Credit Card Co. sent me an illegible application form (CCA)

JLHE

Cheers NID! It's optimism and assistance I need, not judgement! We'll save that for the courts, eh! :rotfl:

never-in-doubt

JLHE wrote: »

Cheers NID! It's optimism and assistance I need, not judgement! We'll save that for the courts, eh! :rotfl:

Well just to make you smile, yet again (time for me to gloat now) - we were right all along!

http://www.ft.com/cms/s/0/5c6ddd3e-006b-11df-b50b-00144feabdc0.html?catid=73&SID=google&nclick_check=1

Lenders will no longer be able to stall by saying they cannot find the agreement, or create a new one with the correct terms and conditions, Mr Wright says.

“This is a major victory for consumers and will open the floodgates. All the loopholes that lenders have been using to avoid redress have been removed by the High Court. Where a bank or credit card company is in breach of Section 78 of the act the agreement is legally unenforceable,” he said.

never-in-doubt

JLHE wrote: »

Now I've had a letter from their in-house solicitors, saying that if I don't pay up or make reasonable offers within 7 days, they are likely to instruct court proceedings. What next?

never-in-doubt wrote: »

They sent an illegible agreement right? If so then you simply respond and tell them any court action will be defended and you will seek strike-out at the point of contact due to the fact they are in default of your CCA Request in line with s.78 of the Consumer Credit Act 1974. Remind them no action can be taken against a disputed account and any legal action they attempt will result in an application for your costs being you've warned them in advance that they have no legal right to pursue legal action.

You would simply respond to the court that sends any papers requesting strike-out on the basis the OC cannot take action anyway. Simples.

Hiya

Ok, you need to send the following letter to their in-house solicitors. Can you confirm this is in relation to the debt with the illegible agreement? I thought it was crappy1 but your PM suggests its Natpest mate? If it is Natpest, have they sent an illegible agreement? Sorry if i'm confusing things but I help a lot of people daily so its hard to remember each case :rolleyes:

Assuming it is regards to Natpest with the illegible agreement, then you send the following letter mate (to their in-house solicitors):

Dear Sirs,

Account No: XXXXXXXX

I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with Natwest and has been since they failed to acknowledge my CCA Request in line with current Consumer Credit Act (1974) regulations; in particular s.78 of the said Act.

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's debt collection guidelines.

Being that Natwest are formally in default of my CCA Request (and OFT Debt Collection Guidelines), I consider this account to be in serious dispute, especially due to the fact that whilst the CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127 (CCA1974). The agreement sent to me is illegible and as such, is currently unenforceable.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to Natwest for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action, may I also draw your attention to the draft OFT Guidance due out shortly, which confirms that under sections 77-79 of the Consumer Credit Act, lenders must supply a “true copy” of the original signed loan agreement within 12 days of the borrower asking for it. If they do not then the debt is unenforceable until the copy can be provided.

The draft OFT guidance says that during that time, a lender cannot write to a debtor demanding payment or threatening legal action.

I look forward to your confirmation that this account has been passed back to Natwest for compliance of my CCA Request.


Yours faithfully




Sign digitally

Arfhurdaly

I'm going to CCA some of my creditors. I have been reading through various posts, the end game seems to be, that the creditors cant take you to court, as they cant prove enforceability, so your debt just sits there, until it is wiped clean after 6 years due to statue-barring.
However, what happens if the law changes, during those 6 years, you are then responsible for the debt again.

Is it not better to prove unenforceability, then go down the F&F route, just to avoid any legal changes/challenges which could crop up?

Any advice much appreciated.

Arfhur

JLHE

NID -

That's brilliant news that!

Also thanks a lot for posting that letter, mate! :beer:

never-in-doubt

Arfhurdaly wrote: »

However, what happens if the law changes, during those 6 years, you are then responsible for the debt again.

Arfhur

Hiya - no, things like that would not be done retrospectively, it would be from a particular date. Not backdated.

Arfhurdaly

never-in-doubt wrote: »

Hiya - no, things like that would not be done retrospectively, it would be from a particular date. Not backdated.

N-I-D,

So what happens if a law is passed that states a creditor doesnt need a cca, they'll then go after every debt, which they thought was a lost cause before...no?

Also, in your experience, if a creditor admits (in a round-a-bout way) they cant enforce a debt, would they likely take 20% offers for that debt, or still demand 50%+?

Arfhur

never-in-doubt

Arfhurdaly wrote: »

So what happens if a law is passed that states a creditor doesnt need a cca, they'll then go after every debt, which they thought was a lost cause before...no?

It will never be passed in law, otherwise the CCA may as well be disbanded, yea? The CCA is an Act, it cannot just be taken out the equasion....

Arfhurdaly wrote: »

Also, in your experience, if a creditor admits (in a round-a-bout way) they cant enforce a debt, would they likely take 20% offers for that debt, or still demand 50%+?

The lender never entertain offers, why would they? If it goes to the DCA they will accept offers, but don't worry cos if they hint that they don't have an agreement then you wouldn't pay and you'd be hoping they take it to court!

JLHE

I got a letter from their solicitors who have now decided to close their file and pass it back to the credit card co.

Then I get a letter from a Debt Collection Agency and this time it's not in-house. They're threatening all sorts if I don't cough up asap.

Should I now be reporting the Credit Card Company? They have been warned and this is out of line. If so, who do I complain to? Anyone got an address?

Thanks!

never-in-doubt

JLHE wrote: »

Should I now be reporting the Credit Card Company? They have been warned and this is out of line. If so, who do I complain to? Anyone got an address? Thanks!

Basically you send this to the new DCA mate :

Dear Sirs,

Account No: XXXXXXXX

I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with **Original Creditor ** and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974).

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.


Yours faithfully




Sign digitally