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Re: Can ANYBODY HELP, Unregulated but stated regulated 2007 morgage agreement clam
Okay; I am going to have to do this over several days.
Check all documents carefully. TMB didn't give me all the docs in SAR so check all off against your own. DPA issue
1. Request TMB supply all Data Under SAR request
2. With a credit agreement CCA regulated you must first be given a consideration copy in advance of the executed credit agreement so that you have at least 7 days to consider the contents. This is were TMB has not complied with legislation in my case. This must be wide spread as I have 4 other friends in the same position, 2 in financial difficulties, 2 happy to pay for the next while. I have seen 2 other agreement s which prima facie do not seem to conform. Sections 58 and 61 of the Consumer Credit Act 1974 cover the statutory requirements. There is also stated case on same. Again I will post the 7 relevant stated cases later. There are 2 parts pre Apr 07 court cannot make an order ......section 127(3)... after Apr 07 before April 08 court must make an order.
3. Default Notices. Before entitled to repossession must have been served in accordance with S87 &88 Cca 74. In my case they got their dates wrong so in effect there was no service.
4. Total Charge for Credit , not correct. 129.50 on my executed agreement 6342 on consideration copy
5. Requirements for total amount of credit not stated in executed credit agreement . Yes credit limit is stated but statue requires total amount of credit to be stated section and stated case to follow
6. RE recievers think you will find its in the agreement that they can only enforce with a court order
Some info for now
Okay; I am going to have to do this over several days.
Check all documents carefully. TMB didn't give me all the docs in SAR so check all off against your own. DPA issue
1. Request TMB supply all Data Under SAR request
2. With a credit agreement CCA regulated you must first be given a consideration copy in advance of the executed credit agreement so that you have at least 7 days to consider the contents. This is were TMB has not complied with legislation in my case. This must be wide spread as I have 4 other friends in the same position, 2 in financial difficulties, 2 happy to pay for the next while. I have seen 2 other agreement s which prima facie do not seem to conform. Sections 58 and 61 of the Consumer Credit Act 1974 cover the statutory requirements. There is also stated case on same. Again I will post the 7 relevant stated cases later. There are 2 parts pre Apr 07 court cannot make an order ......section 127(3)... after Apr 07 before April 08 court must make an order.
3. Default Notices. Before entitled to repossession must have been served in accordance with S87 &88 Cca 74. In my case they got their dates wrong so in effect there was no service.
4. Total Charge for Credit , not correct. 129.50 on my executed agreement 6342 on consideration copy
5. Requirements for total amount of credit not stated in executed credit agreement . Yes credit limit is stated but statue requires total amount of credit to be stated section and stated case to follow
6. RE recievers think you will find its in the agreement that they can only enforce with a court order
Some info for now
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