Unenforceability & Template Letters II

never-in-doubt

Emma29 wrote: »

Hi All,

I have received a singed credit agreement for my capital one creidt card that I took out in 2003.

I can not read a thing on it.

What do I do from here?

Click the green text then look for the letter, highlighted in red below! :

16. Various CCA Query Letter 'Variations'
Variations of CCA Queries, i.e.

- CCA Dispute - Illegible Copy Document Supplied;
- CCA Dispute - Terms & Conditions Supplied;
- CCA Dispute - Copy Document Supplied;

Emma29

Hi,

I have been reading and reading about unenforcable credit and I am really confused.

Would you mind helping me?

I have 5 credit cards all before 2007. I have written to them all with the £1 postal oder asking for CCA. One company Capital one has sent it to me signed but unreadable.
Another one wrote to me saying if I have any statements etc that would help with my request could I send them on.
No one else has replied to my letters.

A) The one I cant read what should I do about this?

B)Should I send the reminder letter

Oh one other thing. Robinson way can not supply me with any info at all but still write to me saying that I am liable and payment is due. What do I go next?

Thank you so much for helping.

Emma

never-in-doubt

Emma29 wrote: »

One company Capital one has sent it to me signed but unreadable.

Replied on last page - see here: #2340

Emma29 wrote: »

Another one wrote to me saying if I have any statements etc that would help with my request could I send them on.

So they do not have the agreement then, i'd assume? If so, all you do is reply with this letter:2. CCA Reminder

Emma29 wrote: »

No one else has replied to my letters.

Give them around a month then send this letter to each that has not replied: 2. CCA Reminder

Emma29 wrote: »

A) The one I cant read what should I do about this?

See here2340

Emma29 wrote: »

B)Should I send the reminder letter

Yes - see above

Emma29 wrote: »

Oh one other thing. Robinson way can not supply me with any info at all but still write to me saying that I am liable and payment is due. What do I go next?

Have they confirmed that they cannot locate the agreement? Send this: 4. CCA Dispute

Emma29

Oh How do you do thoses indivdual quotes.??


Thanks for this info. Thank you ever so much


Robinson way have sent me the unsigned terms and conditions. They say that is enough to force that I am liable. They will not confirm they do not have the correct information.

Bubbles911

Hi I wrote to Halifax in November with a CCA request. The cheque for £1 was cashed but they never even responded. I wrote the default letter after the waiting time and now months later I have received a letter from a debt collector saying it has been passed to them. I thought they couldnt do this? Is there a template letter I should use now and send it to the solicitors, Halifax and reporting them as threatened in the chase up letter?

never-in-doubt

Emma29 wrote: »

Oh How do you do thoses indivdual quotes.??


Thanks for this info. Thank you ever so much


Robinson way have sent me the unsigned terms and conditions. They say that is enough to force that I am liable. They will not confirm they do not have the correct information.

Hiya

To multiquote click this icon

Ok so send this back to robinsons:

Dear Sirs,

Account No: XXXXXXXX

I write in response to your letter, received on XX/XX/XXXX.

In my original letter, dated XX/XX/XXXX, I requested a copy of the credit agreement relating to the account detailed above. I expected to receive an exact copy of that which you hold in your records i.e. a copy of the agreement which is signed by myself and your representative.

Whilst I appreciate that under the regulations you are able to omit a signature and date box from the copy, I would like to hold in my records an exact copy of the document that you hold. I do not want a piece of paper that alludes to there being an agreement; I would like a photocopy of the actual agreement. I am requesting that you provide me a copy of the agreement that bears my signature as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. In order to be able to adjudge my position effectively I would require a copy of the actual agreement that apparently exists and I therefore appeal to you to fulfil my request. I am willing to pay any reasonable charge that you feel is necessary, in order to provide a copy of the “actual” credit agreement.

In considering my request, I ask that you take a common sense approach and do not hold to the line that you have provided all that is expected of you nor the recent test case in manchester, namely and to be known as:

Carey v HSBC Bank Plc [2009] EWHC 3417 (QB) (23 December 2009).

I make my request in good faith and I feel it is a nonsense approach to hold to the idea that you won’t provide this document because you simply don’t have to. I feel that would take advantage of your position and such an approach from your business not be in the best interests of a healthy business/client relationship. I see no reason not to provide a photocopy of the requested document especially since you included a blank signature and date box on the copy you have sent. Why would it be necessary to not provide a photocopy of the actual document if you are going to send what you claim is an exact replica, minus the signatures? Why are you unwilling to provide the signatures anyway, I don’t really understand this stance? Unless, of course, you don’t actually have the document on record and so are unable to provide it, in which case I understand your actions. If it is the case that the original document is not in your possession, please advise this is your response letter.

I hope that you will find my request agreeable and look forward to your response within 14 days.

Yours faithfully

Sign digitally

never-in-doubt

Bubbles911 wrote: »

Hi I wrote to Halifax in November with a CCA request. The cheque for £1 was cashed but they never even responded. I wrote the default letter after the waiting time and now months later I have received a letter from a debt collector saying it has been passed to them. I thought they couldnt do this? Is there a template letter I should use now and send it to the solicitors, Halifax and reporting them as threatened in the chase up letter?

Page 1 - post 1

11. Account sold whilst in Default of CCA Request

savysaving

If the credit limit is not stated or the manner of its determination or that there is no credit limit and the creditors signature is missing then the credit contract is unenforceable if dated prior to 2007.

Wilson V Secretary of state - a law that has been argued through appeal courts and been accepted as precedent.
I believe the judge said: Mrs Wilson's position was that the document in the prescribed form which she signed did not show the correct "amount of the credit", one of the prescribed terms. Moreover, she had signed no other document containing the prescribed terms. As a result, by reason of section 127(3) the court would not be able to make an enforcement order.

I believe Mrs Wilson's contract under credit limit stated words to the effect : 'we will inform you of your credit limit'.
Never-in-doubt has posted contrary information, obviously he is ignorant:p, certainly of the case stated above.
I think it is safe to say that Always be in doubt when never-in-doubt (NID) donates advice:rotfl::rotfl:

Just my personal opinion.

never-in-doubt

Ignore this ^^^^^^^ - utter nonsense. Thought we'd got rid of you once before, this time we'll get you PPR'd...... idiot.

I have forgotten more than you'll ever learn :rotfl::rotfl:

Lack of credit limit does NOT deem an agreement unenforceable!

Emma29

Emma29 wrote: »

Oh How do you do thoses indivdual quotes.??

Have I done it?


Thanks for this info. Thank you ever so much


[QUOTE=Robinson_way_have_sent_me_the_unsigned_terms_and_conditions._They_say_that_is_enough_to_force_that_I_am_liable._They_will_not_confirm_they_do_not_have_the_correct_information.[/QUOTE]

I have sent all the letters and follow up letters they still say I need to pay. Who do I take it to next?