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yup Pt2537 is here now too

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  • Re: yup Pt2537 is here now too

    Originally posted by Ihaterbs View Post
    Peter

    The amount of credit is a prescribed term in a fixed sum loan as you know.

    Could the creditor get away with stating: -

    Amount of credit - A: repayment of previous loan £5k plus B: repayment of overdraft = £4K without actually stating the combined amount as a figure?

    Hi
    As far as breaching section 127(3) goes no I am afraid it wouldn’t,
    The requirements of this section are very basic the prescribed term just says “a term representing credit” not amount of credit unfortunately.
    It would possibly breach schedule 1 where the creditor is requird to give he amount but imo this would be a very minor breach.
    peter

    Comment


    • Re: yup Pt2537 is here now too

      Originally posted by peterbard View Post
      Hi
      As far as breaching section 127(3) goes no I am afraid it wouldn’t,
      The requirements of this section are very basic the prescribed term just says “a term representing credit” not amount of credit unfortunately.
      It would possibly breach schedule 1 where the creditor is requird to give he amount but imo this would be a very minor breach.
      peter
      Peter

      Schedule 6 explicitly states: a term stating the amount of the credit.

      Comment


      • Re: yup Pt2537 is here now too

        Originally posted by Ihaterbs View Post
        Peter

        Schedule 6 explicitly states: a term stating the amount of the credit.
        hi
        yes as i said

        A term can be a + b

        If it had just said the amount you would be laughing

        peter

        Comment


        • Re: yup Pt2537 is here now too

          Originally posted by peterbard View Post
          hi
          yes as i said

          A term can be a + b

          If it had just said the amount you would be laughing

          peter
          The amount of credit doesn't then need to be stated as an whole aggregated amount to satisfy schedule 6.

          Comment


          • Re: yup Pt2537 is here now too

            No it doesnt

            Comment


            • Re: yup Pt2537 is here now too

              Originally posted by pt2537 View Post
              That seems to be the general rules , certainly with the secret commission's, if you dont pay the broker or agent you can hardly complain that he got paid elsewhere,

              however, there are also issues surrounding if the commission is a charge for credit and should it be recorded on the agreement

              these are two separate issues,
              Mine was the typical Egg loan as described by Militantcustomer, where the PPI premium was loaded with the credit and APR paid on both. 'cept in my case Egg consolidated it all into a Top Up. Does that make it "commission is a charge for credit and should it be recorded on the agreement"?
              I think it does or am I missing the point?

              Comment


              • Re: yup Pt2537 is here now too

                Part of judgment posted in CCA forum, rest in VIP Case Law until confirmed.
                #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


                • Re: Alexandra Slater v Egg Banking Plc August 9th 2010

                  http://www.consumeractiongroup.co.uk...=1#post3110363

                  Well, I hope that you are satisfied Peter!

                  What is it that you want?

                  The gold star;
                  the medal or;
                  quadruple green shield stamps?

                  Comment


                  • Re: Alexandra Slater v Egg Banking Plc August 9th 2010

                    Originally posted by Angry Cat View Post
                    http://www.consumeractiongroup.co.uk...=1#post3110363

                    Well, I hope that you are satisfied Peter!

                    What is it that you want?

                    The gold star;
                    the medal or;
                    quadruple green shield stamps?
                    You know you wouldd think it was my fault that this missbgotten action took place all i did was try and warn people about it, Now i am getting stick for being correct, if you dont want me to comment on this then my advice is to shut up about it, personally i am sick of the whole thing.

                    Peter

                    Comment


                    • Re: Alexandra Slater v Egg Banking Plc August 9th 2010

                      Agree with Guido. Please can we concentrate on the recent round of judgments and helping people with their next steps. Fighting never does anyone any good, I should know lol.
                      #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


                      • Re: Alexandra Slater v Egg Banking Plc August 9th 2010

                        Originally posted by peterbard View Post
                        You know you wouldd think it was my fault that this missbgotten action took place all i did was try and warn people about it, Now i am getting stick for being correct, if you dont want me to comment on this then my advice is to shut up about it, personally i am sick of the whole thing.

                        Peter
                        Well, if you could just shut up about the matter, that would be helpful!

                        Comment


                        • Re: Alexandra Slater v Egg Banking Plc August 9th 2010

                          Originally posted by Angry Cat View Post
                          Well, if you could just shut up about the matter, that would be helpful!
                          You certainly are a very angry cat indeed.

                          I also have debt the size of a small moon...wait that's no moon! Its a battle station.

                          Lets see what can be done to continue our common war with Egg. I, for one, was grateful to this site for warning me of the judgement in Slater as I was about to write to the FOS with the precribed terms argument. It was timely, I am now left with PPI and mis-selling and a dodgy default that shouldn't be there

                          Egg are sheisters and many people will find something to dispute with them other than the Slater issues. For instance, Egg sent me a kosher Top Up CCA and refused to send me a copy of my closed CCa and card. When I eventually got these after a battle royal it transpired there was PPI flogged with them and this gave me more to use.

                          So keep the faith. Cases come and go. There will be others.

                          Comment


                          • Re: Alexandra Slater v Egg Banking Plc August 9th 2010

                            Originally posted by The Debt Star View Post
                            You certainly are a very angry cat indeed.

                            I also have debt the size of a small moon...wait that's no moon! Its a battle station.

                            Lets see what can be done to continue our common war with Egg. I, for one, was grateful to this site for warning me of the judgement in Slater as I was about to write to the FOS with the precribed terms argument. It was timely, I am now left with PPI and mis-selling and a dodgy default that shouldn't be there

                            Egg are sheisters and many people will find something to dispute with them other than the Slater issues. For instance, Egg sent me a kosher Top Up CCA and refused to send me a copy of my closed CCa and card. When I eventually got these after a battle royal it transpired there was PPI flogged with them and this gave me more to use.

                            So keep the faith. Cases come and go. There will be others.
                            Not always Angry, Debt Star.

                            But, in relation to EGG, yes I am...what a merry dance they have led me (others too)

                            Mis-sold PPI and the 'Unfair Relationships Test, will now be the way to go.

                            Other matters also, but dependant on each end every different case.

                            Comment


                            • Re: Alexandra Slater v Egg Banking Plc August 9th 2010

                              And as a result from PT [posted on CAG]


                              Re: Egg Banking Plc

                              1) The draft judgment was handed to us, yes,

                              2) the APPROVED judgment arrived at my office on FRIDAY, when i did say that i would provide it elsewhere on TUESDAY when i was back in the office.

                              Climb down off your high horse peter,

                              Yes we took the case to court, yes we lost, it is unfortunate, but i did invite you to attend, had you done so you would know the full story,

                              Im sick of trying to explain to someone who wont listen,

                              Enjoy your life, im finished and outta here and all other forums

                              Comment


                              • Re: Alexandra Slater v Egg Banking Plc August 9th 2010

                                Originally posted by peterbard View Post
                                You know you wouldd think it was my fault that this missbgotten action took place all i did was try and warn people about it, Now i am getting stick for being correct, if you dont want me to comment on this then my advice is to shut up about it, personally i am sick of the whole thing.

                                Peter
                                Peter

                                A big pat on the back from me. You advised at the outset that the case was flawed and you've been proved correct.

                                Comment

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