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  • #16
    ECHAT 11 States Reconstituted Agreement'.
    If it was before 2007, they have to provide a copy of the 'original'.

    Comment


    • #17
      There's a table on the forest page in one of them it says standard rate (variable) per annum (compounded)

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      • #18
        I've just seen in key financial information point 2.3 it says The APR for the agreement is 12.9% APR (variable)

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        • #19
          Originally posted by Deb Cowan View Post
          Hi, the reconstituted paperwork has arrived. What is it in looking for? Thank you
          Link in post 11, under heading 'copy agreement' - https://www.handbook.fca.org.uk/handbook/CONC/13.pdf

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          • #20
            Hi, I've read through this, I'm not sure PRA are compliant but I need more time to investigate and be sure. In the meantime though that may not be relevant as I have been informed (off memory from you) that as the credit agreement was signed prior to 2007 (2005) that a reconstituted agreement is insufficient to enforce the debt. If that's correct is there a case I can quote and how do you recommend I amend my defence into court (I'm aware of the need to complete an N244 but don't know what I need to say in that document)
            I'm really worried a time is running out quickly

            Thank you so much for all your help

            Comment


            • #21
              Originally posted by Deb Cowan View Post
              I've just seen in key financial information point 2.3 it says The APR for the agreement is 12.9% APR (variable)
              For example, you opened your account in 2005 the Term's and Condition's stated that the APR was 12.9%, they then 'varied' the Term's and Condition's in 2007, the new APR for the agreement is then 17.9%. That's what is meant by 'varied'.

              Can you upload the reconstituted agreement etc you have received, remove all personal details, use Imgur.

              Comment


              • #22
                Originally posted by Deb Cowan View Post
                Hi, I've read through this, I'm not sure PRA are compliant but I need more time to investigate and be sure. In the meantime though that may not be relevant as I have been informed (off memory from you) that as the credit agreement was signed prior to 2007 (2005) that a reconstituted agreement is insufficient to enforce the debt. If that's correct is there a case I can quote and how do you recommend I amend my defence into court (I'm aware of the need to complete an N244 but don't know what I need to say in that document)
                I'm really worried a time is running out quickly

                Thank you so much for all your help
                Celestine, Can you please take a look.

                Comment


                • #23
                  The case was Carey v HSBC https://legalbeagles.info/carey-v-hs...december-2009/

                  The case allowed banks to supply reconstituted agreements but did not apply retrospectively so older agreements had to be a 'true copy'. However, I'm increasingly seeing this ignored by creditors and even Judges, so proceed cautiously. It would strengthen your argument hugely if you could also challenge the legitimacy of the reconstituted agreement. For example, if you recall there being an introductory 0% rate and that is not shown on their supplied recon, you can then argue that, even if a recon IS acceptable, this one is not showing T&Cs that applied to your account. That would really undermine their case.
                  "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                  I am proud to have co-founded LegalBeagles in 2007

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                  Comment


                  • #24
                    Please see attached copy of reconstituted agreement, what do I need to say to challange this in court and what will I write in my defence submission? Should PRA have supplied me all of the years changes to the base rate and charges to legitimise the document? Finally, (sorry to be a pain, but I'm getting close to court date now) as I already have a court date and filed my defence, is it correct, the only way I can admit this extra evidence is by completing an N244 and paying the appropriate fee? Is there a legal person at Legal Beagles I could discuss this with in the phone, I appreciate this may incur costs. Thank you for all your help
                    Attached Files
                    Last edited by Deb Cowan; 5th April 2022, 20:00:PM.

                    Comment


                    • #25
                      Originally posted by Deb Cowan View Post
                      Please see attached copy of reconstituted agreement, what do I need to say to challange this in court and what will I write in my defence submission? Should PRA have supplied me all of the years changes to the base rate and charges to legitimise the document? Finally, (sorry to be a pain, but I'm getting close to court date now) as I already have a court date and filed my defence, is it correct, the only way I can admit this extra evidence is by completing an N244 and paying the appropriate fee? Is there a legal person at Legal Beagles I could discuss this with in the phone, I appreciate this may incur costs. Thank you for all your help
                      Can you remove your personal details / account details before uploading.

                      Celestine

                      Comment


                      • #26
                        Oh sorry, I didn't think, I'm so stressed ! How can I delete it?

                        Comment


                        • #27
                          Originally posted by Deb Cowan View Post
                          Oh sorry, I didn't think, I'm so stressed ! How can I delete it?
                          On the left you see the thumps up icon, follow that to 'Edit', click that, you should be able to delete, then repost with redacted details. Try to 'clam' down.

                          Comment


                          • #28
                            Do you need anything else from the reconstituted agreement? It's pages long!

                            Comment


                            • #29
                              Originally posted by Deb Cowan View Post
                              Do you need anything else from the reconstituted agreement? It's pages long!
                              I would post everything.

                              Comment


                              • #30
                                As well as seeing the remainder of the agreement, please let me see the footer of the main recon agreement. Sometimes the date of issue is held in the small text at the bottom of each page.

                                We can also look up 2005 Halifax credit card T&Cs on the WayBack Machine.

                                http://web.archive.org/web/200502040...intsrc=promo1A

                                As an example a Halifax One Credit Card had an APR of 9.9% in 2005......

                                "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                                I am proud to have co-founded LegalBeagles in 2007

                                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                                If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                                Comment

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