Maui Jim's UE Diary

[Never-In-Doubt]

Re: Maui Jim's UE Diary

Well how did / can you agree to something if you never signed anything?

The prescribed terms do say a signature is needed as does Carey. So whilst lack of one doesn't in itself hold much significance, if it went to court they'd then have to provide the signed copy which they'd rely on within the POC.

[PlanB]

Re: Maui Jim's UE Diary

Well how did / can you agree to something if you never signed anything?

The prescribed terms do say a signature is needed as does Carey. So whilst lack of one doesn't in itself hold much significance, if it went to court they'd then have to provide the signed copy which they'd rely on within the POC.

And if they can't provide it in court (never mind s.78) they're stuffed? (Please say yes)

[Never-In-Doubt]

Re: Maui Jim's UE Diary

And if they can't provide it in court (never mind s.78) they're stuffed? (Please say yes)

Ok, yes!

Here's a recent post, in a protected section, made by Paul which clarifies the point, I think (note the red text):

Id ask them to comply with their statutory obligations and produce a true copy of the agreement. Now i dont know what you say about the signing of an agreement but if you say you did not sign an agreement, then id refer them to carey v hsbc which states

Para 53(11)

If he does and for example asserts positively that although he has been using a credit card agreement for years he never actually signed an agreement, or one that complied with s61, the creditor may well have to try and find the original in order to deal with that allegation.

So that means that in my view, the creditor when faced with such an allegation needs the original agreement or some strong evidence to prove there was a signed compliant agreement

Id also refer them to the case of

Devendra Kotecha vs Phoenix Recoveries (court of appeal) which confirmed that to comply with s78 the creditor must provide the complete agreement not just part of it

so i think they best go provide the full information rather than hassling you

[PlanB]

Re: Maui Jim's UE Diary

Ok, yes!

Here's a recent post, in a protected section, made by Paul which clarifies the point, I think (note the red text):

Thanks for the tutorial Niddy. I now get it: the reason creditors try to fob us off with any old crap we've signed (such as application forms) at the CCA request stage is to fool us into thinking they've got all the right docs in their arsenal. Maybe they have for s.78 purposes but not necessarily for the real deal of the courtroom. I know not all DJs are without prejudice (the "pay up and shut up you low-life debtor" kind) and it's a lottery going to court - although most of us do this by invitation only not out of choice. But I view this UE route as a game of poker in which both sides are playing a game of bluff (Barclays be warned I'm really shit hot at poker).

I love this website because you help us make the creditors abundantly aware that we hold the cards too, and some of them are flippin' aces.

Plan B

PS when's the site's birthday? I may just have to donate like everyone else you've helped will be doing, right people?

[Deepie]

Re: Maui Jim's UE Diary

I think it,s tomorrow 28th I think

[Never-In-Doubt]

Re: Maui Jim's UE Diary

It was 24th!! My registered join date is the site birthday.

[PlanB]

Re: Maui Jim's UE Diary

It was 24th!! My registered join date is the site birthday.

In that case we must have an After Party. Please start a "one-year-old-this-week" thread so we can all add our own stuff. It won't matter at all if it's late because men are always late at remembering birthdays and anniversaries (think I had better log off right away . . .).

And it's time I got off M's thread too. Sorry M.
Plan B

[CleverClogs (RIP)]

Re: Maui Jim's UE Diary

if they happen to send the signed agreement to you with terms from when you actually took the account out and not just current ones, it'd then become enforceable.

If.

[CleverClogs (RIP)]

Re: Maui Jim's UE Diary

My thoughts too but just wanted to ensure you agreed. It seemed like they were trying to put a brave face on things!

[mauijim]

Re: Maui Jim's UE Diary

p.s. send this back: ---> CCA Query - Missing Prescribed Terms

Thanks Niddy, one last dumb question (well last on this DCA I hope) do I have send back a copy of their copy CCA?

MJ

[CleverClogs (RIP)]

Re: Maui Jim's UE Diary

Thanks Niddy, one last dumb question (well last on this DCA I hope) do I have send back a copy of their copy CCA?

One would not suppose so, as they should know what dreck they sent.

[MrsD]

Re: Maui Jim's UE Diary

Thanks Niddy, one last dumb question (well last on this DCA I hope) do I have send back a copy of their copy CCA?

MJ

Nope as Clogs says, they should know what they sent

not a big believer in doing their jobs for them, so just let them flounder around (no fishy cracks please Clogs!!!)

[mauijim]

Re: Maui Jim's UE Diary

The reason I asked for clarification is because in the relevant CCA Query - Missing Prescribed Terms template letter Niddy Has advised me to send there is a section that states "In response to this request I was supplied a document, a copy of which is attached, that did not comply with the requirements of the Consumer Credit Act 1974 (CCA1974)"

I was just checking because I infer from that I should include a copy.

[mauijim]

Re: Maui Jim's UE Diary

And it's time I got off M's thread too. Sorry M.
Plan B

No problem my friend, all input and discussion is good if it may help others

[CleverClogs (RIP)]

Re: Maui Jim's UE Diary

not a big believer in doing their jobs for them, so just let them flounder around (no fishy cracks please Clogs!!!)

Are you trying to put me in my plaice?