Unenforceability & Template Letters II

never-in-doubt

Numpty_Monkey wrote: »

Just got a copy of my Credit Card Application form (barely legible) looks like sent by fax
and 4 pages of T&C's (can read clearly)

Hiya

Just send this mate 3. CCA Query

never-in-doubt

fermi wrote: »

http://www.consumeractiongroup.co.uk/forum/legal-issues/216538-claim-stayed-due-unenforceable-35.html

Afternoon Fermi, well i'm very disappointed with that verdict - what on earth is going on here, I actually thought the law was black and white yet still we're messing around over a technicality! Bottom line, if the goddam lender had an original then they should copy and send it - simples :p

I am miffed :mad::mad::mad:

What say you, or are you still getting your head round it?

Numpty_Monkey

Thanks mate I will

You just go !!!!!! off and have a good Christmas,

Numpty_Monkey

With all these bad judgements going around ,
makes you wonder how many Lordships Knighthoods, other undeserved gongs,
Executive Director type things are going to be dished out:whistle:
or am I just a suspious monkey

Glad I'm not clever:D

Remember the law is an !!!;)

cejsmith

fermi wrote: »

VERY hard to read that first page, but it does seem to contain the prescribed terms.

So could well be enforceable.

Well that could be bad news!!!!

Couple of questions though, so the credit limit statment doesn't actually have to have a figure , just a woolly defininition, also don't the signitures have to be on the same page as the prescribed terms??

smifff_2

Hi all,

Just got a reply to my second CCA to Mastercard, not sure what to make of it because the person that sent it is either blind or stupid or both.

This is what the letter said, bearing in mind all my letters to them includes my account number and their letters to me includes my account number including this one.

Here goes,

Referance section 78 of CCA1974
Barclaycard Account number *****************

Thankyou for your request for information under CCA1974.
Based on the information you have given we are unable to locate your Barclaycard account number. Please provide further information to allow us to proceed with your request.

Yours Sincerely.

Am i missing something here, the letter they sent me has my account number on it in 3 places yet they can't find my account number.

I'm thinking thatas they can't find account number then maybe it doesn't exist so I'll just ignore them in future.

Happy Christmas everyone.

fermi

cejsmith wrote: »

Couple of questions though, so the credit limit statment doesn't actually have to have a figure

Nope. It doesn't.

The regs state it may be expressed as any of:

(a) a sum of money;

(b) a statement that the credit limit will be determined by the creditor from time to time under the agreement and that notice of it will be given by him to the debtor;

(c) a sum of money together with a statement that the creditor may vary the credit limit to such sum as he may from time to time determine under the agreement and that notice of it will be given by him to the debtor; or

(d) in a case not falling within head (a), (b) or (c) above, either a statement indicating the manner in which the credit limit will be determined and that notice of it will be given by the creditor to the debtor or a statement indicating that there is no credit limit.

fermi

smifff wrote: »

blind or stupid or both.

Both. :rotfl:

Or really desperate to delay responding while they 'hunt' for an actual agreement. :rolleyes:

fermi

never-in-doubt wrote: »

What say you, or are you still getting your head round it?

Not had a chance to read it through properly yet, let alone anything else. :undecided

fermi

blind-as-a-bat wrote: »

And i am slowly getting past being able to read it or anything else:p

Same here.

Hic!..............

blind-as-a-bat wrote: »

It will still be there in a couple of days


So for now, i think its time to forget all this, concentrate on what is important, family and friends.;)

And join me in glass:D


Merry Christmas everyone

Cheers Bat. Double JD on me.