Unenforceability & Template Letters II

Kal

Hello,

Just came across this thread and have been reading throught the frist two pages. Could I ask a really stupid question? I took out a credit card in 98 and in subsequent years due to default the debt was sold on to a DCA agency. Can I still do this even though I pay my debt back to someone else?

Many thanks and sorry for the dumb question!

K

MACO_2

Hi N-I-D,
Happy new year, I wnder if you can help.I Have just recieved a document back from MBNA after asking for my CCA (taken 3 months) At the top of the document is says You are approved and asking me to accept an MBNA credit card. It then says 'Credit agreement regulated by the consumer credit act 1974' Apart from that it just cotains my personal details (like an application form) but at the bottom it says ' This is a credit agreement regulated by the consumer credit act 1974 sign only if you want to be legally bound by its terms' it is then signed by me and dated 8/10/96. It does not contain any of the prescribed terms. Is the enforcable? Thanks MACO

psgguru

Hi All,

My current situation is as follow: I have credit cards with HSBC, CITI Cards, Natwest, Mint and Egg.

My job had changed at the beginning of the year due to the credit crunch and my income got seriously reduced. I have not paid these since September.

I used the templates for all of them.

Egg are the only ones to have sent me back some paperwork with my signature on it and it seems that there is no way around those. I have tried my luck and still sent the "account in dispute" letter on the 27th November but no reply from them, I have just received a letter from a Collection agency telling me to pay up.

Natwest and Mint have sent me back some "terms of business", I queried it and went as far as I could (account in dispute letter sent on 27th November) and they sent me a final letter telling me that I had all the info I needed and that they complied with the Credit Agreement and that it is the Bank's final decision (nothing signed by me). If I don't like it take it further. (Obviously the same firm between both of those as the letters came from the same person). They also sent me a letter saying that my account is now closed and that this was passed to their collection team. I have also just received a letter from their Collection agency telling me to pay up.

HSBC have sent me several letters, they also enclosed their current terms of business and told me that they used to have my signed paperwork but dont have it anymore. They also enclosed an application form half filled in by someone at their end but not signed. My last letter to them is the failure to comply with CCA on the 3rd December.

CITI bank have not replied to anything at all since I started the process. My last letter is the account in dispute on the 13th November.

I seem to have reached a dead end. What do you suggest my next move should be for each of those? I have put all the accounts in dispute but they are all taking it further...

They are calling me every day many many times. If they do get through to me what would you suggest I say?

PS, your thread are very helpfull.

Best Regards

never-in-doubt

Kal wrote: »

Hello,

Just came across this thread and have been reading throught the frist two pages. Could I ask a really stupid question? I took out a credit card in 98 and in subsequent years due to default the debt was sold on to a DCA agency. Can I still do this even though I pay my debt back to someone else?

Many thanks and sorry for the dumb question!

K

Are you still paying, even now?

The default (if any) will be gone from your credit file, so why pay them? They cannot add another default for the same debt!

never-in-doubt

MACO wrote: »

Hi N-I-D,
Happy new year, I wnder if you can help.I Have just recieved a document back from MBNA after asking for my CCA (taken 3 months) At the top of the document is says You are approved and asking me to accept an MBNA credit card. It then says 'Credit agreement regulated by the consumer credit act 1974' Apart from that it just cotains my personal details (like an application form) but at the bottom it says ' This is a credit agreement regulated by the consumer credit act 1974 sign only if you want to be legally bound by its terms' it is then signed by me and dated 8/10/96. It does not contain any of the prescribed terms. Is the enforcable? Thanks MACO

Maco, no it is not enforceable you need to send letter 3 - CCA Query.

3. CCA Query

pepe2008

Kal wrote: »

Hello,

Just came across this thread and have been reading throught the frist two pages. Could I ask a really stupid question? I took out a credit card in 98 and in subsequent years due to default the debt was sold on to a DCA agency. Can I still do this even though I pay my debt back to someone else?

Many thanks and sorry for the dumb question!

K

Yes you can ask for the CCA. They wont have it. Good luck.

never-in-doubt

psgguru wrote: »

Hi All,

My current situation is as follow: I have credit cards with HSBC, CITI Cards, Natwest, Mint and Egg.

Hiya, that is the correct process - you request CCA, the lender fails to comply, you cease paying, they hassle you, brick wall hit.

Thats the norm lol. The point is, until such time they send a lawful CCA you cease paying.

Regards to the phone calls etc - send this (you may have to change your number)...

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

The alleged debt, in relation to the above numbered reference is unenforceable under s.127(3) of the Consumer Credit Act 1974 and will remain so until such time as the original creditor complies with my s.78 request for a copy of my agreement. They are now in default of my CCA Request (and OFT Debt Collection Guidelines), as such, 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).

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 **Original Creditor name here ** 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.

Back to the phone calls, I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully




Sign digitally

HotLegs

NiD have you forgot about me again? :rotfl:

never-in-doubt

pepe2008 wrote: »

Yes you can ask for the CCA. They wont have it. Good luck.

But don't ask for it - its SB'd so ignore them! Pointless. :beer:

never-in-doubt

HotLegs wrote: »

NiD have you forgot about me again? :rotfl:

Nooo - i've just been busy updating another thread - sorry! BRB



Niddy legs it to log into his email and wipe hotlegs bum as well as hold her hand through the process....... lol :rotfl::rotfl: