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Moon phases


Lowells - No terms and conditions

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Lowells - No terms and conditions

Post by Theatchet on Sat May 12, 2018 12:24 pm

After dealing with Lowell solicitors since the rule change in October, they have failed to provide any terms and conditions. The default notice does not contain what section of the terms have been broken either. They just seem to ignore the rules, along with your requests and questions. I have stumbled across this information what may be helpful. Anyone with more knowledge or advice would be helpful.

Regulations made under section 60(1) of the Act

Section 61 of the Consumer Credit Act stipulates that a credit agreement is not properly executed unless it contains all the prescribed terms and conforms to regulations made under section 60(1) of the Act, and is signed in the prescribed manner. Therefore, the consequence of a failure or omission to state fully and correctly any of the prescribed terms is to render the agreement improperly executed and therefore unenforceable save by order of the court. However, were an application to be made to the court, 127(3) requires the court to dismiss the application for an enforcement order. Therefore, such an agreement may be considered to be irredeemably unenforceable.

The prescribed terms for the purposes of section 61 which are set out in Schedule 6 of the Consumer Credit Act (Agreements) Regulations 1983 state that:

A regulated agreement is not properly executed unless
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
The document embodies all the terms of the agreement, other than implied terms; and
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.

In addition, the following must be contained:

A term stating the credit limit or the manner in which it will be determined or that there is no credit limit;
A term stating the rate of any interest on the credit to be provided under the agreement; and
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:
Number of repayments;
Amount of repayments;
Frequency and timing of repayments;
Dates of repayments.
The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.


Theatchet
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Re: Lowells - No terms and conditions

Post by daveiron on Sat May 12, 2018 12:46 pm

Hi Theatchet

I think that is the 1974 act . its ok for debts before 2007 .Its been superseded by the 2006 act.

Its refreshing to see some members looking at acts.
daveiron
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Re: Lowells - No terms and conditions

Post by Theatchet on Sat May 12, 2018 2:11 pm

@daveiron wrote:Hi Theatchet

I think that is the 1974 act . its ok for debts before 2007 .Its been superseded by the 2006 act.

Its refreshing to see some members looking at acts.  

Brilliant, I thought I had found something good.
This was the bit they took out then.

15. Enforceability of regulated agreements
In section 127 of the 1974 Act (enforcement orders in cases of infringement) subsections (3) to (5) shall cease to have effect.


I've just been trying to digest some of that. It's like looking through the yellow pages.
What does that first part (1) mean. I'm well lost.


14Default notices
(1)In subsections (2) and (3) of section 88 of the 1974 Act (contents and effect of default notice) for “seven” wherever occurring substitute “ 14 ”.
(2)In subsection (4) of that section after “it” insert “ and any other prescribed matters relating to the agreement ”.
(3)After that subsection insert—
“(4A)The default notice must also include a copy of the current default information sheet under section 86A.”

My question is then, how can they enforce an agreement without,

1. The actual agreement, or copy of.

(2) The firm can reconstitute a copy. It can do this by re-populating a template of the relevant agreement form with the details of the specific agreement taken from its records. If the firm does provide a reconstituted copy, it should explain that that is what it has done, to avoid misleading the customer that this is a contemporaneous copy.

Is a digital application all that is needed for this?

2. Without the terms and conditions.


(3) The terms and conditions should be those applicable at the time the agreement was executed. The name and address at the time of execution must be included.

They are claiming that terms and conditions were agreed to online ( digital signature ) and that's why they can't send me a hard copy of them.

(4) The reconstituted agreement should contain a heading prescribed by the CCA and any relevant cancellation notice.

Not sure they have done this either.

3. Without telling you what terms have been broken in a default notice.

Theatchet
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