• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

help needed please - application form as CCA sec 77 ?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #46
    Thanks Ame,

    Might see you over the road fishing, left a couple of threads for advise, seems there have been a few cases where the creditor has pulled out of the case, because of this

    If they do consider pulling out. then I should write to them and make a full and much reduced final settlement offer to them to get rid of these deporable pratts for good.

    Sorry, I keep having these low moments and read posts and feel a little better

    Your help and support really boosts me:o

    Comment


    • #47
      Originally posted by hellhasnofury View Post
      Hello fed,

      So nice of you to offer your support to me. and so glad you have come over here

      I still have to send my defence in, and the days are going fast. Ame has been terrific in her guidence, information and support. I think if she wasn't here to help, I would have handed myself into the police station by now.

      Can you tell me what you put in you defence? and what the court said?

      I am still waiting for replies back from restons and hfc, but still think I will have to submit the defence.

      1st defence no ca and wish to submited another defence if needs to

      2nd defence collection charge.

      I is still very daunting and my confidence is waning, but I have to try
      Hi Hell,

      If you have a look at my thread on CAG (Ame posted the link on this thread yesterday), you can find my defence posted there. You'll have to amend yours though to include the CCA bit. When my court claim was issued, I didn't really know about HFC needing to supply a copy of the CCA, so didn't request it from them or mention it in my defence.

      Keep your spirits up - I know it's really really daunting at times, but when I'm feeling low about my debts, a good read of the forums, and being reminded that I actually do have rights, really helps me.

      To be honest, now that I have this CCJ from HFC, it's actually quite good, as they are no longer sending me threat after threat letters - I pay my installment each month, and never hear anything from them. If only all of my other creditors were the same! So in my opinion, going to court could turn out the best thing for you.

      Speak to you soon,
      xx

      Comment


      • #48
        Yep I agree with you - I have a CCJ and charging order hanging over me but I get no contact from them at all, and I pay an amount I can afford happily each month.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #49
          Hell - HFC don't tend to pull out so don't pin your hopes on it....Kotum is in a very similar position so have a read of her thread over there.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #50
            Originally posted by Amethyst View Post
            Hell - HFC don't tend to pull out so don't pin your hopes on it....Kotum is in a very similar position so have a read of her thread over there.
            Thanks to both of you for your support, it is much appreciated to know that I am not alone with this.

            The worse that can happen is a charging order and a ccj and pay them what I am paying now.

            The best is that they withdraw from the court and write the debt off

            I don't hold out much hope for the best one, but I am going for it

            Comment


            • #51
              Here a draft of the defence I am going to send in.

              I am unsure re the compliance to section 77 of the cca as I think went the sent me the application form it counts as compliance

              Comments please


              1. This Defence is filed and served without prejudice to the right of the Defendant to apply for summary judgment in respect of and/or to strike out the Particulars of Claim.

              2. The defendant wrote to the claimant on 11th April 2007 enclosing a statutory £1 fee to request a signed copy of the agreement, under section 77-79 of the Consumer Credit Act 1974. (Appendix 1)

              3. In response to the defendants request under section 77-79 of the Consumer Credit Act 1974. The claimant returned to the defendant a copy of a pre-contractual application form presented here (Appendix 2)

              4 This pre-contractual document does not contain any of the prescribed terms under schedule (6) OF WHAT DOCUMENT????:
              • amount of credit – see Q8.4
              • credit limit – see Q8.5
              • rate of interest – see Q8.6
              • repayments – see Q8.9.

              5. The credit agreement should be a true copy of the signed executed agreement as stipulated in Consumer Credit Act 1974(section 77), therefore must be identical to the original.

              6. Agreement regulations 1553 via CCA1974( section 60(1) alone renders the agreement unenforceable without the order of the court CCA 1974(section65), as it is improperly executed as per CCA 1974,section 61(a).

              7. More importantly any agreement not complying with the CCA 1974 section 61(a)via CCA 1974 section 65 if not containing the debtors signature and prescribed terms is unenforceable the CCA 1974 as per section127(3).


              8.The Defendant further requested on the 2nd June 2007 that the Claimant supply the defendant with a copy of the original credit agreement. This request has not been addressed by the claimant.

              9. The Consumer Credit Act 1974 (Sections 77−79) state clearly that the claimant has 12 days to fulfill the request after which the claimant is in default. After a further calendar month the debt becomes unenforceable. These time limits expired on 2nd May and 2nd June 2007.

              10. . By failing to comply within the specified prescribed time the claimant has committed a criminal offence.

              11. The Defendant would further request via the court for the Claimant to remedy this by presenting the defendant with a copy of the original credit agreement. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the Court for an Order striking out the Particulars of Claim.

              12. The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant produces the original agreement. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.


              Comment


              • #52
                Hi hell, just a bit of reassurance - I'm reading through and amending this now for you.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #53
                  1. This Defence is filed and served without prejudice to the right of the Defendant to apply for summary judgment in respect of and/or to strike out the Particulars of Claim.

                  2. The defendant wrote to the claimant on 11th April 2007 enclosing a statutory £1 fee to request a signed copy of the agreement, under section 77-79 of the Consumer Credit Act 1974. (Appendix 1)

                  3. In response to the defendants request under section 77-79 of the Consumer Credit Act 1974. The claimant returned to the defendant a copy of a pre-contractual application form presented here (Appendix 2)

                  4 This pre-contractual document does not contain all of the prescribed terms under schedule (6) of the Consumer Credit Act 1974:

                  • amount of credit – see Q8.4 - do these relate to schedule 6 parts ? or the application form ?
                  • credit limit – see Q8.5
                  • rate of interest – see Q8.6
                  • repayments – see Q8.9.

                  5. The credit agreement should be a true copy of the signed executed agreement as stipulated in Consumer Credit Act 1974(section 77), therefore must be identical to the original.

                  6. Agreement regulations 1553 via CCA1974( section 60(1) alone renders the agreement unenforceable without the order of the court CCA 1974(section65), as it is improperly executed as per CCA 1974,section 61(a).

                  7. More importantly any agreement not complying with the CCA 1974 section 61(a)via CCA 1974 section 65 if not containing the debtors signature and prescribed terms is unenforceable the CCA 1974 as per section127(3).


                  8.The Defendant further requested on the 2nd June 2007 that the Claimant supply the defendant with a copy of the original credit agreement. This request has not been addressed by the claimant.

                  9. The Consumer Credit Act 1974 (Sections 77−79) state clearly that the claimant has 12 days to fulfill the request after which the claimant is in default. After a further calendar month the debt becomes unenforceable. These time limits expired on 2nd May 2007 and 2nd June 2007.

                  10. . By failing to comply within the specified prescribed time the claimant has committed a criminal offence.

                  11. The Defendant would further request via the court for the Claimant to remedy this by presenting the defendant with a copy of the original credit agreement. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the Court for an Order striking out the Particulars of Claim.

                  12. The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant produces the original agreement. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.








                  Thats really good hell. Well done you.

                  You dont have a link to schedule 6 online do you per chance ?
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #54
                    Originally posted by Amethyst View Post
                    Hi hell, just a bit of reassurance - I'm reading through and amending this now for you.
                    Thanks Ameythst, I thought everbody believe me to be a spy from the other side and had put me to coventry I'm not just scared I'm paranoid:o

                    Comment


                    • #55
                      Originally posted by Amethyst View Post
                      1. This Defence is filed and served without prejudice to the right of the Defendant to apply for summary judgment in respect of and/or to strike out the Particulars of Claim.

                      2. The defendant wrote to the claimant on 11th April 2007 enclosing a statutory £1 fee to request a signed copy of the agreement, under section 77-79 of the Consumer Credit Act 1974. (Appendix 1)

                      3. In response to the defendants request under section 77-79 of the Consumer Credit Act 1974. The claimant returned to the defendant a copy of a pre-contractual application form presented here (Appendix 2)

                      4 This pre-contractual document does not contain all of the prescribed terms under schedule (6) of the Consumer Credit Act 1974:

                      • amount of credit – see Q8.4 - do these relate to schedule 6 parts ? or the application form ?
                      • credit limit – see Q8.5
                      • rate of interest – see Q8.6
                      • repayments – see Q8.9.

                      5. The credit agreement should be a true copy of the signed executed agreement as stipulated in Consumer Credit Act 1974(section 77), therefore must be identical to the original.

                      6. Agreement regulations 1553 via CCA1974( section 60(1) alone renders the agreement unenforceable without the order of the court CCA 1974(section65), as it is improperly executed as per CCA 1974,section 61(a).

                      7. More importantly any agreement not complying with the CCA 1974 section 61(a)via CCA 1974 section 65 if not containing the debtors signature and prescribed terms is unenforceable the CCA 1974 as per section127(3).


                      8.The Defendant further requested on the 2nd June 2007 that the Claimant supply the defendant with a copy of the original credit agreement. This request has not been addressed by the claimant.

                      9. The Consumer Credit Act 1974 (Sections 77−79) state clearly that the claimant has 12 days to fulfill the request after which the claimant is in default. After a further calendar month the debt becomes unenforceable. These time limits expired on 2nd May 2007 and 2nd June 2007.

                      10. . By failing to comply within the specified prescribed time the claimant has committed a criminal offence.

                      11. The Defendant would further request via the court for the Claimant to remedy this by presenting the defendant with a copy of the original credit agreement. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the Court for an Order striking out the Particulars of Claim.

                      12. The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant produces the original agreement. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.








                      Thats really good hell. Well done you.

                      You dont have a link to schedule 6 online do you per chance ?
                      I don't what schedule 6 is incorparated in the cca or the guidelines????????

                      Also reading between the lines the bit about the non compliance of the 77-78. I think the fact that they sent me the application form they did comply, but maybe need to quote something regarding them misleading me into to thinking it was a ca????????

                      Really fedup with it now and my head is spinning and no its not the drink, it the lack of it. I am on call tonight.:rolleyes:

                      Again thanks for being there i truely appreciate you help and support.

                      Comment


                      • #56
                        Hello Amey,

                        I found this on the oft website


                        the statement issued by the OFT on the 21st May 2007.

                        Some of the fitness issues taken into account when revoking and refusing licences during this period included acts of physical violence, fraud, causing grievous bodily harm and obtaining property by deception, and breaches of the Consumer Credit Act.

                        In considering fitness, the OFT takes into account a number of factors carried out by the business or anyone involved in running the business including:
                        any offence or conviction of violence or dishonesty

                        failure to comply with the provisions of the Consumer Credit Act or other consumer protection legislation
                        consumer complaints
                        evidence of unfair business practices
                        evidence of discrimination on grounds of sex, colour, race or ethic/national origin.

                        Watda ya think????? Should I sent a letter to the oft re this????????????????

                        I know the oft are a bit wishywashy but in court I could said that I had contacted them regarding this most serious issue and by the time court comes I may have a response
                        Last edited by hellhasnofury; 16th June 2007, 18:25:PM.

                        Comment


                        • #57
                          Hiya Hell!

                          Just to let you know I'm still here and thinking about you

                          Ame is really the best to sort out your defence with you - she's such a fountain of knowledge, and sorted mine out for me a treat!

                          Keep on going!

                          ((Huge hugs))

                          Fed
                          xxx

                          Comment


                          • #58
                            Schedule 6 to the Consumer Credit (Agreements) Regulations 1983


                            21. The Consumer Credit (Agreements) Regulations 1983 SI 1983 No.1553 made under s.60 lay down in detail what information is to be contained in a regulated agreement and, in some cases, the form it should take. Schedule 1 specifies the information to be given in the various types of agreement with which the Act is concerned. Some, but not all, of that information is prescribed by Regulation 6 for the purposes of s.61(1)(a). In the case of this agreement prescribed information includes (Schedule 6 para 2) "a term stating the amount of the credit". It is accepted that the reference in the agreement to "loan" both in the box and in the body of the document is a sufficient reference to credit. But the amount of the credit is not properly shown because the figure should be �5,000 not �5,250. It must follow, and I accept, that the agreement was not properly executed (s.61(1)(a)) and could only be enforced by an order of the court under s.65.
                            from the wilson v first case - draft here This is a draft of the judgment to be handed down on ––––– 2000 at ––––– a.m. in Court No –––––. It is confidential to Counsel and Solicitors, but the substance may be communicated to clients not more than one hour before the giving of judgment. The

                            bear with me lol
                            Last edited by Amethyst; 16th June 2007, 19:09:PM.
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #59
                              Bear with you, I am standing to attention how good are you to me

                              Comment


                              • #60
                                Well I cetainly don't think you are a spy Hell, I've seen some of your posts on PPI and as I said on your arrival here, well admire you for that.
                                I didn't know how much you had going on in your life, especially with this. I can't help you with this I haven't a clue, but I will say good luck with it, although looks like you are in good hands and on top of things
                                I can say though, when you are feeling a bit naffed off and want to pack it all in, I am here for a bit of light banter and you can give me ears a bashing I don't mind. All the best Enaid.

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X