pre-2007 debts

CeeBeeDeeBee

Thanks DarkConvict and RAS

RAS - I will scan it tonight and put it up - where is the best place to upload it to?

RAS

try photobucket or flickr - people have used both successfully.

I may not be around much tomorrow or over the weekend but others will be and I will check in on Monday as well.

fermi

For some reason the forum won't show up a lot of your previous post for me CeeBee....

From some that I can see, I doubt very much what has been sent is enforceable.

As said, if you can post up what you have received then we can have a look.

stapeley

I,ve had the same thing , I just write off again disputing that they have compiled with my request .

never-in-doubt

stapeley wrote: »

I,ve had the same thing , I just write off again disputing that they have compiled with my request .

Yes, thats all you do - send the CCA Dispute / S.10 (DPA) letter and ignore them until they send a CCA. They will only be able to default you, nothing more - nothing less.

Have a mooch here for idea's and templates etc: Unenforceability & Template Letters

never-in-doubt

CeeBeeDeeBee wrote: »

Hi Stu and welcome

The best person to ask is Never In Doubt, he has a massive thread running on this board just post in there and he will put you straight.

I already did in the posts he put on the Unenforceability & Template Letters thread.......

Similarly, on that note you just send them the Dispute/s.10 letter (page 1 of above linked thread) and then ignore them until they provide a valid and lawful CCA (i.e. never) and after 6yrs its statute barred and all trace removed from your credit record.....

CeeBeeDeeBee

Hi everybody, Ive put the application form that Credit Direct/M&S say is the CCA here

http://s640.photobucket.com/albums/uu125/CeeBeeDeeBee/

As I've said Collect Direct say in their latest letter -

"Thank your for your recent letter (courtesy of Never In Doubt ) Please find enclosed a copy of your credit agreement/application which are one and the same. We consider this copy perfectly legible. As we have previously advised you, our client considers this agreement to be fully enforceable. blah blah blah ..."

So can the application form be an enforcable CCA as it has all the prescribed terms on it? Or does it have to go application form > application accepted > they send a CCA which I sign and send back?

never-in-doubt

It looks like page 1 is the application form, pages 2&3 are the Consumer Credit Agreement.

I cannot confirm whether enforceable or not as cannot read all the parts but from first glance it appears ok but without seeing full size i'd not confirm this....

CeeBeeDeeBee

Thanks Never In Doubt.

So for it to be enforcable it doesn't need to have the credit card number or credit limit on it? Just the phrase 'We will determine the Credit Limit for the Account from time to time and notify you of it'.

I thought this was just a 3 page application form and that they should have sent me a CCA to sign and return once I had been accepted and a credit limit determined.

fermi

A CC agreement needs:

• A term stating the credit limit or the manner in which it will be determined or that there is no credit limit.

• A term stating the rate of any interest on the credit to be provided under the agreement and:

• 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.