Unenforceability & Template Letters

never-in-doubt

Bleddry wrote: »

Just to add, the first CCA request was not a template letter - just me asking for a copy in response to one of their numerous letters. So when I came across this thread, I sent the formal CCA request incl. £1, which is the letter that will have crossed in the post.

You do not need a signature in the first place - you should always sign digitally or print your name - never give them excuse to cut/paste the signature!

If they do not respond as directed then simply make it unenficeable and send the 2nd letter off, they have breached the terms therefore allowing unenforceability to remain until such time they send a CCA or admit to not having one.

gtsevans

:mad:Sorry if this is not the right place to post this. However, I would really appreciate your advice/help.

One of my parents has credit card debt £10k each on 2 different cards. Is the debt a joint liability if they stop paying the debt off. Can the credit card company go to the other partner to recover their debt.

Is there any possibility of having this debt removed. They are currently paying a minimum balance agreed via the CAB from over 2 years ago. They are about to go into rented accomm.

Many thanks

Bleddry

Thanks for that, but did you see my post on here prior to that one?
...
I sent a CCA request, and got the following letter back from the banks in-house solicitors:

'Unfortunately, we are unable to comply with your request as the signature on the letter does not match the given signature on our clients file.
We respectfully request that you resubmit your letter with a valid signature.
We trust this clarifies matters.'

I have been corresponding with these people for some time now, and they have had another CCA request that would have crossed in the post with this letter.
I sign my letters in the same way all the time, so not sure what they are talking about. (I read the advice about printing your name, but too late for that now).
Any thoughts please.

never-in-doubt

gtsevans wrote: »

:mad:Sorry if this is not the right place to post this. However, I would really appreciate your advice/help.

One of my parents has credit card debt £10k each on 2 different cards. Is the debt a joint liability if they stop paying the debt off. Can the credit card company go to the other partner to recover their debt.

Is there any possibility of having this debt removed. They are currently paying a minimum balance agreed via the CAB from over 2 years ago. They are about to go into rented accomm.

Many thanks

The debt is singular if it is Credit Card - it cannot pass between partners no. Even if dad had the card with mum as additional cardholder, doesn't matter - only dad could be pursued.

Read thread at page 1 for details of how to check for unenforceability

never-in-doubt

Bleddry wrote: »

Thanks for that, but did you see my post on here prior to that one?

Yes sorry I also edited my previous post....
...

Bleddry wrote: »

I sent a CCA request, and got the following letter back from the banks in-house solicitors:

'Unfortunately, we are unable to comply with your request as the signature on the letter does not match the given signature on our clients file.
We respectfully request that you resubmit your letter with a valid signature.
We trust this clarifies matters.'

They always say this, just remind them that no signature is required - this letter (shown on page 1) #7

All letters are on page 1 of this thread!

Bleddry wrote: »

I have been corresponding with these people for some time now, and they have had another CCA request that would have crossed in the post with this letter. I sign my letters in the same way all the time, so not sure what they are talking about. (I read the advice about printing your name, but too late for that now).
Any thoughts please.

Ignore them, send the letter above with a copy of your latest CCA request and remind them that the time is counting from the date they received the first demand and if the 14 days have already expired then they will be liable for default and as such should cease all processing of data with CRA's and also cease all collection activity until such time a CCA can be produced.

Page 1 explains all this in detail....

never-in-doubt

Bleddry - give me 20 minutes and i'll do the letter for you! Can you confirm the following for me to allow me to do it for you:

Date of your first CCA request
Date they signed for CCA request
Date the cheque of £1 was cashed
Date of their letter to you
Date of the most recent (I assume your 2nd) CCA request?

Cheers - then give me half hour and i'll do your letter, they will then respond with no probems

Bleddry

Thank you again, I will do as you suggest.
This was the first time that they had acknowledged my letter. However, in a previous letter they said that I'd paid some off the account (although none showed on the balance) and therefore required me to call to arrange further payment. I sent them a letter explaining that as per my previous correspondence I've never been in a situation to pay them anything. I requested they check to ensure they had not allocated some else's payments to my account, but they have never acknowledged this, despite several requests to do so. Now this latest letter just sounds so bizarre, writing to me at my home address to tell me my sig. on the letter requesting the CCA doesn't match theirs, and to send it again? They must have at least a couple of dozen copies of my sig. already!

never-in-doubt

never-in-doubt wrote: »

Bleddry - give me 20 minutes and i'll do the letter for you! Can you confirm the following for me to allow me to do it for you:

Date of your first CCA request
Date they signed for CCA request
Date the cheque of £1 was cashed
Date of their letter to you
Date of the most recent (I assume your 2nd) CCA request?

Cheers - then give me half hour and i'll do your letter, they will then respond with no probems

Can you provide me these dates and i'll sort this for you mate

Bleddry

Sorry, I posted my last message, not seeing your earlier one!
I originally requested CCA on 15 July, but this was not the professional template version (I hadn't come across this site then). So it was just me requesting the info without sending any payments. I reminded them again on the 17 August whilst responding to another computer generated from them. I referred them to my previous correspondence again on the 19 August in response to another computer generated, and on the 28 August sent the template version with £1 cash taped to letter and note that it was to be used for this purpose only (again this was in response to their letters and I also have proof of posting). This most recent letter from them I received today, but it's dated 25 August and they are acknowledging (for the first time) my letter dated 17 August.
Thanks for your time.

never-in-doubt

Try sending the letter below, see how you get on with this. They have a duty to respond so you should find they act now, it will be obvious to them you've either sought help or have learned the process cos this letter leaves them with no uncertainty of the law, where you stand and what has to be done, highlighting any punishment for failure to comply.

---

Letter to send the in-house solicitors

---

Dear Sirs,

Account No: XXXXXXXX

I refer to previous correspondence, and in particular my previous two requests in which I made a formal request under the Consumer Credit Act 1974 (CCA 1974) s.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 s.189 of the CCA1974 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00 for this purpose.

To date you have failed to comply with my statutory request and have defaulted in respect of this disputed account (the account is in dispute and will remain so until you provide the alleged agreement). 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 and until such time as the default is removed.

Consequently I am ceasing all communication with you until such time as this matter is resolved. As you are no doubt aware, the CCA1974 s.77(6) clearly 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. Furthermore, you may also consider this letter as a statutory notice under s.10 of the Data Protection Act (DPA1998) to cease processing any data in relation to this alleged 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 and if necessary I will seek enforcement to disclose using CPR 31.16.

You should also be aware that you are not permitted to take any action against me whilst the alleged account 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.

In your letter you make reference to requiring my signed authorisation in order to comply with my statutory request. To clarify, i'd like to draw your attention to the fact that the CCA1974 does not require that i supply you a copy of my signature. If it is for Data Protection (DPA1998) purpose then I may supply you with documentation to substantiate my identity to you.

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address and so I have to ask, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data Protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

May I suggest you stop playing me for a foll and start by acting responsibly and to the letter of the law. I am not accepting your excuses and the clock is ticking, you have a further 14 days from the date of this letter in which to supply me with a copy of the alleged agreement. Failure to do so will result in you having 30 days from the date of this letter in which to supply me with a detailed reason as to why you believe you have the right to continue to process my data.

I await your prompt response.

Yours faithfully




Sign digitally

Wouldn't you just love to be a fly on the wall to the poor sod that opens this one morning? He/She'll think Oh My Lord! :rotfl: