GDPR Cookie Consent by SimpleServe Privacy Script Consumer Credit Regulations 1983 3(2)b - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

Consumer Credit Regulations 1983 3(2)b

Collapse
X
Collapse
 
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous template Next
  • #1

    Consumer Credit Regulations 1983 3(2)b

    Hi,

    I'd appreciate any clarification of this.

    The Halifax have sent me a photocopy of a Credit Card Agreement which appears to have my dated signature on, however the signature/date space on behalf of Halifax plc is blank. The letter from Halifax states the following:
    The copy of the agreement enclosed with this letter complies with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (the "Regulations"). Regulation 3(2)b provides that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with the primary cardholder's signature on it.

    Is this relevant? Isn't this still unenforceable under Sections 61 of the Consumer Credit Act 1974?

    Thanks in advance.
    Tags: accounts, act, card, cca, cca request, chasing, consumer, consumer credit, consumer credit act, consumer credit act 1974, credit, credit act, credit agreement, credit card, debt, documents, email, halifax, hbos, help, information, letter, letters, moorcroft, regulations, signature, templates, text, unenforceability, unenforceable
  • #2
    Re: Consumer Credit Regulations 1983 3(2)b

    Hi & welcome. On what you say, it's de minimis so no. The fact the agreement isn't signed isn't enough in itself to fail CCA.

    That's not to say it isn't unenforceable. There's more than just the PT's (4-corners) to think about.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

    Comment

    • #3
      Re: Consumer Credit Regulations 1983 3(2)b

      Originally posted by Never-In-Doubt View Post
      Hi & welcome. On what you say, it's de minimis so no. The fact the agreement isn't signed isn't enough in itself to fail CCA.

      That's not to say it isn't unenforceable. There's more than just the PT's (4-corners) to think about.

      Thanks for your reply NID... and the welcome

      Can you point me in the right direction as to what you mean... and where to look next?

      Comment

      • #4
        Re: Consumer Credit Regulations 1983 3(2)b

        I don't think he can. Too much to consider. Best bet is to email him the unedited version of your agreement and he will let you know.
        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

        • #5
          Re: Consumer Credit Regulations 1983 3(2)b

          Hi

          I've received your email and you can access templates by going to AAD+ - direct link is here --> http://forums.all-about-debt.co.uk/f...mplate-Letters

          You joined using two accounts, Pukka2 & Bluefox - do you want me to delete the Bluefox account as you can only have one account at AAD.

          If you email me the agreement then I can help clarify if it's UE or not. webmaster@all-about-debt.co.uk

          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment

          • #6
            Re: Consumer Credit Regulations 1983 3(2)b

            Your HBOS agreement is unenforceable. The terms are incomplete.

            I hazard a guess you're not paying?
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment

            • #7
              Re: Consumer Credit Regulations 1983 3(2)b

              Originally posted by pukka2 View Post
              The Halifax have sent me a photocopy of a Credit Card Agreement which appears to have my dated signature on, however the signature/date space on behalf of Halifax plc is blank. . . .

              Is this relevant? Isn't this still unenforceable under Sections 61 of the Consumer Credit Act 1974?
              Hello Pukka2 and to AAD.

              Let's try to put your question in context.

              Did the Halifax send you a photocopy of your credit agreement randomly or as a result of a formal s.78 CCA request which you made to them or for some other reason?

              Is this account still with the Halifax or has it been sold on to a debt purchaser who may be chasing you or is the account all tickety boo so you're looking to the future?

              Plan B x

              Comment

              • #8
                Re: Consumer Credit Regulations 1983 3(2)b

                Thanks for the replies... and the welcome. I am not paying. Moorcroft Debt Recovery Ltd are chasing me for payment. The Halifax sent the CCA as a result of a formal s.78 CCA request. The Halifax letter states that 'the agreement with us is fully enforceable and we shall continue to treat it as such.'

                What terms are missing? What's my next step?

                Comment

                • #9
                  Re: Consumer Credit Regulations 1983 3(2)b

                  Hi Pukka

                  It would be a good idea to start a new thread in the 'Unenforceability Diaries' section of the forum and provide the following information to get going:

                  http://forums.all-about-debt.co.uk/s...ull=1#post5922

                  That way the team can help you more effectively.

                  Best of luck!

                  SnV
                  "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                  The consumer is that sleeping giant.!!


                  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

                  • #10
                    Re: Consumer Credit Regulations 1983 3(2)b

                    Originally posted by SaltnVinegar View Post
                    Hi Pukka

                    It would be a good idea to start a new thread in the 'Unenforceability Diaries' section of the forum and provide the following information to get going:

                    http://forums.all-about-debt.co.uk/s...ull=1#post5922

                    That way the team can help you more effectively.

                    Best of luck!

                    SnV
                    Thanks SaltnVinegar. Will do that.

                    Comment

                    Previous template Next
                    Working...
                    X