Original Card Agreement null and void?

catuk

Not sure about this but would like to hear other people's views.

The wording below is not by my hand, but it sure is interesting.

This I found here:- tpuc.org then click forum then click Help and Advice then click help and advice on clearing creditcard debt.

Mr Twinkle Toes
c/o somewhere over
The Rainbow
United Kingdom PLC


Account no:543***********************

Ref 786/980

06 April 2009

[Without Prejudice]

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I
require you to provide me with a true copy of the Credit Agreement relating to the
above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time
limit. You are reminded that should you fail to comply with my request, the
provisions of s.77(6) will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the
case of a simple assignment, and places a duty upon you to pass this request to the
creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.
If you contend that you purchased the rights but not the duties of any agreement, you
are reminded that s.189 of the Act is clear that an assignment is of both rights and
duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from
Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these
funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm
this in writing at the earliest opportunity, and certainly within the statutory time limit
for compliance, and return the fee.

Yours Sincerely
Twinkle: of the Toes Family

Their Risible Reply

Mr Twinkle Toes
c/o somewhere over
The Rainbow
United Kingdom PLC


Account no:543***********************

Ref 786/980

6th April 2009

Dear Toes

I write to acknowledge your recent request for information relating to sections 77/78 of the Consumer Credit Act 1974.

Unforttunately, you have omitted to sign your letter. May I ask you to submit fresh instructions ensuring your letter is signed. The bank policy is to establish the identity of the customer via a signature such that it can be compared with any other document (e.g. application) that we may hold. I apologise for the inconveneince this may cause you.

I have enclosed your postal order as the Bank is happy to waive any fees for the production of this information.

Yours Sincerely

Name Removed by me

Customer Resolutions Manager

I have been told not to sign any correspondence with any Bank in these sort of matters, and the application form is not the contract. Any thoughts guys and girls because if nothing else I have stopped them in their tracks with this one!

jonesMUFCforever

You what???????

EarthBoy

catuk wrote: »

..I have been told not to sign any correspondence with any Bank in these sort of matters, and the application form is not the contract. Any thoughts guys and girls because if nothing else I have stopped them in their tracks with this one!

I've no idea what you are on about, but whatever it is, if you don't sign your letters to the bank then they will (quite rightly) refuse to answer them and/or provide whatever information you are after. After all, unsigned letters could be from anyone, -how can you prove it was from you?

Either sign the letter, or shut up and go away.

gnaril

Good luck with that one.... Aint seen anyone yet on these forums who has had any sorta balance w/o as unenforceable yet. Just aint happening. And above poster is correct, if you aint signed your letter to them to dispute anything they going to bounce it right back to you.

Good luck anyways

davethorp

The advice not to sign the letter is of course correct though as there have been some unscrupulous debt collection agencies that are good with a scanner and photoshop.

I'm not going to comment on the legality of this approach to get debts written off mainly because I know this forum tends to frown upon it however if you do choose to do this it's up to you but do not sign anything