Unenforceability & Template Letters

captainhaggis

never-in-doubt wrote: »

the prescribed terms will be incorrect anyway, they know this or they'd have sent the right version relating to you (i.e. a copy of the original)

I thought they did?

never-in-doubt

captainhaggis wrote: »

I thought they did?

Is it signed by them? Its that copy you need to get hold of mate -

They aint sent that copy have they? Until they do the prescibed terms are not compliant....

Don't be looking into things too deep - you're trying to create something that isn;t really there. Just relax and go with the flow....

captainhaggis

never-in-doubt wrote: »

Is it signed by them? Its that copy you need to get hold of mate -

They aint sent that copy have they? Until they do the prescibed terms are not compliant....

Don't be looking into things too deep - you're trying to create something that isn;t really there. Just relax and go with the flow....

I think I love you.... :D:rotfl:

never-in-doubt

captainhaggis wrote: »

I think I love you.... :D:rotfl:

LOL, that's a sign you've had too much beer mate! But seriously, don;t worry just chill out and go with the plan, they have already messed up and each reply they send you will have more errors which = more ammunition!

Let us know how you get on :beer:

captainhaggis

Letter printed and enveloped to go to LTSB! Standing order cancelled accordingly.

A letter also prepared for Egg. I'm going to proceed with the unenforceability route at this stage, NID. I think the default was sent before I actually changed my address (there was a kinda overlap) so I'm going to give them the benefit of the doubt in that regard.

HOWEVER, I'm sending them a letter to update/prove my new address (even though my new address shows already on egg.com where I changed it two years ago). I'm also putting the CCA request and £1.00PO in the same envelope.... That'll be OK, won't it? To ensure they both get actioned at the same time?

evilcartman

I was in the process of getting Torston to enquire on my behalf about the enforceability of my Egg credit card, but just a few days ago got an abrupt email saying their solicitors aren't taking on any more cases.

I then tried Simply Claims and a couple of days later a representative of theirs rang to say they would look at my claim if I paid a £200 upfront fee (which their website doesn't mention), so I passed on that one.

So are there any no-fees companies still taking on unenforceability cases or is it strictly a DIY job from now on? Anyone had any luck taking on Egg by themselves? And can I force them to send me my CCA by providing a digital signature only?

Thanks.

never-in-doubt

evilcartman wrote: »

I was in the process of getting Torston to enquire on my behalf about the enforceability of my Egg credit card, but just a few days ago got an abrupt email saying their solicitors aren't taking on any more cases.

I then tried Simply Claims and a couple of days later a representative of theirs rang to say they would look at my claim if I paid a £200 upfront fee (which their website doesn't mention), so I passed on that one.

So are there any no-fees companies still taking on unenforceability cases or is it strictly a DIY job from now on? Anyone had any luck taking on Egg by themselves? And can I force them to send me my CCA by providing a digital signature only?

Thanks.

Don't pay anyone - they cannot offer anything other than the same you can do yourself for free. You simply follow the process on page 1 and it will cost you £1 - maybe (if you need to send a SAR) it could cost an extra £10!

You cannot force egg or any lender to do anything, what you can do is is force their hand to supply it or you cease paying..... however its up to you what you do.

debt_obsessed

Hi there,

I finally received a reply from Bryan Carter Solicitors who have my Egg account. They have just sent me copies of all my credit card statements - no agreement. What letter should I send now?

Many thanks in advance for any help :A

yello_2

Hello,
Buchanan Clark & Wells have been chasing me for a £3507 debt which isn’t mine. I sent them the CCA request letter and they have returned my postal order and told me that they have closed the file at their office. However, they said that I would have to contact their clients (Aktiv Kapital) to request a copy of a CCA. I have been chased for this debt at a previous address by Thames Credit and I want to make sure it doesn’t just get passed to another debt collection agency. Even though the debt isn’t mine the letters are intimidating and worrying. What is the best next step that I can take? Should I send the CCA request to Aktiv Kapital? Would the letter be the same format as the standard CCA request?
Any advice really would be gratefully received.

captainhaggis

debt_obsessed wrote: »

Hi there,

I finally received a reply from Bryan Carter Solicitors who have my Egg account. They have just sent me copies of all my credit card statements - no agreement. What letter should I send now?

Many thanks in advance for any help :A

Firstly, send this one giving them another 30 days to respond to your request :

Reminder to CCA Letter

Dear Sirs,

Account No:

I refer to my letter dated XXXXXX in which I made a formal request under the Consumer credit act 1974 sec 77-79 for true copies of the regulated agreement refered 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 digitally

If after those 30 days they still don't actually give you what you've asked for, send them this one :

Account in Dispute - Section 10 Notice

Dear Sirs,

Account No:

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.
(date = 12+2 days after you sent the CCA request - delete this text)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore;

You are aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter and look forward to hearing from you in writing within 30 days.

Yours faithfully




Sign digitally