Unenforceability & Template Letters II

JohnInDebt

I issued a CCA request and the terms and conditions that I have received back aren't the terms and conditions that formed part of the agreement, i.e. they make reference to parts of an agreement that do not exist on my version (they did on later agreements but not on mine). Basically they have sent the T&C's from later agreements.

Is there a fancy template letter I can sent back to ask them for the proper terms and conditions for my agreement or should I simply write a letter saying "You sent the wrong terms & conditions" and leave it up to them to supply the correct ones?

never-in-doubt

JohnInDebt wrote: »

Is there a fancy template letter I can sent back to ask them for the proper terms and conditions for my agreement or should I simply write a letter saying "You sent the wrong terms & conditions" and leave it up to them to supply the correct ones?

Click this link and the middle letter should cover you!


16. Various CCA Query Letter 'Variations'
Variations of CCA Queries, i.e.
- CCA Dispute - Illegible Copy Document Supplied;
- CCA Dispute - Terms & Conditions Supplied;
- CCA Dispute - Copy Document Supplied;

HotLegs

Morning Nid
I just received the CCA , it appears to me that there is no specified credit limit or reference to the amount of credit given, just a vague 'we will give you notice', and no agreement date (were I signed), also my first name is mispelt & not written in my handwritting, I am not very sure can you have a look please?
Photobucket blurred the scan, here is a close up of the credit limit:

They also sent me a copy of the current terms : it looks like a very recent amendment to the agreement with the correct information this time (i am not sure if i was asked to sign and return acceptance of the revised terms as part of an expired credit card replacement) All the debt was before this revised agreement.


Many thanks for your time Nid it really means alot

never-in-doubt

hiya Hottie - you need to edit these uploads cos too much info available like mums maiden name etc! Delete all personal details.....

The fact that there is no date doesn't matter too much, similarly with the credit limit - all it has to do is mention 'they will determine your limit from time to time' or words to that effect.

I'll check properly later but edit the images asap cos you can figure out the old card numbers and mums maiden name etc and make the images bigger! I can't read them lol

HotLegs

never-in-doubt wrote: »

hiya Hottie - you need to edit these uploads cos too much info available like mums maiden name etc! Delete all personal details.....

The fact that there is no date doesn't matter too much, similarly with the credit limit - all it has to do is mention 'they will determine your limit from time to time' or words to that effect.

I'll check properly later but edit the images asap cos you can figure out the old card numbers and mums maiden name etc and make the images bigger! I can't read them lol

Thanks Nid, could I email them to you better? I've put the photobucket account on private until OH can delete things.

never-in-doubt

HotLegs wrote: »

Thanks Nid, could I email them to you better? I've put the photobucket account on private until OH can delete things.

Hiya

I've PM'd you my email addy.

Numpty_Monkey

Niddy help a thick one please:D
a bit of clarifiction (long word off for a liedown:o) if you could

the stuff I got post #1083 and post #1084

Which letter do I send, Numpty is confussed:o
It looks like an illedgeable copy of a an application form with 4 pages of T&C's
I'm not sure if they were the ones at the time

I think the Loan stuff they sent looks o,k,
It doesseem to haxe all the dodas on it mentioned in
5. Prescribed Terms


PS

watch out for the Arms/DT we don't want you PPR'd:eek:

k4j

Hello N-I-D,
Hope you had a good new year!!!!
I have not received anything from Sky card. I sent 14 days reminder letter to them but still have heard nothing from them. The abbey and virgin card have asked me for more time. The store card have not replied.
Capital one replied but not the original CCA, just a copy of terms and conditions.
They also tell me on the letter they are not obliged to send me a copy of the default notice under section 78. But they confirm the date i defaulted.

Hsbc have replied and everything looks as it should! It has my signature and it seems to me its enforceable. But they replied with all the details for the credit card but not the overdraft account.
Barclaycard have replied but it doesn't look like the original CCA. When i sent them the letter you told me to send them, they replied

" while there is no formal obligation on our part to provide documentation in answer to validation of debt correspondence, we have undertaken steps to provide you with the contractual terms under which your financial obligations arise and a statement of account.

I am fully satisfied that the sum out standing by you remains legally due and payable.
You should continue to repay the outstanding balance owed on your account. If you do not we may register a default against you with credit reference agencies, although we will formally notify you before doing so.

We do not class the account to be in dispute, you have been supplied with the relevant documentations under section 78 of the consumer credit act 1974, you should carry on paying the debt. If you send us further correspondences questioning compliance with these areas of law, we are not obliged to respond beyond the statutory response we have already given you……………….”

What do I do next regarding the Barclaycard?

I would appreciate if you could tell me what my next steps are.

Thank you in advance.
　
　

never-in-doubt

Numpty_Monkey wrote: »

the stuff I got post #1083 and post #1084

Sorry mate - missed that totally! Both of them! lol

Illegible terms is page 1 - letter 16 (first letter), like this:

16. Various CCA Query Letter 'Variations'
Variations of CCA Queries, i.e.
- CCA Dispute - Illegible Copy Document Supplied;
- CCA Dispute - Terms & Conditions Supplied;
- CCA Dispute - Copy Document Supplied;

Numpty_Monkey wrote: »

Which letter do I send, Numpty is confussed:o It looks like an illedgeable copy of a an application form with 4 pages of T&C's I'm not sure if they were the ones at the time

See above - numpty is no longer confused and has seen the light :D

Numpty_Monkey wrote: »

I think the Loan stuff they sent looks o,k,
It doesseem to haxe all the dodas on it mentioned in 5. Prescribed Terms

If it doesn't contain the Prescribed Terms (remember a loan is different to the credit card - have you checked page 1).... send this:
3. CCA Query

Numpty_Monkey wrote: »

watch out for the Arms/DT we don't want you PPR'd:eek:

LOL, have I been naughty mate, in your opinion - if so i'll stop going in cos I can't afford to get PPR'd and leave you lot in the !!!!!! lol...? Think its best I stop going in there? It does get a tad controversial I guess......

burton_trade_kitchens

Hi Never in Doubt.
Firstly I hope you had a good xmas break and happy new year to you.:beer:
I have now sent 3 letters to each of my credit card providers and would appreciate some advice please if you have time.

1st
egg card - they sent me back my CCA and everything was in order.

2nd
Barclaycard - they sent me usuall rubbish, I replied with follow up letter, they sent me more rubbish telling me I had to pay and the matter was closed. I sent off a 3rd letter that you gave me saying that this was not acceptable and have not heard from them since.

3rd
Citi card
They have not replied to my request or follow up letter. However they were pestering for a payment over the phone and I told them when they send me a CCA as requested then I would make a payment etc.
They said the matter would be passed to their managment Department.

What do you advise that I do now. Do I need to send any other letters to these companies or have I already sent enough ?
Also are the Manchester test cases finished now, I have been reading all the posts and are a little confused as to what is happening with them and what the implications for us all will be.
Thanks for your help and time it is extremely appreciated by me and everone else on this forum.
All the best Stuart.:D:D:D