where applicable, the separate box required by paragraph (6)

below,

and such information, statements of protection and remedies, signature and separate boxes

shall be shown together as a whole and shall not be preceded by any information apart from

trade names, logos or the reference number of the agreement or interspersed with any other

information or wording apart from subtotals of total amounts and cross references to the

terms of the agreement.”.

 

I cant fid a copy of the finished reprint but this is as good as as you well know.Now stop winding me up and get back to you ironiong .Oh but get some of your mates from your knitting circle to sign the pettition.

 

By the way Battleaxe you are welcome to come over but please dont drive you might haeve to reverse into our lane and you know haw bad you ladies are at that;)

Iwill now look up transitional arrangements for SI s

 

Peter

 

 

[Peterbard]

hi

Credit cards are covered by the legislation dealing with credit tokens and although a running account credit does not fall foul of section 74, which says that overdrafts drawn on a current acout are exempt from section 61 etc and ther fore 77.

 

The you can default an overdraft because it is covered by part by section 60 etc(Patrt V) of the agremment.

 

Peter

[Peterbard]

Hi

I now have a copy of the orriginal 1983 1553 regs I have tried to scan it but i cannot get it to open anyway it says.

 

(4)Subject to paragraph 5) below. The information about financial and related parrticulars set out in paagaphs 2 to 9 of f Schedule 3 to these Regulations shall be shown togeger as a whole in documens embodyying regulated consumer hire agrfeements and not interspersed with other informating apart from subtotals of total amounts and cross references to tierm of the agrement.

 

And don't cal my shed it is the only way i cn get away from the wife two daughters two grandaughters and a mother in law.

 

Peter

 

Peter

[Peterbard]

hI

 

This is somethng i am looking at at the moment in relation to who regulates banks what poweres do they have and what can they force the bank to do for us.

Peter

[Peterbard]

Hi

Regarding the cca i know that the FSA have been regulating new insurances for some time now but as far as the cca is concerned as far as i can see is the only tie in is when an overdraft is opperating as a multi agreement which is controlled by the cca but the main account is overseen by the fsa.

 

Peter

[Peterbard]

hI pam I have a copy of the orriginal 1983 regs unfortunately it is a hard copy i have copied the relevant bit it is back in this thread It is Page 4936 of Si1983/1553 paragraph 4. I will try and scan it in because i know you wont believe me.

 

As to my earlier posting . No i hadn't had a drink mores the pitty.

I "simply" ansewered a query about section 74 and how it relates to credit cards answer it doesn't

 

 

Peter

[Peterbard]

Originally Posted by InKogneeToh

Thanks Tam, I will have to order a copy. Peter keeps throwing me red herrings! :grin:

 

Regards, Pam

Sorry no red herrings itis quite clear bothin Si2004/1482 and the orriginal you keep refring to SI 1983 1553.

Go on get it over with just admit i am right you know you will feel better.

Petr

[Peterbard]

Pam

 

Arrrrrrgh

It was a typo it should read consumer credit agreements as it does in the book.

Pam i only have a little hair left and i have just pulled out a hand full. I bet you like pulling the legs off spiders.

 

Peter

[Peterbard]

Pam

How is the petition doing opps sorry mods!! i went off thread for a minute.I was talking about the petition to stop the bailiffs having the power to break into peoples homes over civil debts and forceably restrain them.you know the one here http://www.consumeractiongroup.co.uk/forum/bailiffs/61524-we-can-make-difference.html

Wont happen again

 

peter

[Peterbard]

Will someone please tell Uniboy that credit cards are 78 not 77?

vbrep_register("542298")

PIcky

peter

[Peterbard]

Sorry M55, it's no excuse, but I have a lot going on at the mo - just revisin for some work-related exams which are soooooo hard plus all this going on.....please forgive me!! lol

 

See Pam that is how a man appologises when they are wrong. Not sure it applies to ladies but you could give it a go.

 

Peter

[Peterbard]

d'ont you meanpeter Bard ofr histypingg shoorly?

 

hi

Therie s nothing wrong with my typing i have jus inherited a dislexic computer.

 

Peter

[Peterbard]

HI Girls

Ganging up hey

 

Tam what are you doing don't let them drag you over to the dark side.

 

As for my tying i am quite willing to agree the ladies are better typists than men, you see the problem is that mens brains work so fast that their fingers can't keep up women don't have that problem.

 

Peter

[Peterbard]

HI

 

I don,t men it realy i think women are marvelous and in the words of Mary Popiins "practically perfect in evry way."Besides the wife has just seen my posts so it's cerial for breakfast for the nest week .

 

Peter

[Peterbard]

Hi M55

Read Before Posting act of CCA 2006

 

I think you will find that this was ammended in regulations.

 

Peter

[Peterbard]

hi

[Peterbard]

I've just received a final response letter with a copy of an agreement from a bank I sent a s77 request to who are guilty of a criminal offence, the 2+12+month expiring in December. However, they've sent an agreement for an old closed account & not for the account I sent the request for on top of which that agreement has no signature boxes (indicated they're on reverse along with more T&Cs but no copy of the reverse)

 

Hi

The bad news is that banks do not have to reply to a cca 77 request as they are not regulated by the CCA 1974. If you have an overdraft then that is regulated but they do not have to send an agreement due to section 74 .

 

Peter

[Peterbard]

Ho

Yes if it is bank loan it is covered i thought it was just a current account which isn't

Peter

[Peterbard]

Just had a look at the thread.

 

He cannot remember signing an agreement is he sure it wasn't an agreed overdraft?

 

Peter

[Peterbard]

Hi Pam

 

Déjà-vu

Peter

[Peterbard]

Hi

Firstly, i don't check my inbox for a few hours and find al you girls picking on me, do i gather i am being accused of being pretsentious moi, never. Well it's OK i can take it.

 

I thought the letter posted was very intresting in number of ways i was gratified that it confirmes my previous assetion earlier in this thread;

 

If a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes an offence. We understand your concerns in this matter but please do remember however that once the creditor/owner complies with the request albeit out of time, he may once again enforce the agreement.

I can't remember who it was that disagreed on this point,not that it matters as long as it's clear.

The rest is a welcome confirmation of what was said in the letter i posted from the dti a little while ago.

Notice the obliqe reference to the none enforceability issue ie section 127 section3-5 in: "As the law stands currently" obviosly refering to the repaels of these sections in April of this year.

 

Peter

[Peterbard]

Hi Alan

Firstly, whatever the situation, you almost certainly have a contract under the terms of the CCA - what is in dispute is whether the agreement is valid.

If you don’t have a properly executed agreement there is no contract, hence the term pre-contractual for unexecuted contracts.

This point is important as I have seen people questioning, in court paperwork, whether a contract actually exists.

I understand what you are trying to say but the fact is that if the agreement is not executed correctly (i.e. all the pre-contractual procedures are met in form and content etc.) there is no contract,

In Law of course the two terms are often interchangeable.

Definition Agreement

1) n. any meeting of the minds, even without legal obligation. 2) in law, another name for a contract including all the elements of a legal contract: offer, acceptance, and consideration (payment or performance), based on specific terms

After a further one month, they have committed an offence and would need to get leave from a court to enforce their rights under the contract.

I am afraid I am with the OFT on this one I do not see why the creditor would need leave from anyone to enforce the agreement after the default by them had been remedied.

The offence is a criminal matter and would have to be pursued through the Crown Prosecution Service the creditor would then become the defendant and the prosecution would represent (Regina) the Queen. The defendant would then be given his right to defend himself in court and then if found guilty the criminal court would impose the sentence none of this would effect the civil proceedings concerning the agreement.

Although a District Judge can sit in both criminal and civil courts the judge would not be able to give a criminal verdict during a civil case as this would violate the defendant’s rights to a fair trial.

Regards

Peter

[Peterbard]

Hi PPPPam

 

Just thought i would say hello and point out that the credit card agreemnts you are discussing are regulated by the distance marketing regulations and the precontractual requirements and regulations are quite different.

 

PPPeter

[Peterbard]

Hi Pam

I supose your going to get the rest of the sewing circle on me but here goes. The regulations work by modifying the legislation by virtue of section 60.

 

Peter

[Peterbard]

Hi Alanfromderby

 

The CCa is quite clear on the sublect of the continued unenforceability of a request as is the OFT once the default is remedied the default is removed and the agreement can be enforced the criiminal offence ellement is an entirely different matter.

 

Peter