Unenforceability & Template Letters II

underworld

never-in-doubt wrote: »

Yep - everything should be sent recorded (i.e. the orange sticker) so you have an audit trail/proof of postage.

Many thanks, after 6 CCA requests I've had 4 replies to date, 3 sending a copy of the origional application form and/or terms and conditions ( they will be getting the dispute letters) and one..."erm...we are trying to locate it" and nothing from the remaining two as yet (MBNA).

I'll keep you posted.

never-in-doubt

Karen66 wrote: »

Hi I posted this in DFW but not sure if its the right place, nor here either lol.

Upon going through our paperwork today its the first time I have noticed that my husbands and I joint personal loan with Blackhorse has not been dated at all. No starting date, ending date not even the date that the agreement was made. Our signatures are there but whoever processed our loan has not signed it. I was wanting to check how long is left before it was paid off. Is this a common thing to happen? Is it legal having no dates completed?

I seem to have 2 copies of "Borrowers first copy". The other thing I have is the paperwork for setting DD to my bank just noticed that this isnt signed either. I wonder if this is just a copy.

Not 100% certain but I think the date we took the loan would be April or May 2007. The money has been coming out every month since then.

The prescribed terms (as shown on page 1) should be on the signed page - a date is irrelevant, you can obtain this by asking, checking bank statements or your credit file. As it was after 7/4/07 unenforceability is not an option anyway.

never-in-doubt

St0lli wrote: »

I imagine you saying that in your best Michael Winner impersonation :rotfl: 'Calm down dear!' lol

So I don't need to send a letter to SCM saying the account is in dispute?
I know I'm panicing but Optima Legal threatened the same and now they've issued court papers and I'm having to go through all of that which has sent me :eek: I'm just concerned that SCM will go down the same route....

Ok, fair point well then send them a copy of what you've done to date and the dispute letter from page 1.... it does no harm I suppose but they cannot take action on a disputed account. Has 10past6 been helping with the other case?

never-in-doubt

natters wrote: »

I've had a quick search through the thread to see if the letter I need is here, but can't see one - I'm looking for a letter to send to a dca that has taken over a disputed debt - I've already written them an it's in dispute letter.
They seem to have completely ignored the fact that it is in dispute, and even said on the phone after confirming reciept of my letter, that it makes no difference and they hold the account now and I have to deal with them - I've recieved a letter today saying I have to request the CCA from the OC - so what I need is a here's the law as it stands, don't try and baffle me with b/s type of letter.
Thnks in advance.

You don't want a lot do you :rotfl:

Try this letter: 11. Account sold whilst in Default of CCA Request. at the end of the day you do not need to send the CCA Request to the OC because in your CCA Request to the DCA it should have clearly told them what to do - i.e.:

If it is your view that you are not the creditor, s.175 of the CCA1974 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).

Taken from: 1. CCA Request

natters_2

Many thanks - that letter is the one I have already sent - they have totally ignored it and are still ringing me every day. - i think maybe now I need to start logging the calls and put in a complaint to the relevant people.

never-in-doubt

natters wrote: »

and are still ringing me every day. - i think maybe now I need to start logging the calls and put in a complaint to the relevant people.

Send this first, then if it continues THEN report them - the details are within the letter, who to report to:

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully




Sign digitally

looking4justice

looking4justice wrote: »

Hi NID well no replies to my thread as yet , maybe its a little long ,.. well short question for you ,.. what if prescrided terms are not displyed on agreement for the ppi ? as believe these should have they own terms in place ?

Any thoughts Nid ,.. will be greatly appreciated:money:

looking4justice

I am looking to write to G E Money and see if they will deal with our concerns , if not FOS & OFT on unfair conditions ,.. as can be easy proved I think ,..

St0lli

never-in-doubt wrote: »

Ok, fair point well then send them a copy of what you've done to date and the dispute letter from page 1.... it does no harm I suppose but they cannot take action on a disputed account. Has 10past6 been helping with the other case?

Thanks for that NID

Yes he has helped and I've also been onto CAG forums and I've now sent an acknowledgement of service and have asked them to reveal their vitals so watch this space!

Goodtimesahead

Nid, When you get a chance to look at my post yesterday #2027

Thanks