Unenforceability & Template Letters III

Alright NID?

I've had a reply from Halifax, they say they've sent a reconstituted agreement which does contain my signature and date (copy and paste?) but the rest looks like it's been put together by photoshop and the opening letter reads...

I have enclosed with this letter a copy of your reconstituted version of the executed agreement comprising both the original and current terms and conditions and a copy of your original signed application form together with a signed statement of the account.

They've got all of my details typed out on a sheet of A4 then at the bottom they've got a box that says the agreement which goes on about the credit consumer act 1974 which goes on to say about using credit scoring techniques to assess my application and another box under that with an arrow saying just sign here.

On the back they've got some terms which they've stuck in the middle of the A4 sheet but only have the prescribed terms that they need rather than the lot.

What's your advice on my next move, NID?

hey Nids, 10past6,

following on from Incasso chasing my OH for the tesco loan last week I have now received a letter from Moorcrofy chasing me only for the loan.

im presuming i should send the prove it letter to start with as tesco still havent sent me the cca as req. which was originally requested 24th feb.

the letter states:
we have been instructed by tesco personal finance, to collect your overdue debt of £22740.81.

It is a legal requirement to sned a notice of intended litigation before legal proceedings in the County Court are issued. We beliee that this letter fulfils this requirement even if it is not actually read by you.

to prevent our recommending to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay. Payment should be submitted in full within 7 days or contact made with this office immediately, by telephone 0161 475 2817 or by letter, with your payment offer. Both our client and we do not wish to take this action but if agreements cannot be reached by 20/4/10, a claim may be issued by our clients solicitors.

We would draw you attention that if Judgment and an order for repayment in full is obtained and remains unpaid, the following enforcement options are available and may be considered.

1. warrant of execution by bailiffs against goods owned.
2. application for attachement of earnings order with your present or future employer.
3. application for a charging order on any property you may own or are purchasing under a mortgage (where the balance outstanding is of a suffiecient level)

we would emphasise that should Judgement be entered against you this may affect any future credit application you may make elsewhere. We would also draw to your attention that all legal costs incurred are ususally payable by the debotr.

all payments must be made payable to 'moorvrodt debt recovery ltd' and forwarded with this letter to the above address.

so they have done as i thouhgt they would, they are attmepting to send 2 sep comps after each of us for the same debt. Is that even legal??

i snet the prove it letter to incasso last week, and so far have not had anything back. I also sent a huge letter to tesco complaints dept. and letter went to the necessary boides, FSA, ICO etc this week.

also, may i ask...as tesco have still not sent me the cca as req, merely pestered me for signatures... is there a particular letter i should send.... i looked at the cease and dissist letter - but as this agreement is post 4/07 i aint too sure if that will apply still?

Cheers - me too !

pebbles88 wrote: »

tesco still havent sent me the cca as req. which was originally requested 24th feb

In that case, amend and send the following letter to Moorcrap:

Squibs frmo what i can read and Nids correct me if im wrong.. Sounds like your doing the best thing Just wait its a waiting game...