Unenforceability & Template Letters II

sick_of_the_letters

Hi NID

Hope you are well.... I have another query regarding one of my CCA's.
I have sent CCA regarding my Halifax credit card, ended up sending them another letter you said, have had a response from them after their initial investigation

FROM SOME COW @ HALIFAX!!..........
Following my letter dated 8th Feb, please find enclosed a copy of your original signed agreement.

There is no actual requirement under S78 to provide you with a copy of the original signed agreement. I can confirm the reverse of the agreement contained the prescribed terms required under the consumer credit act and this can be proved by the documents we sent to you previously. We will not be providing any other documentation, as we have fulfilled our obligation under S78.

YS
Customer Relations Manager



Ok, so, she has sent me a copy of...... CREDIT CARD APPLICATION!!! so it is not enforceable - yes?? Do I have to send her another letter? If so which one?

Thanks NID x x x

putty71

Hi all

Regrettably Amex have a valid cca and despite my arguing otherwise, they have passed this on to debt collection agency. Or should I say is that they have passed it onto a second agency. Previously they did say they would refer this, but I need to know what notice or form of notice as proof that they have been assigned the debt. Before Xmas I had a couple of letters from a DCA on behalf of amex and now I have one from a different DCA. One way or the other I have to pay, but I quite easily could have paid the first one and then received threats from the other.
Can someone please tell me what notice they have to give. The latest DCA has said their letter is sufficient but I say its not as I do not know who's authority they have.
Sorry to ramble but any help please?

Thanks

Putty

never-in-doubt

tryingto wrote: »

I wondered if anyone had any experience with Cahoot Flexible Loans and whether the agreement is enforceable?

Hard to say without being specific - look at page 1 and check against the prescribed terms. It should have amount of loan, interest and repayments as minimum and be signed by you and Cahoot.

tryingto wrote: »

They are one of the few who actually sent me what seems like an agreement, but I am ashamed to admit I have had it for a long time and still can't work out whether the prescribed terms are covered on it/whether it is likely to be enforceable. Hoped someone might be able to help? Thanks very much.

Can you post it online and PM me the link and i'll take a look for you when i'm free

never-in-doubt

fto wrote: »

NO the t&c are seperate & are the current t&c.

Well there should be existing terms from the date you took the account and current terms, do you have both?

Either way, send the following letter: Click here first: 16. Various CCA Query Letter 'Variations'

Then scroll down and find this letter 'CCA Dispute - Illegible Copy Document Supplied'

- send it!

never-in-doubt

burton_trade_kitchens wrote: »

Hi NID
Can I just ask a quickie please???
Mercers are sending my debt to a doorstep collection company.
I have sent off your template letter to them and today they called saying they were well within their rights to do this because
* They were only chasing me for the arrears that have built up from the time I stopped paying the account, and not for the full balance that I am claiming is unenforcable.
Any thoughts ???
Cheers m8.

Send the following back to them asap - registered post and keep a copy in case they do attend, you can give it the police as proof of your notification to refuse entry.

Dear Sirs,

Account No: XXXXXXXX

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

You have recently confirmed to me that you're not bothered whether the account is disputed and that you're only collecting for arrears, well let me reiterate in case you struggle to grasp basic law - I do not authorise anyone from your company, or their representatives, access to my premises. The full account balance is in dispute and unenforceable meaning you have no right to visit me and can take no action against me. Failure to acknowledge and respect this will result in swift, severe legal action being taken against you.

Yours faithfully




Sign digitally

never-in-doubt

sick_of_the_letters wrote: »

Ok, so, she has sent me a copy of...... CREDIT CARD APPLICATION!!! so it is not enforceable - yes?? Do I have to send her another letter? If so which one?

Thanks NID x x x

Does it contain the prescribed terms on the signature page or linked to it, it can be an application form - but the application form must contain the prescribed terms.

If not, then you send the following: 3. CCA Query

never-in-doubt

putty71 wrote: »

Regrettably Amex have a valid cca and despite my arguing otherwise, they have passed this on to debt collection agency.

If it is enforceable then you'd be best arranging a payment plan. Whilst it was unenforceable (until they complied with s.78) then they could not sell the debt, as they feel they've complied they have now appeared to have sold it on.

putty71 wrote: »

Or should I say is that they have passed it onto a second agency. Previously they did say they would refer this, but I need to know what notice or form of notice as proof that they have been assigned the debt. Before Xmas I had a couple of letters from a DCA on behalf of amex and now I have one from a different DCA. One way or the other I have to pay, but I quite easily could have paid the first one and then received threats from the other.

If unsure you deal direct with the OC or request from them, a copy of the NoA (Notice of Assignment). This alone will have no bearing on the legality of the debt, its simply a stalling tactic and to be honest you should arrange a prepayment plan with Amex, if they have sold it then they will tell you who to contact and provide a number. If not, you await a letter from the new DCA.

putty71 wrote: »

Can someone please tell me what notice they have to give. The latest DCA has said their letter is sufficient but I say its not as I do not know who's authority they have.

Don't worry about this too much - you need to arrange a prepayment plan mate - accept it! Ring Amex for anything you're unsure of.

Have a read of the links below (These are CAG links), if you want to pursue a wasted avenue (waste of time and effort) in chasing the legality of assignment:

1 - Deeds/Notifications of Assignment
2 - DCAs using their clients and 'solicitors' logos

sick_of_the_letters

Hi NID

The application form doesn't contain the prescribed terms, but they sent them separately initially, these were obviously generic terms that they sent out.
So I send letter 3?
Thanks xx

never-in-doubt

sick_of_the_letters wrote: »

So I send letter 3?
Thanks xx

Yes....

scarednshakin

Hi NID, just wondered if you had a chance to look at my post 2068, I know you have so many to reply to. Thanks SNS