CC agreement Blank space

[dogtired]

Re: CC agreement Blank space

Deleted

[dogtired]

Re: CC agreement Blank space

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

They seem to have " ignored" this dont they?Seen that BB wants to organise a "mass" complaint about abuses by Lowell, hope it goes ahead and that it will include Mucky Hall.

[FlamingParrot]

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

That is excellent news! :cheer2::cheer2::cheer2:

It goes to show that it pays to challenge those DCAs to come up with the goods as soon as you hear from them, last week Cel managed to have a Lowells SD set aside :whoo: because they couldn't supply the required documents, yet they went on to issue one, hoping the OP wouldn't know what to do. :rant: It's always better to get them to show their hand before it reaches that stage. This isn't the first time Lowells have closed an account due to lack of an agreement when challenged to produce one! :grin:

They seem to have " ignored" this dont they?Seen that BB wants to organise a "mass" complaint about abuses by Lowell, hope it goes ahead and that it will include Mucky Hall.

That sounds like a great idea! :cancan:

[basa48]

Re: CC agreement Blank space

The actual para that defeats creditor enforcement is s65:

65Consequences of improper execution

(1) An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.

and then 127(3) which adds:

127Enforcement orders in cases of infringement

(3) The court shall not make an enforcement order under section 65(1)if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).


Sections 77-79 are ineffective in preventing enforcement since the creditor can satisfy those requirements by reconstituting an agreement.

[CleverClogs]

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Sections 77-79 are ineffective in preventing enforcement since the creditor can satisfy those requirements by reconstituting an agreement.

But yet they so often fail to do that.

[Streetwise]

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The actual para that defeats creditor enforcement is s65:

65Consequences of improper execution

(1) An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.

and then 127(3) which adds:

127Enforcement orders in cases of infringement

(3) The court shall not make an enforcement order under section 65(1)if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).


Sections 77-79 are ineffective in preventing enforcement since the creditor can satisfy those requirements by reconstituting an agreement.

Basa as you know I got a right kicking on this a few months ago from Davy Boy and P.T.

But if the agreement is not signed by the hirer and or debtor,does it mean that the Pursuer has to go to the court to enforce and COULD the court say NO as the agreement was not signed by both parties.

Regards Streetwise.

[basa48]

Re: CC agreement Blank space

Basa as you know I got a right kicking on this a few months ago from Davy Boy and P.T.But if the agreement is not signed by the hirer and or debtor,does it mean that the Pursuer has to go to the court to enforce and COULD the court say NO as the agreement was not signed by both parties.Regards Streetwise.

Not sure what the 'kicking' was about !!Basically if the creditor cannot produce a credit agreement that bears the debtor or hirers signature they are going to struggle in court to obtain an enforcement order. Most wouldn't even bother.However that is not to say they couldn't win. The creditor would have to convince the judge on the balance of probability that they could not have advanced credit without a properly executed agreement. If you can legitimately insist you never did sign a compliant agreement (as opposed to just an application with no prescribed terms - which a lot of old agreements were based on) it is likely a judge would expect to see a signed agreement.As I pointed out, the relevant sections are s65, s61 and s127(3) and if you find yourself in a courtroom (or even submitting a full defence) these are the sections you must argue.This all presupposes the agreement predates 2007 when the legislation was changed.

[gravytrain]

Re: CC agreement Blank space

Basa as you know I got a right kicking on this a few months ago from Davy Boy and P.T.

But if the agreement is not signed by the hirer and or debtor,does it mean that the Pursuer has to go to the court to enforce and COULD the court say NO as the agreement was not signed by both parties.

Regards Streetwise.

There is no confusion here about the signature if the creditor is there?

This of course is not required for enforcement.