Unenforceability & Template Letters II

putty71

Hi Never

I know you may struggle to remember as you get so many requests, but cast your mind back 2 or 3 weeks when I told you Amex had sent in the debt collectors. Well the DC's have backed off as I have complained and referred it back to Amex, however I thought I'd better post what amex sent me as a cca agreement.
http://s757.photobucket.com/albums/xx220/putty1971/amex%20cca/

I sent the second letter as you told me to give me more time, but I suspect they will get back to me anytime soon. Someone also told me amex are one of the companies that will actually make me bankrupt.

What are your thoughts on their CCA? Compliant or not?

Thanks

Putty

PS Tesco & Mint to follow but one at a time!

pepe2008

astravanman wrote: »

Hi N-I-D.
Regarding the CCA requests, my friend received a couple more letters today. One of Fredrickson dca (collecting on behalf of Capital One) saying they have placed the account on hold whilst they refer the matter back to their client for instructions, and will then get back to us. However, we received one from DLC (direct legal collections) who are collecting on behalf of Egg which says;

Hillesden Securities T/A dlc are an agency collecting on behalf of our client, Egg Plc.
Our client has specified that all requests for information under the CCAct are required to be made directly to them.

They returned the £1 cheque saying please make payment to egg who will upon receipt of payment endeavour to send you the documentation within 12 working days. As DLC were the one demanding payment should it be up to them to get back to egg to fulfil the CCA request. Will I need to re-send it to egg and allow a further 12 days?

If they are acting as Agents then they should have forwarded the request to their Principal and you would have recieved a reply directly from Egg. Send the payment back to them and remind them that they have 14 days from the date they received the first request. BTW, why are you paying the £1 by cheque?....dont send anything with a Signature, dont sign the letters in your 'normal' signature and make sure you send all CCA request by Recorded Delivery!

astravanman

pepe2008 wrote: »

If they are acting as Agents then they should have forwarded the request to their Principal and you would have recieved a reply directly from Egg. Send the payment back to them and remind them that they have 14 days from the date they received the first request. BTW, why are you paying the £1 by cheque?....dont send anything with a Signature, dont sign the letters in your 'normal' signature and make sure you send all CCA request by Recorded Delivery!

Thanks pepe2008, I shall get that sorted later.
I'm dealing with this on behalf of a friend so I sent the £1 fees using my own cheque book so nothing is linked to the friend. Yup were signing letters digitally.

pepe2008

astravanman wrote: »

Thanks pepe2008, I shall get that sorted later.
I'm dealing with this on behalf of a friend so I sent the £1 fees using my own cheque book so nothing is linked to the friend. Yup were signing letters digitally.

OK then, without getting your hopes up...theres a good chance with Egg that it will be unenforceable. Good Luck.

never-in-doubt

Hobbit wrote: »

Debitas seem to have disappeared, and Frederickson (my old friends...) have popped up for Cap1 - I presume that assume they have been passed all the relevant info and proceed as suggested?

Well yes mate, unless they sold the account whilst in dispute in which case see link here:

11. Account sold whilst in Default of CCA Request
The following letter would be sent when your account has been sold to another DCA/Solicitor when the original creditor/lender failed to acknowledge your CCA Request.

Hobbit wrote: »

In fact, aren't they supposed to NOT pass accounts on whilst in dispute??

See above letter to send, if you want to play silly beggars lol

never-in-doubt

astravanman wrote: »

Hillesden Securities T/A dlc are an agency collecting on behalf of our client, Egg Plc. Our client has specified that all requests for information under the CCAct are required to be made directly to them.

They returned the £1 cheque saying please make payment to egg who will upon receipt of payment endeavour to send you the documentation within 12 working days. As DLC were the one demanding payment should it be up to them to get back to egg to fulfil the CCA request. Will I need to re-send it to egg and allow a further 12 days?

Hiya,

Part of the CCA Request allows them to send the request to the OC - it is not for you to do this. I'd just send the request again, with a copy of their letter and highlight the following to them - basically why are they hassling you if they are not authorised to do so?

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

never-in-doubt

LexieLou wrote: »

Hi,

Can I ask a question. I am in the process of having all my credit agreements challenged, I'm using credit issues for this. please no lectures about cost of this etc, couldn't cope with them at the min. But after having held of paying for mths on these cards, I started to pay payments again.

I read on another thread that you can claim back late payment fees etc. Is this possible while questioning the above?

Thanks,

LL x

Maybe start your own thread by clicking here: Debt-Free Wannabe

I'd rather not give advice being you've broken the cardinal rules of unenforceability - 1. Using a claim company and 2. Paying!

At the end of the day you're paying for a service so use it! Sorry but that's the truth of the matter - ask the claim company and see what they tell you lol

never-in-doubt

burton_trade_kitchens wrote: »

Hi NID,
I have recieved a reconstituted agreement today and was hoping you may have the time to have a quick look. I have sent you a PM with the covering letter they sent.
Was hoping you may have a look at the agreement for me and see if you think it is enforcable or not. I can PM you the lot if you think you need to see it.
Cheers mate
Stuart.

I'd rather not get into checking everyones CCA's - try it yourself using the prescribed terms from page 1 - but if you're at a loss then PM me the main CCA - not the rest of the junk!

The covering letter is fine, it just explains their point of view and the fact they've sent a reconstituted agreement. For them to spend the time to do this makes me suspect they do not have the original, check again at the rates and your address etc cos it should match those at the time you took the card out - usually the late payment fees etc give away their errors (i.e. its now £12 but a few years ago it was anything upto £38 or whatever)....

burton_trade_kitchens wrote: »

NID,
Just another quickie...
I have just checked the reconstituted agreement and all the pescribed terms seem to be in order. The agreement is quite in detail to say the least....
The agreement however has my present name and address on the top. The card was taken out when I lived at a previous address. WILL THIS HELP ME ??
Thanks in advance for your time
Stuart

Ahh, as I mentioned above, so they are using your current details on an old agreement? The address should match that at the time you took the card out, but I can see why they have added your current address - albeit wrongly.

Check again and look for the late payment fee's and also the rate of interest etc - chances are they will manually add an actual rate when the original wouldn't have had one - I think they've lost the original, but check the version you have and try and find the actual version from the time by googling it - like egg card terms from 2001 or whatever! Someone may have posted a version online - all you want to really check is the actual layout and what info would have been on the original (can you remember the apr or things like that?)

never-in-doubt

putty71 wrote: »

What are your thoughts on their CCA? Compliant or not?

PS Tesco & Mint to follow but one at a time!

Hiya mate - look fine to me.... :rolleyes:

At the bottom of the application it does say that the T&C's form part of this agreement and within the T&C's it does mention that they will allocate the credit limit, it mentions the rate of interest and the allocation of payments. Bummer but it looks ok to me, at first view...

cejsmith

Here is the latest letter I've recived from Cap 1.

The have sent another copy of the cca but it's not that readable. What do you think I should do next???