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  #1  
Old 30-11-2007, 12:29 PM
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Default Please read and Heed

Speaking with the Financial Ombudsman last week he was saying that as a consequence of the Consumer Credit Act 2006, the courts can now chose to enforce an agreement, revoking the previously held position that they were barred from so doing.

Also, from 6 April 2008, it will no longer be an offence to continue not providing a true copy of the agreement - de********ised by virtue of the proposed Consumer Protection from Unfair Trading Regulations
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  #2  
Old 30-11-2007, 01:05 PM
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So the act is being interpreted as being retrospective even though it isn't supposed to be?

What is the reasoning behind this?

As far as I can see a creditor can now hold you to a credit agreement you have clicked on on a website and now they are telling us that they can get away with not sending us the agreement when asked?

This needs some more explaination from the FOS as it is a complete erosion of all consumer protection and is in fact (IMO) in breach of the EU treaty DL posted earlier.

If the ********ity issue is merely limited to the non-compliance of s77-9 then that is pretty much as we experience now. As far as the breach and enforcement of said agreement following non-compliance of s77-9 is concerned then that shouldn't matter.

Just as a thought though, this whole CCA 2006 signing of documents by electronic means is a fraudsters and sheisters paradise - a dream come true - yet again we see ill-thought out amendments to laws with protection eroded.

My distaste for politics grows stronger every day.....

Last edited by m55dlc : 30-11-2007 at 01:11 PM.
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  #3  
Old 30-11-2007, 01:08 PM
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The EU Treaty also states that it does NOT override National law.

The OC will also have to produce what they say is an Agreement and the Judge will decide.
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Old 30-11-2007, 01:24 PM
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Quote:
Originally Posted by Dragonlady View Post
Speaking with the Financial Ombudsman last week he was saying that as a consequence of the Consumer Credit Act 2006, the courts can now chose to enforce an agreement, revoking the previously held position that they were barred from so doing.

Also, from 6 April 2008, it will no longer be an offence to continue not providing a true copy of the agreement - de********ised by virtue of the proposed Consumer Protection from Unfair Trading Regulations

Hi
I don't think that the first statement means that the revoking of section 127(3-4) will be retrospective("Can now inforce") just that from & April 2007 they were able to enforce agreements made on or after that date.

I have heard rumours about the de********isation of the act and looked into the act you mentioned a little while ago, as far as i could see it is a proposed piece of legislation that hadn't even been presented as a white paper , and as it's title sujjests is to protect the consumer not the creditor i could see nothing in it regarding de-********isation

Best regards
Peter
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Old 30-11-2007, 01:49 PM
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I am only passing what I have been told. Nothing would be worse than for one of our members to appear in court and to be told by the Judge I am enforcing this Agreement and I agree with Peter's assumption is Agreements made after the new Act came into being.

All you need is one OC's barrister to get and to try and enfoce an earlier alleged Agreement and a Judge to agree, the media and the banks would have a field day.
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Old 30-11-2007, 02:15 PM
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Hi
Dont worry DL the transitory provisions are in the 2006 and it would take an act of parliament to circumvent them.

Best regards
peter
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Old 30-11-2007, 02:23 PM
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Hi

Again
I FOund my orriginal query on this to Lacors on the 29/09 and the reoky was that it was new to them and in their view there was no legilation to the effect of de********ising the CCA in the pipeline.
If you search this you will see that the OFT are only at the stage of
preparing a draft legisltion document it is a long way from becoming law even if the above provision is include which i doubt.
I think this is another case of the OFT spreading roumers to stop people applying their rights under section 77 i find if you challenge these they just dissapear.
Best regards
Peter
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  #8  
Old 30-11-2007, 02:25 PM
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Peter,

You and I have recently seen an agreement signed June 2006, this is worrying even though it says it an Agreement using CCA 1974..These are the ones I am worried about.
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Old 30-11-2007, 02:45 PM
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Does this mean that the DCA's who pursue innocent people will also have a free reign to continue as they are now, but worse....without showing evidence when really they need pulling in?
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  #10  
Old 30-11-2007, 04:45 PM
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They would still have to produce an alleged agreement to convince the Judge.
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