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Unenforceability & Template Letters II

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  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    I've just re-read your post history and am up-to-date again :D:D

    Ok, sorry for misunderstanding - I see what you're saying now, Amex sent you a 60 second application and as such you should send the same letter as GoodTimesAhead. You're right, you should send the same letter - as below:

    A 60 second application does not have all the Prescribed terms, right? Thus it is not acceptable - send this in response:
    16. Various CCA Query Letter 'Variations'
    Variations of CCA Queries, i.e.
    - CCA Dispute - Illegible Copy Document Supplied;
    - CCA Dispute - Terms & Conditions Supplied;
    - CCA Dispute - Copy Document Supplied;
    Obviously, click the link and then go to the middle letter (highlighted red above) and send that! :D Can you post copies or email me copies of what they sent you - would make life easier?
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Lloyds_Dad
    Lloyds_Dad Posts: 43 Forumite
    Hi there I have received a reply today from Mint regarding my CCA Request where it all looks pretty thorough although I am sure they are supposed to look that way.

    What I basically received was my Application form with my signature and their date received stamp with what appears to be their signature stamped although as a photocopy this could be a pen signature.

    The only query I can see on this is that I cannot read the day and month clearly they stamped this as received is this enough to query this.

    Also they have enclosed reams of pages of which appears to be the credit agreement small print but not addressed to me.

    They have also sent an additional letter which is addressed to me but at my current address which is differnt from my orignal application stating a credit limit and is referring to my replacement card this is not dated at all.

    Do I have grounds to issue a query or should I scan and post the letters removing my personal details on here

    Many thanks for your time
  • putty71
    putty71 Posts: 252 Forumite
    never-in-doubt wrote: »
    I've just re-read your post history and am up-to-date again :D:D

    Ok, sorry for misunderstanding - I see what you're saying now, Amex sent you a 60 second application and as such you should send the same letter as GoodTimesAhead. You're right, you should send the same letter - as below:

    A 60 second application does not have all the Prescribed terms, right? Thus it is not acceptable - send this in response:

    Obviously, click the link and then go to the middle letter (highlighted red above) and send that! :D Can you post copies or email me copies of what they sent you - would make life easier?


    Ok thanks for that. I need to get my scanner sorted, but will do hopefully tomorrow as works do on weds so probably won't even find my house let alone pc! I will know when I'm safely home as the ear bashing will commence!

    Is it easier to pM them to you?
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Lloyds_Dad wrote: »
    Hi there I have received a reply today from Mint regarding my CCA Request where it all looks pretty thorough although I am sure they are supposed to look that way.

    They usually are designed to look real, if not they can 'create' them from scratch lol
    Lloyds_Dad wrote: »
    What I basically received was my Application form with my signature and their date received stamp with what appears to be their signature stamped although as a photocopy this could be a pen signature.

    Ok, please confirm is it an "Application form" or is it a "Credit Agreement Regulated by the Consumer Credit Act 1974"?
    Lloyds_Dad wrote: »
    The only query I can see on this is that I cannot read the day and month clearly they stamped this as received is this enough to query this.

    Doesn't matter unfortunately :mad:
    Lloyds_Dad wrote: »
    Also they have enclosed reams of pages of which appears to be the credit agreement small print but not addressed to me.

    Doesn't matter unfortunately :mad:
    Lloyds_Dad wrote: »
    They have also sent an additional letter which is addressed to me but at my current address which is differnt from my orignal application stating a credit limit and is referring to my replacement card this is not dated at all.

    Doesn't matter unfortunately :mad:
    Lloyds_Dad wrote: »
    Do I have grounds to issue a query or should I scan and post the letters removing my personal details on here - Many thanks for your time

    At the moment it is pointless posting what they sent you - just confirm the above please..... thanks :D:D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    putty71 wrote: »
    Ok thanks for that. I need to get my scanner sorted, but will do hopefully tomorrow as works do on weds so probably won't even find my house let alone pc! I will know when I'm safely home as the ear bashing will commence!

    Is it easier to pM them to you?

    If you say it is called a 60 second application then it is not a CCA so you can send the letter as advised above - granted, they can issue an application and have the prescribed terms on the back which could be enforced but they should be using a proper consumer credit agreement - however it depends on the prescribed terms to b honest....

    Send the letter above and in the meantime post links to the letters you upload here and let us take a peek - it doesn't matter if you send the letter or not, i.e. it can't do any harm but will buy you some time to let us study your alleged CCA :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Back tomorrow - goodnight all :D

    N-i-D
    image.html?u=672511&dateline=1260925358
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Lloyds_Dad
    Lloyds_Dad Posts: 43 Forumite
    never-in-doubt wrote: »
    They usually are designed to look real, if not they can 'create' them from scratch lol



    Ok, please confirm is it an "Application form" or is it a "Credit Agreement Regulated by the Consumer Credit Act 1974"?

    It is a photocopy of my application from showing employers details etc although in the box where my signature is is states " This is a credit agreement regulated by the Consumer Credit Act 1974 . Sign it only if you want to be legally bound by its terms"

    Doesn't matter unfortunately :mad:



    Doesn't matter unfortunately :mad:



    Doesn't matter unfortunately :mad:



    At the moment it is pointless posting what they sent you - just confirm the above please..... thanks :D:D

    Many thanks for your help
  • putty71
    putty71 Posts: 252 Forumite
    never-in-doubt wrote: »
    If you say it is called a 60 second application then it is not a CCA so you can send the letter as advised above - granted, they can issue an application and have the prescribed terms on the back which could be enforced but they should be using a proper consumer credit agreement - however it depends on the prescribed terms to b honest....

    Send the letter above and in the meantime post links to the letters you upload here and let us take a peek - it doesn't matter if you send the letter or not, i.e. it can't do any harm but will buy you some time to let us study your alleged CCA :D

    thanks never
  • Blessed_+_highly_favoured
    Blessed_+_highly_favoured Posts: 19 Forumite
    Ok, when did you send the CCA request?

    Sent the letter at the beginning of December.

    What is the default date and what is the last payment date?

    Not got the last payment date to hand. Defaulted both on 12th June 2008 for both the loan and the bank account.


    What do you mean, please elaborate - this could be serious so need to know about this please?

    Sorry. Think I've confused you! Separate issue! What I meant that I was busy fighting my mortgage lender in court at the same time to fight repossession and that they were pestering me. The letters and stuff were threatening court as well.

    Are you paying £40p/m right now? When did you last make payment? Don't worry about what DCA's pay for the debt, that isn't really relevant right now - technically they can demand the full amount - whether you pay or not is a different story!

    Made the last payment on the 6th of last month. Sent the letter at the beginning of December. Did not pay Decembers

    :rotfl:they don't know their CCA very well - it should be s77-78 of CCA!

    Sorry my bad! Typo on my part, should be Section 77-79 (thats whats on my letter!)

    This means they have written to the Original Creditor (OC) - in this case Lloyds - requesting the CCA. This is part of their obligations and they are acting correctly. This is a good thing because it also confirms they will not seek to enforce repayment, i.e. stop paying! Do not make the £40 payments until you get the CCA in which case you post back again and we'll help you out.. :T

    Fair enough. I got the default letter for December and this letter on the same day.....

    You do not need to respond to this - they are asking what reasons you'd be taking it to court, but at this stage you will not be taking such action. If they do hassle you the reason would be that you wish to check the actual enforceability of the agreement such as establishing whether the prescribed terms are intact and complete. That is all they need to know right now lol - but ignore their letter - you need to await delivery of the CCA.



    Ignore this :D:D



    You're doing fine - calm down and chill. You're £40 a month better off already lol, but I do need to know about the comment 'they tried to take my house' - who and why?

    As explained above. Soz!! So do I just wait for their response?? How long should I give them?? If they provide the CCA what next???

    Good Luck :D[/QUOTE]
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Blessed_+_highly_favoured wrote: »
    So do I just wait for their response?? How long should I give them?? If they provide the CCA what next???

    Hiya

    Ok, you should give them around a month to provide the CCA - then come and post back if you've not heard anything or they send it you - round middle of January. Don't worry too much right now, we need to see what they send you first.

    I understand now that the repo was separate to this problem so will ignore it - I thought you were saying that Lloyds had tried to take your house for this debt :eek:

    Keep us updated of anything received.... :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
This discussion has been closed.
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