Angelag's ue Diary

[MrsD]

Re: Angelag's ue Diary

Swanny's right they will always argue its enforceable and try to frighten you by quoting all the cases they can think of. You could ignore it or send the missing prescribed terms, whatever you do crapquest won't take any notice anyway!

[Paul.]

Re: Angelag's ue Diary

in the cases i dealt with vs Next Retail, my clients response was

Dear Sirs,

Thank you for your letter dated xxxx the contents of which are noted.

Our clients have been advised of the Carey v HSBC case which bears no relevance in the current matter. If you feel our view is wrong then please provide us with case authorities which show that in circumstances where s61(1)(a) CCA 1974 was never complied with in an agreement entered into before 6th April 2007 then the agreement is enforcable as we are unaware of any such authority for this proposition.

However, we are aware of the leading case of Wilson v First County Trust which confirmed that where the debtor never signed an agreement or an agreement containing the prescribed terms then the court cannot allow enforcement.

It is our clients position that there never was a signed agreement thus s61(1)(a) Consumer Credit Act 1974 was not complied with. If your position is that there was a signed agreement, and this was canvassed by HHJ Waksman QC in Carey at para 53(11) then we invite you to disclose evidence of this by production of the original agreement or records showing the recipet and archive records for the same and an explanation of where such a key document has gone.

We trust this sets out our clients position clearly.

[PlanB]

Re: Angelag's ue Diary

in the cases i dealt with vs Next Retail, my clients response was

Dear Sirs,

Thank you for your letter dated xxxx the contents of which are noted.

Our clients have been advised of the Carey v HSBC case which bears no relevance in the current matter. If you feel our view is wrong then please provide us with case authorities which show that in circumstances where s61(1)(a) CCA 1974 was never complied with in an agreement entered into before 6th April 2007 then the agreement is enforcable as we are unaware of any such authority for this proposition.

However, we are aware of the leading case of Wilson v First County Trust which confirmed that where the debtor never signed an agreement or an agreement containing the prescribed terms then the court cannot allow enforcement.

It is our clients position that there never was a signed agreement thus s61(1)(a) Consumer Credit Act 1974 was not complied with. If your position is that there was a signed agreement, and this was canvassed by HHJ Waksman QC in Carey at para 53(11) then we invite you to disclose evidence of this by production of the original agreement or records showing the recipet and archive records for the same and an explanation of where such a key document has gone.

We trust this sets out our clients position clearly.

I read that and then pressed the 'print' key on my computer

[MrsD]

Re: Angelag's ue Diary

fabulous man!!

[ANGELAG]

Re: Angelag's ue Diary

I am going to be moving to Saudi Arabia in August and as you can see have several unenforceable debts and also 3 enforceable. I am looking for some advice as to whether I contact all my creditors and tell them that I am moving. We will be over there for at least 5 years and then will move back to the uk.

Any help is appreciated

[Deepie]

Re: Angelag's ue Diary

How's things here ?

[nanna58]

Re: Angelag's ue Diary

Hiya atre you OK ?