Mr HelzPeanut Vs Moorcroft

[rippedoffagain]

If they have failed to supply copy agreement, as requested, after 12 working days they are in default, and can not enforce. The fact that they have told you no agreement exists, means that they can never comply, and therefore can not enforce.

 

Consumer Credit Act 1974 s78

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement; and

 

(b) if the default continues for one month he commits an offence.

[rippedoffagain]

I don't think so.

 

Dear Moorcroft

 

As in your previous correspondence, you have stated that due to the age of the account, there is no agreement.

 

I would refer you to section 78 of The Consumer Credit Act 1974.

 

78 Duty to give information to debtor under running-account credit agreement

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a) the state of the account, and

 

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

 

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

 

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

 

(a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement; and

 

(b) if the default continues for one month he commits an offence.

 

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement.

 

As no agreement exists, you may not take enforcement action.

 

P.S. I would recommend you read;http://www.consumeractiongroup.co.uk/forum/legalities/25668-curious-twist-two-cca.html

[rippedoffagain]

Waffle.

 

All you are asking for is a copy of the executed agreement, until they provide that, you should not correspond with them.

[rippedoffagain]

can i just ask, if it DOES go to court, do i appear in court? or is it all paperwork? is no cca compliance a good enough defence? sorry court totally panics me

 

If you don't appear, your case will lose a lot of credibility

 

Don't get the wrong idea about court.

 

You are not on trial. It usually takes place in a nice relaxed atmosphere, the judge listens to arguments and reads documents, he/she then makes a decision. No black caps, no policemen. The judge is only there to act as a referee.

 

You can take a friend with you, or look at the buddy system on this site.

 

If you don't fight, you can't win.