Unenforceability & Template Letters II

never-in-doubt

Numpty_Monkey wrote: »

Hi Nid Just had a letter back from Martian in responce to the CCA reminder
They have put the accounts on hold until they get the documents from OC:rolleyes:
I'll just wait till the 30 days are up and then send number 4:D:beer:

Thats good, at least you'll have a stress free crimbo mate. Keep me posted.

Numpty_Monkey

I'm thinking of sending them a crimbo card with the 30 day letter;):p:rotfl:

putty71

smifff wrote: »

Hi, got reply from Barclays today about the ccs' request for Barclaycard and Mastercard. Standard letters saying they have fully met the request and I should continue paying or they may default me. all they sent was photo copies of standard terms and conds.
Could the superhero that goes by the name of NID please have a look at the copies in photobucket for me, thanks in advance

assume I send the 2nd cca request now do I.

sorry I've had to pm you the link nid cos i'm not allowed to post links on the thread

THnx

Hi Smiff

I have been looking for ways to post my repsonses on here- what exactly is photobucket?

Goodtimesahead

NID

Since my missus sent CCA's to Halifax, they have not replied to either the CCA or the reminder nor cashed the £1 cheque in the time frame set out by law.

Only thing that is happening is she's getting plenty of phone calls 2-3 per day, from Halifax and a letter has arrived saying a representative will be calling at home week beginning 21 Dec, (presumably not with a nice Chrimbo card) if inconvenient please call! Obviously she doen't answer any calls on her mobile but which letter or letters should be sent now?

CCA Dispute/Section 10 Request
Harrassment by Telephone
Threat of Door Step Visit

If all three, should they be sent in one envelope or three separate envelopes and all by signed for post, preferably Special delivery?

Thanks in advance

k4j

never-in-doubt wrote: »

The payee is who the cheque/PO is made out to, so it would be on the front and have their name in that field - you do not need to put your name on the payment cos it isn't for you - however, save your money - they do not have a CCA do they? Thus they sent T&C's...

Send the following letter to them:



No, you send the letter above and leave it - see what they say (they will come back with, sorry we do not have an agreement and therefore this is unenforceable or similar)....

Send the following letter to Barclaycard:

Thanks N I D
The reply I had from the store card was just an application form with my signature on it so no CCA. Barclays sent me a letter today asking me to pay half of the amount! I will send the next letter to them. HSBC is completely ignoring my requests but continuing to send me letters to pay the full amount. And ofcourse calling me everyday. I will keep you updated.

putty71

Goodtimesahead wrote: »

NID

Since my missus sent CCA's to Halifax, they have not replied to either the CCA or the reminder nor cashed the £1 cheque in the time frame set out by law.

Only thing that is happening is she's getting plenty of phone calls 2-3 per day, from Halifax and a letter has arrived saying a representative will be calling at home week beginning 21 Dec, (presumably not with a nice Chrimbo card) if inconvenient please call! Obviously she doen't answer any calls on her mobile but which letter or letters should be sent now?

CCA Dispute/Section 10 Request
Harrassment by Telephone
Threat of Door Step Visit

If all three, should they be sent in one envelope or three separate envelopes and all by signed for post, preferably Special delivery?

Thanks in advance

Hi

NID will sort you out more than I can but rest assured that they cannot turn up on your doorstep so do not worry about this. My advice would be to send all seperate via recorded delivery 1st class as otherwise they may argue that there was only one letter in the envelope. I sent two seperate letters to BCard today for this reason.
Don't fret, maybe PM never for some help- he's good

putty71

Hi Never

Update on CCA's so far-

B Card responded to second template letter sent- haven't got a clue what they mean but will get back to you with queries. It may not matter as I sent 2 letters to them today reclaiming charges, 1 current account, one closed

Amex - no response to first letter, but I have charge claim in. Do I hold fire for now?

Cap One - about to send second letter off, but again claim in.

Mint & Tesco - both sent signed application forms by me. Do I now send off second letter? I have pending refunds due so shall I wait?
Interestly the tesco letter was date stamped before I signed!!!

MBNA - no repsonse to first letter, but charges and PPI claim in. Do I wait before sending second letter?

If you have some good advice I'd appreciate it please.

Cheers

Putty

never-in-doubt

Goodtimesahead wrote: »

CCA Dispute/Section 10 Request
Harrassment by Telephone
Threat of Door Step Visit

Send one letter which encompasses all three so something like this matey

Dear Sirs,

Account No: XXXXXXXX

I refer to my letter dated XX/XX/XXXX in which I made a formal request under the Consumer Credit Act 1974 (CCA1974) s.77-79 for true copies of the regulated agreement refered to in the above account number. You are reminded that you are obliged to supply these under s.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00 for this account.

To date you have failed to comply with my statutory request and have defaulted in respect of this account. Additionally this alleged agreement is unenforceable until such time as you come out of default or enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as your default is revoked. Consequently I am ceasing all payments to your company until such time as this matter is resolved. It is also my intention to report this matter to the appropriate enforcement authorities.

On a separate matter, the quantity and frequency of telephone calls that I have received from your company are now harassing and I formally request these cease immediately.

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.

Similarly, I note you intend on sending a doorstep agent to see me. Take note - 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. Furthermore, should it be your intention to arrange a “doorstep visit”, please be advised that under OFT guidance, 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.

I await your prompt response, no later than 14 days.

Yours faithfully




Sign digitally

never-in-doubt

putty71 wrote: »

Hi Never

Update on CCA's so far-

Putty

As I keep saying right now it would be best to wait until the new year for the judgement of the 12 test cases cos all lenders will delay things until this time.

Stop stressing, take 3 weeks off and come back to it later mate. When the law is clearer you'll know more about next-steps. Yes they are late in responding, they always are. Just wait til the new year and see if anything turns up

Basically you need to enjoy your christmas and forget these for the time being - well, that's what i'd be doing mate

DeBilde

Hi Nid,

I have been reading this forum for a while so I decided to fire the CCA request off to my 4 Credit Cards and 1 Store Card.

Here are the results after 14 days:

MBNA - No reply. I am 1 payment late on this account

B'Card - A standard reply with TC's from 1999 and a new set of TC's but not prescribed terms on either (Signatures, Account Number, Name or Address all missing) 1 payment late

B'Card (formerly Sky Card) - No reply. 1 payment late

B'Card (formerly Morgan Stanley) - A standard reply with TC's from Morgan Stanley Account and a new set of TC's but not prescribed terms on either (Signatures, Account Number, Name or Address all missing) 1 payment late.

Argos - No reply. 2 payments late. On a DMP now.

I currently have my current account with Barclays but I am in the process of opening an account with Co-Op.

What is your advice with regards to next steps.

Your advice is much appreciated.

Regards

DeBilde