Unenforceable debt?

[charitynjw]

Re: Unenforceable debt?

Credit limit
3. Agreements for running-account credit.	A term stating the credit limit or the manner in which it will be determined or that there is no credit limit.
Rate of interest
4. Agreements for—	A term stating the rate of any interest on the credit to be provided under the agreement.
(a) running-account credit; and
(b) fixed-sum credit falling within the exceptions in paragraph 9(a) to (c) of Schedule 1 to these Regulations.
Repayments
5. Consumer credit agreements.	A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—
(a) number of repayments;
(b) amount of repayments;
(c) frequency and timing of repayments;
(d) dates of repayments;
(e) the manner in which any of the above may be determined;
or in any other way, and any power of the creditor to vary what is payable.

SCHEDULE 6
PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(a) AND 127(3) OF THE CONSUMER CREDIT ACT 1974

The Consumer Credit (Agreements) Regulations 1983

http://www.legislation.gov.uk/uksi/1...chedule/6/made

[MIKE770]

Re: Unenforceable debt?

when you took out agreement did you have all the terms attached??????? as most in the pass they arrived with a card etc

[nemesis45]

Re: Unenforceable debt?

Sorry my original post was not clear. What I should have made clear was that I'm trying to ask if there are any "missing terms" not stating that there definitely are "missing terms", can you or anyone else point me in the direction of how I can establish if there are "missing terms" in my agreement?

If you check each and every paragraph /clause in the documents received you may find a note such as " Refer to your agreement for terms 1.2.3 or similar.

nem

[rt72]

Re: Unenforceable debt?

Credit limit
3. Agreements for running-account credit.	A term stating the credit limit or the manner in which it will be determined or that there is no credit limit.
Rate of interest
4. Agreements for—	A term stating the rate of any interest on the credit to be provided under the agreement.
(a) running-account credit; and
(b) fixed-sum credit falling within the exceptions in paragraph 9(a) to (c) of Schedule 1 to these Regulations.
Repayments
5. Consumer credit agreements.	A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—
(a) number of repayments;
(b) amount of repayments;
(c) frequency and timing of repayments;
(d) dates of repayments;
(e) the manner in which any of the above may be determined;
or in any other way, and any power of the creditor to vary what is payable.

SCHEDULE 6
PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(a) AND 127(3) OF THE CONSUMER CREDIT ACT 1974

The Consumer Credit (Agreements) Regulations 1983

http://www.legislation.gov.uk/uksi/1...chedule/6/made

Thanks - See attached images - do they cover the prescribed items sufficiently?

[rt72]

Re: Unenforceable debt?

when you took out agreement did you have all the terms attached??????? as most in the pass they arrived with a card etc

I believe that the terms came separately with the card. The CCA refers to general terms - see attached image.

[charitynjw]

Re: Unenforceable debt?

Thanks - See attached images - do they cover the prescribed items sufficiently?

That would be for a judge to decide; my opinion would be that you would probably have a hard time convincing a judge that the terms were not compliant. (Presuming of course that they were accurate)

I believe that the terms came separately with the card. The CCA refers to general terms - see attached image.

Judge Waksman considered that to be acceptable......others (notably Bennion) disagree.

[rt72]

Re: Unenforceable debt?

That would be for a judge to decide; my opinion would be that you would probably have a hard time convincing a judge that the terms were not compliant. (Presuming of course that they were accurate)


Judge Waksman considered that to be acceptable......others (notably Bennion) disagree.

OK thank you that's helpful.