Unenforceability & Template Letters II

Marisco

I'm VERY new here, so please bear with me!! Briefly, its a catalogue debt going back to 1993. It would take pages to explain!! Anyway, we asked for a CCA, and received the following reply: "Unfortunately, we are unable to locate an executed agreement for your Empire account, but for your information we enclose a copy of the current agreement which applied to this type of account. The version includes all contractual variations which have taken place"

The amount owed is not actually the original debt, it all the charges that they have applied for "late payment"! We paid on a regular basis, i.e. 1st of every month, they wanted it every 28 days. It was originally with Droids DCA, and reverted to Shop Direct in 2008. We were told to carry on as usual, which we did. In Jan 2009 we increased the monthly payments to get rid. Next we know we are slapped with a £12 late payment fee! I though the bank had forgotton to pay it, and was on the phone ready to blast them:o Shop Direct had changed the payment dates without letting us know, they reckon they wrote to us and told us - if they did we never got it.

We have discharged the original debt - in fact paying over by £30, but they say we still owe £77 which is comprised totally of charges which we refuse to pay. We have now stopped paying and are still getting letters saying that £12 is being charged to the account. Can I continue to ignore them, or should I write and tell them to whistle for it. We have always responded to letters and sent in expenditure forms when asked etc, but are now just fed up of the whole thing. Can they make us pay? We don't care about CCJ's or bad credit refs. It is actually my partners ex wifes catalogue, but probably taken out in his name. He already has CCJ's because of her, which is why one more makes no difference!!! Sorry to be a bit long winded:o

chinawhite_2

never-in-doubt wrote: »

Hiya

Yes they can - ultimately you broke the agreements so now they are classifying you as having one total debt - you no longer have specific accounts, as such.

You can still find out the balance of each account though - they cannot group the actual accounts, but they can group the debt together.

Don't worry about this too much - they still have to send a CCA for each account.

Hi I wonder if you could clarify smething for me. I sent a CCA to egg and received one copy of an agreement but it does not states any account numbers - I have one visa card with egg and one mastercard , does each account need a cca and does each CCA have to specify whether its for a visa or a mastercard or does it just have to state that the agreement is with egg

I am just wondering if i need to request an agreement for each card ??

many thanks

MACO_2

Hi N-I-D,
Once again thanks for all your help, I am very grateful. I am wondering what your views are (or anyone that wishes to comment) on this letter below. It is from a debt collection agency, after sending them the third letter. They sent me a copy of a credit card application form a month ago and are claiming the debt relates to a current account, (I honestly cant remember if this is the case or not)

It reads as follows:

I acknowledge receipt of your further letter dated 5th January 2010 regarding the above account.

I am somewhat confused as to why you are continuing to request a copy of the credit agreement in relation to the above account. As stated in my previous letter of the 27th November 2009, our clients have advised us that it is their understanding that this account relates to a current account it would not be covered by the CCA regulations you have quoted in your letter.

Our clients have also confirmed that the document they have provided was a copy of your application for the associated credit card related to the original account. Our client merely provided this document in an attempt to assist you further in this matter.

I have also noted from our records that you have been making regular payments to the account for many years so I am somewhat surprised that you have only recently requested documentation. In order for me to bring this matter to a resolution I would ask you to please clarify your reasons for making the above request and if you are in fact disputing the account was actually opened by you.

Please be reassured that we are more than happy to accept any reasonable offer of payment in relation to your account or assist you in solving any genuine disputes in relation to this matter and I hope that we can now enter into a dialogue to move forward with regard to this account.

astravanman

Just a little update. Have signed all CCA requsts digitally but have received letter from Cap1 asking for signature to confirm id. Will be sending the appropriate letter back. Anyone know if cap1 always insist on a sig, or have they something to hide!!

gems3286

Hi All,

wanting a little help if poss. I have sent some of my cca's and i have got a resopne back from hfc bank saying that they can not find the cca. So i was wondering do i know stop paying them? And also i sent a letter to lowells (shop direct act) in november and got a letter back stating that they needed to get shop direct to send this to them ans then send it to me but i have heard nothing back at all.

Thing is i'm wanting to try and pay some of my debts of as full and final settelments and i was wondering where this would leave me with the above.

any help would be great.

lorrich

Reading this thread with interest, i have an egg card since the late '90's, application was done online including 'tick box' for sig. etc, never received any paper agreements what so ever.
So it it worth me requesting a CA, what are others experience of dealing with egg because they seem to be a law unto themselves

burton_trade_kitchens

Hi Lorrich,
Both myself and my wife cca'd egg. They sent 2 cca agreements within the 12 day limit. Both signed and all singing and dancing. Both cards were taken out about 10 years ago. We also applied for these cards online.
They seem to be a hard EGG to crack !!!!

never-in-doubt

chinawhite wrote: »

I am just wondering if i need to request an agreement for each card ??

many thanks

Yes, you send 2 x £1 cheques and this is for each account you hold with them.

never-in-doubt

MACO wrote: »

Hi N-I-D,
Once again thanks for all your help, I am very grateful. I am wondering what your views are (or anyone that wishes to comment) on this letter below. It is from a debt collection agency, after sending them the third letter. They sent me a copy of a credit card application form a month ago and are claiming the debt relates to a current account, (I honestly cant remember if this is the case or not)

You need to provide more details, is it a CC debt or a bank account debt? What is this 'associated' CCA they sent you?

When did you last pay? Have they defaulted you?

never-in-doubt

astravanman wrote: »

Just a little update. Have signed all CCA requsts digitally but have received letter from Cap1 asking for signature to confirm id. Will be sending the appropriate letter back. Anyone know if cap1 always insist on a sig, or have they something to hide!!

Crappy1 try and play silly beggars, you#ll see funnier letters to come! In the meantime, you send the following:

10. Demand of your Signature
If a lender does write back asking you to sign and you don't want to, then send this letter to them.