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With a post 2007 credit card agreement is it still UE until they produce the CCA request? It's been a month now since I sent one to first credit for my vanquis credit card and still no reply.
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Re: Silly question
If you are in receipt of an improperly executed agreement made on or after 6th April 2007, it does not automatically mean that you would not have a fighting chance in arguing that the agreement should not be enforced. Instead of being irredeemably unenforceable they are enforceable only on an order of the court.Originally posted by jon1965 View Post
If you agreement is unsigned and undocumented, it is improperly executed and the creditor would have to apply to the court for an enforcement order.
The provisions relating to these discretionary enforcement orders can be found in s127. Sections 127(1)(i) and (ii) state the court shall dismiss an application for an enforcement order if, but only if, it considers it just to do so having regard to:- The prejudice caused to any person by the contravention in question and the degree of culpability for it
- Its powers under s135 to impose conditions on, or suspend, any order it makes, and its powers under s136 to vary or amend an agreement
- Reduce or discharge any sum payable by debtors or hirers to compensate them for any prejudice they have suffered
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Re: Silly question
Thanks , but that doesn't really answer my question. Untill they reply to my CCA request should I still be paying them?Comment
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I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: Silly question
First Credit are a DCA.... and I wouldn't be paying them either.....
Remember the mantra:
NEVER communicate by 'phone.
Send EVERYTHING by Recorded/Special Delivery
Keep a copy of EVERYTHING sent
Keep hold of EVERYTHING received
PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: Silly question
Thank you. I think it is he only one that is post 2007 and so far only 1 has replied and Niddy has told me the good news on that one
Last edited by jon1965; 12 April 2012, 14:00.Comment
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