Unenforceability & Template Letters

never-in-doubt

Beeincontrol wrote: »

thanks, I have sent the first letter, to all 5 cards, the only ones not to give me the copy of the agreement is Egg. To top it all the ARC who sent the letter yesterday, just phoned me on my mobile, I am shocked how they got my no. they kept asking if I was who I was and i refused to go into discussion with them and knocked them off, Sorry I did type that out a bit flustered,:o

Hiya,

Ok those that have not yet responded after (14 days), needs the following letter to be sent with a copy of your original letter:

Reminder to CCA Letter

Dear Sirs,

Account No: XXXXXXXX

I refer to my letter dated XX MONTH 2009 in which I made a formal request under the Consumer Credit Act 1974 s.78 for true copies of the regulated agreement referred to in the above account number. You are reminded that you are obliged to supply these under sec.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00 for this account.

To date you have failed to comply with my statutory request and have defaulted in respect of this account. Additionally this alleged agreement is unenforceable until such time as the default is removed or enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as the default is removed.

Consequently I am ceasing all payments to your company until such time as this matter is resolved. It is also my intention to report this matter to the appropriate enforcement authority.

I await your prompt response.

Yours faithfully




Sign here

With regards to the egg CCA you have; check the following parts of the Prescribed Terms:

Credit Cards B, C & D

Prescribed Terms

A Amount of credit
A term stating the amount of credit

B Repayments
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

Which of these applies to you depends on the type of agreement you have?

For a Running Account (credit card) agreement

BC and D is applicable

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
• The money can only be used for the purpose it is given.
• There is no interest on the purchase (the cash price is the same as the total price)
• And there is no advance payment

A is applicable

For a fixed Sum Credit Agreement
A conventional credit agreement with none of the above restrictions

A and B is applicable

For a Hire Agreement

B is Applicable

Beeincontrol

Thanks very much for your prompt reply I will send them this letter, I will keep you updated ,:D

BlueJeans_2

I have rec'ed T&C's from a number of creditors but no actual agreements (which I don't believe they will have).

I sent the account in dispute letter a number of weeks ago but some creditors are still adding charges and interest on the account.

Many thanks to another poster on another thread who advised going to TS but I was just wondering if I should send another letter to the creditor first advising them of my next step and to see if they confirm they don't have the copy.

TIA for any advice (my head is in a pickle with all the letters I have been reading through:o).

Blue x

never-in-doubt

Basically you must cease payments - let them add whatever they want, you just dont pay!

Forget TS - they have no power, who told you this course of action? lol

The only bodies relevant to you are ICO & FOS.

BlueJeans_2

never-in-doubt wrote: »

Basically you must cease payments - let them add whatever they want, you just dont pay!

Forget TS - they have no power, who told you this course of action? lol

The only bodies relevant to you are ICO & FOS.

Thanks never:beer:
So I just shouldn't make anymore contact with them.

I entered into a self managed DMP and made my last pro-rata payment at the end of last month.

I thought I should maybe fire off another letter to see if they confirm they don't have it? As ideally I would like to be in a position to offer a F&F.

Thanks again

never-in-doubt

BlueJeans wrote: »

Thanks never:beer:
So I just shouldn't make anymore contact with them.

I entered into a self managed DMP and made my last pro-rata payment at the end of last month.

I thought I should maybe fire off another letter to see if they confirm they don't have it? As ideally I would like to be in a position to offer a F&F.

Thanks again

But you have a default already right? If so, then why pay anything when nothing will change - you'll still struggle for 6yrs....

See where i'm coming from? If you make a F&F then they will not remove the default, unless of course you negotiate this at the time but not many lenders are accepting such agreements.

Did you send the request off recorded post and have they cashed the £1 CCA request fee you sent?

BlueJeans_2

never-in-doubt wrote: »

But you have a default already right? If so, then why pay anything when nothing will change - you'll still struggle for 6yrs....

See where i'm coming from? If you make a F&F then they will not remove the default, unless of course you negotiate this at the time but not many lenders are accepting such agreements.

Did you send the request off recorded post and have they cashed the £1 CCA request fee you sent?

Yeah, everything recorded and showing as delivered and cheques cashed.

T&C's rec'ed but nowt else. I just feel a tad nervous in not paying them.

pavan_2

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

never-in-doubt

BlueJeans wrote: »

Yeah, everything recorded and showing as delivered and cheques cashed.

T&C's rec'ed but nowt else. I just feel a tad nervous in not paying them.

Why? you do not need to pay if they are in default of your demand..... They cannot touch you, all they can do is default you which i'd assume they have already done anyway?

If they have signed the cheques and not responded then you simply ignore them until they do respond. :beer:

BlueJeans_2

never-in-doubt wrote: »

Why? you do not need to pay if they are in default of your demand..... They cannot touch you, all they can do is default you which i'd assume they have already done anyway?

If they have signed the cheques and not responded then you simply ignore them until they do respond. :beer:

Hi never

Yeah we have a few defaults now as we entered into our DMP at the end of August.

I know they can't do anything but I am cacking it all the same:o.

I will withhold payment this month.

Thanks again for your help and no doubt I will be back:D