is this cca correct

[paul01609]

just got a reply from my edge card so i thought one of you good peeps would take alook see if its ok,on the front its got pages 1 of 2 but no page 2 sent many thx paul

img001.pdf

Edited February 26, 2010 by paul01609

[debt4get]

paul it is far too small to read

[ozzywizard]

Paul try to upload to here then paste the link on your thread . Alternative if you have a photobucket account this will do great .

[paul01609]

sorry guys didnt relise it was small when looking on a 100" screen lol

[cerberusalert]

I can't see any right to cancel. Was it signed at home or in-store?

[paul01609]

im shure it was done at home

[paul01609]

yes it defo was done at home im 100% shure,its a instore card and you could draw money off it,i rember getting a buy now pay 9 months later on a item off the internet then reciving the card i n the post

[cerberusalert]

If the right to cancel isn't on there it doesn't contain all the prescribed terms.

[paul01609]

could that be on page 2 which i have not been sent?

[cerberusalert]

If they haven't sent page two they haven't full complied with the CCA 1974 request and you can dispute the a/c until they do.

[paul01609]

many thx m8 will get a letter fired off on monday,or do i still need to wait the 12+2 days,my cca letter was sent on monday and recived the cca request today

[cerberusalert]

You might as well send it now, by the time they receive and ignore it the time will be up.

[paul01609]

thx m8 i just hope they stop adding charges asked them if it was ok to pay £1 per month nope not good enuff till i send in bank statments

[cerberusalert]

They are not entitled to see your bank statements, nor a I&E form. Until they produce an enforceable CCA which contains all the prescribed terms the alleged debt is unenforceable.

[cerberusalert]

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account. The document sent purporting to be a credit agreement does not contain all of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say not all of the terms are present in the document.

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign

[paul01609]

many thx m8 you guys are stars

[paul01609]

i had a account in despuit with santander who the passed it on to howard cohen,just recived court papers whats the best way for me to deal with it,i dont want to have to take time off work i have just started for the company

[fuzzybobble]

Is it for a bank account or credit card? Also is most of the balance made up of bank charges?

[paul01609]

yes there is charges for late payments and it was for a edge store card,sent of for a cca and only half of the documents turned up,i was told on this forum it was unforcable because there was no right to cancel

[postggj]

How Is The Acount In Dispute With Santandar

[fuzzybobble]

Sounds like you need to provide a link to the original thread, then we can all get together and show you how to put a defence together. First thing to do is aknowledge the claim with the court, then this will give you the time you need to get the defence paperwork sorted out.

[42man]

May I ask what the particulars of the claim are ? (don't be too specific with dates/amounts etc...and it will definitely be worth reading this too - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[paul01609]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/249213-cca-correct.html many thx all for helping debating if to just pay £1 per month then go bankrupt

[maroondevo52]

Hi, paul01609.

 

I've merged your threads.

 

Regards.

 

Scott.

[paul01609]

many thx