HELP. In Court vs Varde Investments/Hegarty LLP

[pt2537]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

Is the debtor in red supposed to say creditor ?

M1

I would expect so

[MIKE770]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

Is the debtor in red supposed to say creditor ?

M1

go to the top of the class!!

[Guest]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

[QUOTE=basa48;273826]To be honest, although many parties may have got frustrated, I gleaned quite a lot from the exchange.

It seems to me that if a debtor never signed an agreement (or if he has not got a copy) he may well be screwed if the debtor can demonstrate a methodology whereby their credit agreements are compliant and on the balance of probabilities the court would enforce.

On the other hand, if the debtor does have a copy of the signed agreement, he would need to demonstrate a prejudice by way of a missing or defective prescribed term.

Is that about right?

(PS: I agree a missing creditors sig missing being prejudicial is bordering on insanity!)[/QUOTE

Yes in post 2007 agreements it may be the case that an incorrectly stated APR would present a greater prejudice to the debtor, in that it is the largest indicator of the value of the credit bargain, and of course APR is not a prescribed term..

D

[basa48]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

Is the debtor in red supposed to say creditor ?

M1

Sorry - yes of course it should. Now corrected.

[pt2537]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

an excellent worked example of the provisions of s127(1)&(2) in action could be found in the case of Rank Xerox v Hepple where HHJ Hague QC reduced a debt (damages under a HP agreement) from £5000 to £500 because the creditor had omitted an accelerated payment clause from the agreement and subsequently relied on it in proceedings.

[MIKE770]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

O.H. has received from A.K. bundle of 1 blank CCA1974 and statements, pages of T&Cs, assignment letter to varde, A..K. state they act for varde, and also another copy of a CCA1974 with O.H. siggy on it, name & address, reference number and a credit limit, that is all, no signature on behalf of the O.C. states 2003.

O.H. as in the past on the 1st copy stated she has not seen that bit of paper before, the whole thing was a result of a unsolicited phone call for a points card for travel discounts!

[MIKE770]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

Awareness to the site team was sent yesterday as report post!