Unenforceability & Template Letters

Jackswan_2

This thread has gone very quiet.

BigBro_1980

I think the OP is away at the moment.

Jackswan_2

Just an update. It took two letters with a standard Credit Agreement document forwarded to me before Sainsbury's Bank actually produced a copy of the Credit Agreement I had signed in May 2001 although it does not state the rate of interest, it does not state the credit limit, or is explicit about repayments.

They mention that back in 2001 they had supplied me with this signed credit agreement form, they also state that there is no requirement under Section 78 to provide a copy of the original signed agreement. They also state that "whilst regulation 3 provides every copy of an executed agreement shall be a true copy, Regulation 3(2) (b) provides that a copy can omit any signature box, signature or date of signature.

It makes me wonder whether these banks have their own interpretation of the CCA Act 1974.

I am undecided what to do next, whether to pursue the complaint as the form does not contain the details required - repaymetns, rate of interest, or credit limit.

sandraroffey

hope i am on the correct thread here.

i have written to La Redoute (redcats) many times over the last 18 months, first requesting PPI repayments, and secondly asking for a true copy of the CCA. now, the sent me a copy of what they say is their standard agreement form BUT it didnt have anything entered on it. my name wasnt there,nor my address, nor was it signed by me. it was completely blank of anything. not even an account number.

is it fair to say that this isnt a true copy of my CCA???

there was small print stuff like what i would be charged if i missed a payment, but the info is so outdated, its really old and i certainly havent had any updated letters telling me that terms and conditions have changed. nor did they send me any copies of letters that would appertain to the so-called agreement.

what do i do next. the agreement is a joke. there isnt anything on there to link it to me, it could apply to anyone - and probably does.xxx

emlc27

Hello everyone what a great forum! :-)

I have managed to clear two defaults from my credit report due to lots of letters and research. There were two unsecured loans.

Now I am going to help my BF with his credit card debts. He is currently paying Debt stop direct each month. I have suggested to him to stop paying them and I will write the letters and make arrangements on his behalf.

So first off I got a copy of his credit record. He has two defaults, I am going to stop payments to them as they have defaulted already. As all the credit cards are before 2007 I am going to write asking for the original copy of the agreement. Do you think that is the right place to start?

Thank you Emma

evo8uk

Hi i am new to this stuff but thought i would give it ago having looking through this site and many others. My situation is not that bad really but i have an AQUA credit card and the interest on it is killing me. I took this card in 2006 and have sent the orginal letter asking for the CCA.

Now presuming that they send me this and it is unenforceable I dont know what i should do ? I have been making payments on time etc etc my credit rating is getting better so i dont really want to stop paying them and get a default so i was thinking could write to them and negoiate with them to either short settle the account as it is better for them if it doesnt default ? or ask them to freeze the interest on the account ? either way it will benefit them and as they are in the wrong i cant just continue like they havent done nothing.

rebel2

Hi, Really sorry about this but how do you send the template letters to word so I can drop in the dates etc?. I'm quite new to computers and it may sound daft to you!. I don't have to type the whole letters out from scratch do I?:eek:

captainhaggis

rebel2 wrote: »

Hi, Really sorry about this but how do you send the template letters to word so I can drop in the dates etc?. I'm quite new to computers and it may sound daft to you!. I don't have to type the whole letters out from scratch do I?:eek:

Place your mouse at the very start of the template - just before the first letter in the heading/subject/first paragraph.

Click the left mouse button and hold it down. DRAG the mouse down the the bottom right of the template text you need (just after the last letter) and you should see the background turn black and the letters turn white.

Release the mouse button but don't press anything. The letters should still remain white against a black background.

On your keyboard hit CTRL and C at the same time.

This copies the text to your computer's clipboard.

Open Word and in a new document hit CTRL and V a the same time.

This should paste the text in to Word for you to edit appropriately.

Good luck )

emlc27

Can you ask a mobile phone company for a copy of the originall agreement

mt191919

I have received the signed CCA I requested from Nationwide.

But the term states 36 months, when I actually took the loan out over 42 months. This also means the 'monthly repayment' figure is incorrect.

Does this make my loan un-enforceable?