Unenforceability & Template Letters II

benboy

Thanks NID. ...and they have made a statement about the limit on mine .

Do you think I could use the fact that it is not signed by the creditor as a bargaining tool for full and final settlement offer?

never-in-doubt

benboy wrote: »

Thanks NID. ...and they have made a statement about the limit on mine .

Do you think I could use the fact that it is not signed by the creditor as a bargaining tool for full and final settlement offer?

Post me a link to the agreement they sent with the terms and i'll check myself if you want.....

If you cant post the link just leave spaces in address like this w w w.mse.com

I think after 10 posts you can post links

benboy

Ten posts? This one makes 10! I will have a go.

benboy

http://i851.photobucket.com/albums/ab80/benboy/scan0001-1.gif?t=1263427530

How right you are... sucessful link posted

never-in-doubt

benboy wrote: »

http://i851.photobucket.com/albums/ab80/benboy/scan0001-1.gif?t=1263427530

How right you are... sucessful link posted

Looks good to me mate..... is that your signature and name/address you've blanked out? If so then i'd say it's enforceable..... :mad:

AndyLGR

never-in-doubt wrote: »

Nice one mate - well done :T :T

The entry will be removed from your credit file 6 years after the default date itself.

Yes you need to get a CCA to the other companies as well..... start with step 1 on page 1 mate

Again - many thanks.

zondervan_2

Any advice on whether this Cahoot Credit Card CCA is enforceable would be welcomed.

It dates from 2001. It states that "By signing this agreement, you confirm that you have read and accept the cahoot account terms and conditions, a copy of which are enclosed. The agreement will only be binding on us when you have signed and returned the agreement to us and we have completed our final checks".

The 17 pages of terms and conditions that have been sent with it date from April 2007 (rather than those applicable in 2001).

http://i873.photobucket.com/albums/ab294/zondervan1/Cahoot%20CCA/SCAN0042.jpg

http://i873.photobucket.com/albums/ab294/zondervan1/Cahoot%20CCA/SCAN0041.jpg

pinkerton_angel

never-in-doubt wrote: »

Ive forgotten, can you update me lol..... I don't think I carried on as you never came back online! If you wanted help then you ought to spend some time here til its sorted otherwise I tend to help those that are here (saves wasting time helping someone that never comes back)

This may post twice as I'm trying to access internet on some hotel TV lol!
well NID I'm hurt lol. I'm sorry but it was around the time you went away for a month and I didn't think you'd come back. I thought I had email notification set up on the thread but obviously not. And excuses excuses, moved house etc etc.
This was the Next default that I emailed you the Cabot letter about (with address details cos I'm a donut!) have moved now Can I mail it you or post it again when I get home from weekend away? I promise not to go away again and I'm sorry for being a naughty girl, it won't happen again.:p
Thanks
pinky

zondervan_2

Do you consider this MBNA CCA to be enforceable?

It also dates from 2001.

I am not entirely sure whether the terms and conditions shown down the left hand side of the 1st page were actually present on the original application form.

http://i873.photobucket.com/albums/ab294/zondervan1/MBNA%20Plat%20Plus%20CCA/SCAN0025.jpg

http://i873.photobucket.com/albums/ab294/zondervan1/MBNA%20Plat%20Plus%20CCA/SCAN0026.jpg

astravanman

Hi NID,
Capital 1 have wrote back again regarding not signing the CCA request. We sent the no signature letter and its taken them almost 2 weeks to write back. Shall we now send the "CCA in dispute" letter?

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"Whilst I appreciate your statement that under the CCA you are not required to produce a copy of your signature upon making a request under section 78, Capital One also has a commitment to protecting your personal information.

Therefore, we ask that our customers provide signed letters to satisfy us as to their identity. We do not feel that this is an unreasonable request as it is designed to protect you and not in order to delay providing any information you request.

I would also like to point out that your continued refusal to supply a signed copy of your request adds to the delay in providing these documents to you.

I trust this explains why I continue to request proof of your signature Please arrange for this document to be forwarded to us and we will be happy to assist you further.

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