Newman CCA response

[jorindel]

Hi,

I'm new on here and I'd really appreciate some advice. I have a £2000 debt (among others) with American Express which has been passed on to Newman DCA. I requested a CCA from Newman. They have sent me a printout of what looks like the information that I entered online to apply for the card in (I think) 2006.

Is this what they should have sent? They are now threatening legal action and I'm not sure what to do for the best.

Thanks.

[Never-In-Doubt]

Re: Newman CCA response

If you applied in 2006 then they'll send a recon with tick in the box as permitted by electronic comms order 2004.

Bad date I'm afraid

[jorindel]

Re: Newman CCA response

I've just had another look and I can't see any tick box, just columns of questions (e.g. name, address etc) and my responses.

[Riz]

Re: Newman CCA response

Might be useful.

Catalogues..of errors | paulatwatsonssolicitors

s61(1) Consumer Credit Act 1974 tells us there must be a document, signed by the Debtor containing the prescribed terms if the agreement is to be enforceable. My Littlewoods account had no document bearing my signature period. So i Littlewoods could not ever recover the money from me end of story.

Now i pause for a moment, because there was a change in the law in 2004 which meant that contracts could be concluded on-line by the debtor ticking a box as an electronic signature. The Consumer Credit Electronic Communications Order 2004 states with effect from 1st January 2005 a contract can be concluded electronically for the purposes of the Consumer Credit Act 1974.

Now i must also say that just ticking a box doesnt cut the mustard the tick in the box must be on a document containing the prescribed terms if the document is to be enforceable.

Of course as of 6th April 2007 the unenforceable provisions of s127(3 to 5) were removed from the CCA 1974 anyway, so for a catalogue opened after that date even if you never signed an agreement, but you open the account over the phone, then the Court could enforce the agreement. However for any account opened BEFORE 6th April 2007 if you didnt sign an agreement like me then you may well have an unenforceable agreement.

[Never-In-Doubt]

Re: Newman CCA response

I've just had another look and I can't see any tick box, just columns of questions (e.g. name, address etc) and my responses.

Yep if you want to email it me to check over.....

Rizzle, remember if after 2004 it's easy to recon using a tick in the box. They can remedy it before court so it's always harder. The above is slightly misleading and is a solicitors take on things.

We work to the layman point of view. If this was taken in 2006 it's 99% going to be enforceable based on the electronic comms order as its easy for the lender to comply and create a valid cca from the info held on files.

As I say if he emails I'm happy to check it over.

[Riz]

Re: Newman CCA response

Rizzle, remember if after 2004 it's easy to recon using a tick in the box. They can remedy it before court so it's always harder. The above is slightly misleading and is a solicitors take on things.

Not if nothing with the prescribed terms was ever ticked.

I'll wait for Paul to comment thanks.

[jorindel]

Re: Newman CCA response

Thanks for the responses. Never-in-Doubt, it would be really good if I could email you over a copy - thanks. How do I go about sending you an email?

[Deepie]

Re: Newman CCA response

Here you go---------->agreements@all-about-debt.co.uk

[Never-In-Doubt]

Re: Newman CCA response

Not if nothing with the prescribed terms was ever ticked.

I'll wait for Paul to comment thanks.

Then they'll recon it as I say. It's the easiest to recon. All the lender needs to do is ensure the PT's are present then add a tick in the box.

Wait for Paul to comment all you want!! It's an open forum and I'm saying it as it is

[Riz]

Re: Newman CCA response

Thanks for the responses. Never-in-Doubt, it would be really good if I could email you over a copy - thanks. How do I go about sending you an email?

Should be in Niddy's signature I think?

EDIT: Or I2D's post.

Wait for Paul to comment all you want!! It's an open forum and I'm saying it as it is

It is. And I will.

[Never-In-Doubt]

Re: Newman CCA response

Thanks for email

It's only a system screen print of your Customer Account. It's not compliant cos it's nothing; I mean what they've sent is literally a screen print of your back-office customer record.

Muppets. It's based on that and if they took action with that as their lead someone like Paul would rip em a new arse.

I'd send the missing PT's template. Until they comply with s.78 this remains

[jorindel]

Re: Newman CCA response

Thanks for the advice Niddy. I'll send that letter.

[Paul.]

Re: Newman CCA response

Might be useful.

Catalogues..of errors | paulatwatsonssolicitors

yes

If the agreement, or application process never contained the prescribed terms ( for legal interpretation of the word Contain see para 173 Carey v HSBC Bank Plc) then the agreement would be unenforceable. irrespective of the Elec comms order

[Riz]

Re: Newman CCA response

Thanks. Just needed to double check I was reading that right.