CCA Application Forms s.77/61/127- Help defending claim please

[Amethyst]

http://www.legal-beagles.co.uk/forum...-sec-77-a.html


Anyone up on application forms for running credit agreement presecribed terms, your input would be hugely appreciated on this thread.

Basically we are initially defending a claim, as no CCA was sent within the time scales, and only a pre contractual rather lacking in prescribed terms application form has been received.

[strangewayofsavin]

Re: CCA Application Forms s.77/61/127- Help defending claim please

Ame, I have stated this on some consumer sites and been boo'd, If you have a £5K loan and the company, who have no Original consumer credit agrement, or an exceptable copy, the debt is unenforcable, However (and this is were the boo's come in) If you have a credit card, then the fact that every transaction is guarenteed by a signature or individual pin number, then this is a contract set out in the SOGA, and would probably (under the law of probability) be accepted in a court of law, as debt acknowledgement.
Some sites are encouraging people, to do a CCA request even if they do not want to pay their debts anymore. The SOGA agrement, as far as I am aware, has not yet been tested in court, but seeing as complex cases in County court, are decided (if there is no clear breach of statute law) are settled on the law of probability, Credit card cases should be contested with CAUTION. Unless they are clearly not the accused responsibility.

[thephoenix]

Re: CCA Application Forms s.77/61/127- Help defending claim please

there is the s.85 angle of the CCA, dependent on situation :

85 Duty on issue of new credit-tokens

(1) Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it.

(2) If the creditor fails to comply with this section—

(a) he is not entitled, while the default continues, to enforce the agreement;
and
(b) if the default continues for one month he commits an offence.
(3) This section does not apply to a small agreement.