CC agreement Blank space

[mystery1]

Re: CC agreement Blank space

If you read Carey and McGuffick you will see the answer is yes.

The copy has to be honest and accurate but does not have to look like the original. Spelling mistakes and punctuation mistakes etc are de minimis.

A copy under s77/8/9 can only ever be unenforceable under these same sections which is curable if the original was indeed enforceable (or the copy would not be honest and accurate). They can however lead you to discover unenforceability under s127 (3) or (4) but that unenforceability must have been there whether or not you requested a copy under s77/8/9.

Proving honesty or dishonesty would rely on memory or your own records and these would have to be sufficiently good to convince a court.

M1

[FlamingParrot]

Re: CC agreement Blank space

Thanks for clarifying that point, M1. So s.127 doesn't really belong in the letter disputing an account due to non-compliance with s.77-79, does it? However, the account is still UE as long as they haven't satisfied your request, is that correct? Once they do, it all depends on what they send in response, it may or may not be UE under s.127 depending on whether all the prescribed terms are there.

[mystery1]

Re: CC agreement Blank space

So s.127 doesn't really belong in the letter disputing an account due to non-compliance with s.77-79, does it?

Correct.

However, the account is still UE as long as they haven't satisfied your request, is that correct?

Correct.

Once they do, it all depends on what they send in response,

Yes. Either it complies with the copy rules and s77/8/9 or it doesn't. It can be fixed if it's fixable.

it may or may not be UE under s.127 depending on whether all the prescribed terms are there.

On the original agreement, yes.

M1

[jon1965]

Re: CC agreement Blank space

One last question
A CCA requests requires
A copy of the agreement (recon or otherwise)
A copy of T&C's at inception (do these have to be referenced in the agreement)?
A copy of T&C's at default or current(does it matter which)

Assuming that all are not provided together as per one of PT's posts then they are in default of the S77-79 is that right?

Obviously that might be an easy default to remedy

Finally total charge for credit on a credit card, when did that actually become needed. Maybe I should start a thread on this one .

[mystery1]

Re: CC agreement Blank space

A copy of T&C's at inception (do these have to be referenced in the agreement)?

Not for s77/8/9 but they do for 127(3) etc

A copy of T&C's at default or current(does it matter which)

Default date is not relevant for s77/8/9. Current only if the original has been varied which if a c/c it will have.

Assuming that all are not provided together as per one of PT's posts then they are in default of the S77-79 is that right?

HFO CAPITAL V ROBINSON JUDGEMENT (1).pdf

Finally total charge for credit on a credit card, when did that actually become needed. Maybe I should start a thread on this one .

It's not a prescribed term and thus doesn't affect unenforceability and would not be retrospective if it was brought in.

M1

[jon1965]

Re: CC agreement Blank space

Started a new thread
http://www.legalbeagles.info/forums/...937#post317937

Would love your input

[PlanB]

Re: CC agreement Blank space

So that's 10/10 for FP :clap2:

But only 2/10 for Jon msl:

[jon1965]

Re: CC agreement Blank space

And a smack on the backside for PlanB Why only 2/10?


M1, if they send T&C's at default then are you saying this doesn't comply with the request?

[FlamingParrot]

Re: CC agreement Blank space

So that's 10/10 for FP :clap2:
But only 2/10 for Jon msl:

And a smack on the backside for PlanB Why only 2/10?

...and only 0/10 for the author of the dispute letter in question! :okay: :lol: :lol:

[Boltmaker]

Re: CC agreement Blank space

Hi guys, glad to advise you that the latest DCA ( Lowells) who bought this account have written to say that they cannot proceed any further due to lack of original agreement so have closed the account and will not write to me further. No doubt another low life will pick it up and have another try. Thanks all for help and advice given, much appreciated

[PlanB]

Re: CC agreement Blank space

glad to advise you that the latest DCA ( Lowells) who bought this account have written to say that they cannot proceed any further due to lack of original agreement so have closed the account and will not write to me further.

Another one bites the dust :whoo::whoo::whoo:

Please will you make a formal written (email is ok) complaint to the OFT about Lowells' abuse because we're trying to get their Consumer Credit Licence revoked and every little helps :okay:

http://www.legalbeagles.info/forums/...853#post330853

[CleverClogs]

Re: CC agreement Blank space

Hi guys, glad to advise you that the latest DCA ( Lowells) who bought this account have written to say that they cannot proceed any further due to lack of original agreement so have closed the account and will not write to me further. No doubt another low life will pick it up and have another try.

Mucky Hall next?

[PlanB]

Re: CC agreement Blank space

Mucky Hall next?

That would be good because the OFT has already sanctioned Mackenzie Hall which would mean another consumer credit licence will be at risk :cheer2:

http://www.oft.gov.uk/news-and-updates/press/2009/44-09

[jon1965]

Re: CC agreement Blank space

Oh there is a long list...motormile finance must be up there

[fuzzybrain]

Re: CC agreement Blank space

Wow Lowells actually backed off - now that's a first!! Well done you xx