CB gets some new "friends"

[pt2537]

Re: CB gets some new "friends"

Nope
I already know..

only cos i told ya:tung:

[Curlyben]

Re: CB gets some new "friends"

only cos i told ya:tung:

SmartA$$

You gave me some others

[pt2537]

Re: CB gets some new "friends"

Hmm, well,

No Total Charge for Credit, contrary to Regulation 2 and Schedule 1 para 9 SI 1983/1553 as this agreement falls within para 9 and not the exceptions (a-c)

no Total Amount Payable contrary to Reg 2 and Schedule 1 para 11 SI 1983/1553

Therefore the agreement fails to comply with section 61(1) (a) in so far that when the agreement was laid before you it didnt conform to regs under s60

a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

as a result it also fails under s61(1)(c)

(c)
the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

and therefore its improperly executed and thus unenforceable

to remedy this, they need to make an application to the court pursuant to s65(1)

without that, it remains unenforceable

now then, onto the more interesting stuff

Rank Xerox Finance Limited -v- Hepple, a signle breach of schedule 1 was held sufficient to mean the court lowered the debt from £5k to £500 however id argue that this is worst and causes more prejudice as the costs of borrowing is unclear and that non compliance with the Act should be discouraged ( see judgment of HHJ Derek Halbert on appeal in Walker -v- SPPL)

[Curlyben]

Re: CB gets some new "friends"

Well yet another missive from my new bestest buddies and, you guessed, toilet roll.

So that's CB - 3; Cabot - 0

[Redletter]

Re: CB gets some new "friends"

Here's what Cabot sent me t'other day.

So what do you all think ??
Lets see if you have been paying attention..

LPI and loan all rolled into one.

Reference to T&C's 21 & 22 obviously in a sperate document.

Tut tut!
------------------------------- merged -------------------------------

Here's what Cabot sent me t'other day.

So what do you all think ??
Lets see if you have been paying attention..

Prescribed terms - amount and frequency of payments?

(PS Im only a puppy but I'm getting there!)

[consumerchicken]

Re: CB gets some new "friends"

hello Curlyben and others

I have a loan agreement virtually the same as the one here - what can I do about it? if it is unenforcable does that mean I don't have to pay the loan back?

that just seems too good to be true?

I have only looked at my own copy on file and not requested this from egg yet? how do you suggest proceeding?

thanks
CC

[Curlyben]

Re: CB gets some new "friends"

Well, well, well.
It seems Ruthbridge/Direct Legal have given up after ONE simple prove and passed it to Hillesden/JB debt.
Hey ho time for yet another prove it as they have supplied nowt to ident the debt.

So chalk up another 2 for CB's scalp pile

That's 40 - NIL to me then !!!
With 4 outstanding.
These include Cabot (4), Hills/JB and Lowell.

No matter..

[Curlyben]

Re: CB gets some new "friends"

Had a response from DLC saying the JB have passed by request over (even though I already sent them one)

They have requested the agreement and statement from Hillden.
Now I;m slightly confused.
Who the hell is the OC and where has it been sold too.
Looks like Hillsden are the primary and they contracted DLC and the JB to collect.

Well we'll see if anything arrives, but I have a feeling I know what this is for and, assuming I'm correct, it's now SB'd anyway

[shas]

Re: CB gets some new "friends"

CurlyBen, I have 1 of those also!!!

All help & advice is welcome

[Curlyben]

Re: CB gets some new "friends"

Well 4 letters from Cabot.
3 saying "we're supplied info and where's your payment" and 1 saying the OC is having "difficulties" finding the agreement,

Well once I've moved I;ll give them the good news

[Sapphire]

Re: CB gets some new "friends"

What a total shower of s**t they are.

[Curlyben]

Re: CB gets some new "friends"

Well they aren't to know they have purchased yet more Turkeys

[righty]

Re: CB gets some new "friends"

This gets even better.
Seems the last payments made to the majority of these was 2004 so awefully close to SB'd status.
Also mostly opened in Scotland.

Now I need to do some research on moving from Scot to England re 5/6 year rules.

Is it based on where the account was originally opened ??

Gee are Cabot in for a shock then

If the 'debt' was incurred in Scotland where there's a difference in law 5 or 6 years then I'm sure Scottish Law will apply. If they attempt to issue in England you can question jurisdiction

[Curlyben]

Re: CB gets some new "friends"

That's what I;ve been confused on, righty.
While these accounts where opened in Scotland, they where used in England as well and have moved to a UK address.

From my research, I believe that UK Limitations takes over after the move south.

No matter as they are irredeemably unenforceable anyway
Solid s127(3)'s

[Sapphire]

Re: CB gets some new "friends"

Ok here's a twist on this then, what if a debt started in England (lloyds) is then sold on to 1st Credit (Scotland), is there any change in law/rules there then ?