Unenforceability & Template Letters II

never-in-doubt

if they have complied then that's it - dead end mate.

Wispa1

never-in-doubt wrote: »

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?

I have just had exactly the same response for my 2 egg accounts, but this time the DCA is Moorcrofts - This sounds like it is a ploy that egg are trying to see if they can get signatures or hoping we can't be bothered to send the next letter....??? :rolleyes:

cejsmith

never-in-doubt wrote: »

if they have complied then that's it - dead end mate.

OK so they may have complied , but what about the point of enforcability? Anything I should do about that or is it now a case of them taking me to court.

Does anyone know is capital one agreements stand up ( if you can actually read it)

never-in-doubt

cejsmith wrote: »

OK so they may have complied , but what about the point of enforcability? Anything I should do about that or is it now a case of them taking me to court.

Does anyone know is capital one agreements stand up ( if you can actually read it)

crappy1 agreements rarely stand up, but do nothing and await them taking action. not much they can do, obviously after the default. :rolleyes:

putty71

never-in-doubt wrote: »

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...

Too right, what a bummer. So I guess I'd best contact the DCA and agree a payment plan then?

Oh well, can you check this Tesco one out please-
http://s757.photobucket.com/albums/xx220/putty1971/tesco%20cca/

Fingers crossed!

Cheers

Putty

fermi

http://www.ft.com/cms/s/0/5c6ddd3e-006b-11df-b50b-00144feabdc0.html?catid=73&SID=google

never-in-doubt

fermi wrote: »

http://www.ft.com/cms/s/0/5c6ddd3e-006b-11df-b50b-00144feabdc0.html?catid=73&SID=google

So we were right all along - excellent!

Lenders will no longer be able to stall by saying they cannot find the agreement, or create a new one with the correct terms and conditions, Mr Wright says.

“This is a major victory for consumers and will open the floodgates. All the loopholes that lenders have been using to avoid redress have been removed by the High Court. Where a bank or credit card company is in breach of Section 78 of the act the agreement is legally unenforceable,” he said.

The actual draft guidance is here: New draft guidance

fermi

Well..................................

That is what the Claims companies are saying. :rolleyes:

Obviously, they are going to put an extremely optimistic spin on it so that as many people as possible will fork out their up front fees.

Call me cynical. :rolleyes:

Then the lenders (and some other media) will spin the opposite way to protect their interests/prejudices.

Take your pick.;)

never-in-doubt

Hmm, I go with the actual OFT guidance though in that, they do clearly state that they want to cease the practice of creating an agreement which can only be a good thing - for us!

Am I reading this the wrong way, I think the actual guidance confirms the things we wanted, bearing in mind they were never going to issue it until after the test cases -why? Now we know - cos it kinda shoves a rocket up Waksman's recent judgement lol...

fermi

never-in-doubt wrote: »

Hmm, I go with the actual OFT guidance though in that, they do clearly state that they want to cease the practice of creating an agreement which can only be a good thing - for us!

Am I reading this the wrong way, I think the actual guidance confirms the things we wanted, bearing in mind they were never going to issue it until after the test cases -why? Now we know - cos it kinda shoves a rocket up Waksman's recent judgement lol...

Still ONLY draft though.

I don't trust the OFT not to back pedal,even now :rolleyes:

When I see the official published final version, then I'll be happy to start drawing some more concrete conclusions.