Unenforceability & Template Letters II

never-in-doubt

-MRS_T- wrote: »

We are unsure as to where my father in law stands with this so we are going to seek professional advice.

I would appreciate any advice that anyone could give me.

ps sorry for the long post

Hiya

Sorry to hear about this, unfortunately though I feel it would be best to start a new thread so you get more replies as this thread is kinda specific to unenforceability.

I'd also suggest you follow up any specialist advice as you do need the best help out there....

Good Luck

-MRS_T-

never-in-doubt wrote: »

Hiya

Sorry to hear about this, unfortunately though I feel it would be best to start a new thread so you get more replies as this thread is kinda specific to unenforceability.

I'd also suggest you follow up any specialist advice as you do need the best help out there....

Good Luck

Oh ok no probs.

Thanks for your reply.

never-in-doubt

DeBilde wrote: »

Barclaycard - Replied to letter 3 with that's all you getting. They sent TC's. I ceased paying them in Nov 08. Is it just sit and wait now?

Yes mate - but I assume you have sent the s.10 letter? 4. CCA Dispute

DeBilde wrote: »

Argos - No reply to 2 it has been in total 49 days since I sent the original request. They sent a letter the other day saying pay or we will pass it on to an external DCA. Is it letter 11 I need to send when this happens?

If they sell it then you would send the following letter to the new DCA and a copy to Argos with a copy of the CCA request advising them that they are in default of your lawful request. 11. Account sold whilst in Default of CCA Request

burton_trade_kitchens

NID,
Sorry for being a little slow at catching on, am I right thinking that after the recent court cases that if a lender want's to take you to court to persue an agreement then they still have to show the origional paperwork in court.
Even if they have sent a reconstituted agreement or are likely to come up with one by the court date to present to the judge.
Sorry to trouble you with another question ! IT WILL BE MY LAST I PROMISE !!
Give you a little more time to help others...
Many thanks Stuart..

Wol2

Hi NID.Fermi

Interesting response to CCA request : (also wrote in the letter that could find no evidence of the debt on the credit reports hence didn;t acknoweldge the debt and asked for notice of assignment)

It's their reply that's interesting: They state they can't provide a CCA and return the fee. The have included a printout showing payments made to the account since assignment. They then state the following:
"Following recent case law the lender is a highly sophisticated financial institution whose systems and prorgammes have long since been well geared to the mechanics of the Consumer Credit Act. If the lender is a financial institution of long standing it can be assumed that they would have commplied with the requirements of the Act and provided you with a copy of the Agreement at the time it was put into place. The ruling also included that CCA regulations were put in place to protect unsophisticated individuals from unscrupulous financial institutions and not to assist in obtaining money from financial institutions through its technicalities.
The prohibition under s78 for possible enforcement of an outstanding balance is a prohibiton against the creditor "under the Agreement". As the Agreement ended by the creditor issuing the Formal Demand Notice (subsequent to an unsatisfied Default notice) the Agreement had ended. Therefore there is no reason why a creditor can not enforce the Agreement"
"Please contact us by XXX with your repayment details to avoid the need for further recovery action"

So to date there is no reference to the debt on the credit reports, no notice of assignment, no CCA just a transaction printout from this DCA showing a debt created in 2004 with token payments made in 2007 and two receipts from an un-named DCA in 2008.

What is best method of reply to their mumbo jumbo please?

xxx

P.S. I'm sure my friend wouldn;t mind if I described them as "unsophisticated" LOL

fermi

:rotfl::rotfl::rotfl::rotfl:

They know they don't have a leg to stand on.

I refer to your letter dated (date) in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974.

However, despite being in default of my request, you have continued to make demands for payment, and have falsely claimed that you are entitled to enforce the alleged agreement contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

You will also be aware that under section 127(3) CCA1974 a court would not be entitled to make an order enforcing this 'agreement'.

Furthermore, the OFT is also of the opinion that:

"No communications or requests for payment should in any way threaten court action or other enforcement of the debt where the creditor or owner is aware that it cannot and will not be entitled so to enforce the agreement."

"The creditor or owner should make it clear in communications to the debtor that the debt is in fact unenforceable,"

"To mislead debtors into making payment may in certain circumstances amount to an unfair commercial practice under the Consumer Protection from Unfair Trading Regulations 2008."

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

Yours faithfully.

fermi

fermi wrote: »

:rotfl::rotfl::rotfl::rotfl:

They know they don't have a leg to stand on.

I refer to your letter dated (date) in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974.

However, despite being in default of my request, you have continued to make demands for payment, and have falsely claimed that you are entitled to enforce the alleged agreement contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

You will also be aware that under section 127(3) CCA1974 a court would not be entitled to make an order enforcing this 'agreement'.

Furthermore, the OFT is also of the opinion that:

"No communications or requests for payment should in any way threaten court action or other enforcement of the debt where the creditor or owner is aware that it cannot and will not be entitled so to enforce the agreement."

"The creditor or owner should make it clear in communications to the debtor that the debt is in fact unenforceable,"

"To mislead debtors into making payment may in certain circumstances amount to an unfair commercial practice under the Consumer Protection from Unfair Trading Regulations 2008."

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

Yours faithfully.

By the way Wol2, the judgement they are misleadingly quoting in that letter is one that is:

a) Not legally binding on any other court, so completely irrelevant here.
b) Widely regarded (even in the legal community) to be a load of old CARP.

But DCA's don't mind quoting carp if they think you might believe it. :rolleyes:

Wol2

Thanx Fermi - you're a complete star!!

:kisses2:

xxx

putty71

putty71 wrote: »

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

Hi Never

Any advice regarding this please?

Thanks

Putty

never-in-doubt

burton_trade_kitchens wrote: »

NID,
Sorry for being a little slow at catching on, am I right thinking that after the recent court cases that if a lender want's to take you to court to persue an agreement then they still have to show the origional paperwork in court.
Even if they have sent a reconstituted agreement or are likely to come up with one by the court date to present to the judge.
Sorry to trouble you with another question ! IT WILL BE MY LAST I PROMISE !!
Give you a little more time to help others...
Many thanks Stuart..

Morning matey - yes, the lender still requires the original agreement should things go to court!