12 Notices sent and various replies received any suggestions

Re: 12 Notices sent and various replies received any suggestions

Postby steve2577 » Thu Nov 26, 2009 1:42 pm

If a true copy is produce then there are some key things in that to be enforceable it has to adhere to a number of things which are

Any alleged agreement that states it is an application anywhere on the document cannot be enforced (This needs more research as I am not convinced about this).

But the following is true

Anyway moving on to the bit everybody seems familiar with CCA 1974 Section 61

61(1) A regulated agreement is not properly executed unless

(a) a document in the prescribed form itself containing all the prescribed terms
and conforming to regulations under section 60(1) is signed in the prescribed
manner both by the debtor or hirer and by or on behalf of the creditor or owner,
and
(b) the document embodies all the terms of the agreement, other than implied terms,
and
(c) the document is, when presented or sent to the debtor or hirer for signature, in
such a state that all its terms are readily legible.


We now of course come back to the question why would a judge except a contract that is only signed by one party and is not a true document (put this to bed for the moment).

So can only be enforced if it meets all the criteria above and here it gets a bit tricky and I have some further study to do on this.

One final thing if anybody is quoting Sections of CCA 1974 please remember it is section 77 for loans and section 78 for Credit Cards.

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS

PRESCRIBED RELATING TO DUTIES IN RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the Duty

Act

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.


so no point in quoting section 77 sub sections etc if you are dealing with a Credit Card issue.



Steve
Last edited by steve2577 on Thu Nov 26, 2009 2:12 pm, edited 1 time in total.
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Re: 12 Notices sent and various replies received any suggestions

Postby steve2577 » Thu Nov 26, 2009 1:55 pm

So the letter ping pong starts my first letter to Amex was a general request for Information and the reply which they obvioulsy thought was great was not what I asked for so I then submitted a formal request under Section 74 for the documents.

They dont have to respond as they are not compelled to provide more documents if another request is done within one month but I haven't done 2 formal reuests only one using our friend the CCA 1974.

I am waiting a few days maybe until the deadline expires then will post the following.

I refer to your recent reply dated [Date] to my request under section 77-79 of the Consumer Credit Act 1974.

I note that you have replied to the above by sending an illegible copy of the purported agreement. I must inform you that this is not sufficient to comply with the request and that your company is still in default under the Act.

To clarify, The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No. 1557 states:

“Legibility of notices and copy documents and wording of prescribed Forms
2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.”

I hope this explains why your reply was unacceptable. I remind you that whilst the request has not been complied with the default continues.


After this I will write ref only one signature then after this I will write ref clauses on the form that do not appear on the form after this I will write that I need full independant verification of the document after this I hope you guys and Girls will help me with further reqeust maybe due consideration etc would be nice.

Then I expect some sort of full and final setlement offer then I expect a court summons then I will move the location to my home court then I will dispute every full stop and comma in the docs then I will request further clarification then again come on you guys and gals its your turn maybe you could also give me another 20 issues the court could consider (bet you all think I have gone mad) in fact I am game for making this case the longest most expensive case in judicial history.


Bring it on baby :rotfl:


Steve
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Re: 12 Notices sent and various replies received any suggestions

Postby steve2577 » Thu Nov 26, 2009 2:31 pm


Steve,

You can't pay what you haven't got. Just jumping back into this thread, have you written to all of them indicating that you have no record of the account and need to see original contracts? This obviously will wittle the field down immediately.

Ivy



Yes I know the problem I am thinking about (and this is just me I like to think ahead all the time I used to be a sailing instructor many years ago with the Army and thinking ahead about weather rocks sinking etc has just stayed with me) so if/when the Baillifs call I will have to of moved all my possesions to my friends house, emptied the bank accounts, sold my car, sell my yacht, get somebody to take over the villas in bermuda cancel my Harrods Xmas hamper, eat all the filet steak in the freezer, drink all the champagne I have stored in my wine cellar buy some second hand clothes to wear when I answer the door and not shave for a few weeks.[/quote]


I am joking about the Yacht everybody. :rotfl:

I notice the emoticons are breeding do I get more of them to choose from the more I post :thinks:
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Re: 12 Notices sent and various replies received any suggestions

Postby Ivy » Fri Nov 27, 2009 9:36 am

Not sure about the emoticons but I do think you may be complicating things a little with some of your thinking. If I were you I would slow this right down and go back to basics...how many of these alledged debts can prodcue a signed contract/agreement and start from there.
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Re: 12 Notices sent and various replies received any suggestions

Postby Pleasuredome » Sun Nov 29, 2009 11:46 pm

Ivy wrote:
Pleasuredome wrote:nope, the courts now accept a copy of the original if the service provider claims the original was "lost". i doubt the courts will accept a claim that it will have to be a certified copy.


That's right... the courts accept what is known as Best Evidence, however the same still applies to a copy of a ciontract as it does to the original...does it show equal consideration, dual signatures etc....


true.

also, a copy of my signature is not my signature. did i put my signature on the original? bring me the original and i'll verify if i did :grin:
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Re: 12 Notices sent and various replies received any suggestions

Postby lone wolf » Mon Nov 30, 2009 2:16 am

To Steve2577,
i wanted to say....I just love what you are doing.

i wish i knew this 2o years ago when they repossed my house, took my daughter into care etc....any way keep on trucking.

Right on..YOU.. freeman on the land in action.

peace n blessings,
lw
I am that i am....attempting to listen to the silence, and gaze upon the empty space, to feel my inner body, just to be, to be here and now, Now I can take action thats truth, being, love, peace freedom and joy
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Re: 12 Notices sent and various replies received any suggestions

Postby mackler » Tue Dec 01, 2009 5:09 am

Go on son, don't ever give up, you have the facts on your side they just have scare tactics which work on 90% of the people which is a damn shame. Though have u told Tesco to fuck right off? No contract? Heres an Estopoll, cya.
"Give me control over a nations currency, and I care not who makes its laws.”
Baron M.A. Rothschild
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Re: 12 Notices sent and various replies received any suggestions

Postby steve2577 » Tue Dec 01, 2009 11:59 pm

Hi everybody

No haven't told Tesco where to go just yet.

Things are now a bit calmer blood pressue back to normal well still high but normal for me.

Got various replies but as yet no real hassle.

Basically all's well waiting for the shit to hit the fan soon but starting to think a bit more about how to keep fighting. Got plenty of advice I can now pass on to any new fighters just email me and I will respond.

Wil keep you all posted but dont expect anything significant for a week or two.


Steve :in love:
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Re: 12 Notices sent and various replies received any suggestions

Postby kevin » Wed Dec 02, 2009 12:05 am

steve2577 wrote:Hi everybody

No haven't told Tesco where to go just yet.



Why not? You do need to respond
kevin
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Re: 12 Notices sent and various replies received any suggestions

Postby steve2577 » Wed Dec 02, 2009 12:26 am

lone wolf wrote:To Steve2577,
i wanted to say....I just love what you are doing.

i wish i knew this 2o years ago when they repossed my house, took my daughter into care etc....any way keep on trucking.

Right on..YOU.. freeman on the land in action.

peace n blessings,
lw



Thanks for your post on my thread it's heartwarming to get people like you posting and kind of makes me feel a bit of a shit thinking about myself and my problems.

Sorry to hear what you say I just hope things have turned for you if there is anything we can help with just ask.


Many Regards Steve :hug:
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