Unenforceability & Template Letters II

CeeBeeDeeBee

Hi NID thanks for taking a look.

The first 3 pages made up the application form, and was signed and dated 27 Jan 06 by me on page 2. They have sent me 2 copies of this application form, the first one didn't have any date stamps on it and hadn't been signed or dated by the creditor on page 3.

The second copy they sent me suddenly had a signature and date on page 3 (31 Jan 06 obviously this was added later!)

The CCA sent didn't have any of my details, name, address etc and was signed and dated by the creditor 25 Oct 2006.

I'm not sure the different dates are the thing, it's whether the first 3 pages which are the application form constitute an enforcable agreement as the other 2 pages of the CCA are seperate?

Thanks

never-in-doubt

cejsmith wrote: »

My question is do you think the the collection agency hold on to the letters for 3 or 4 days past their production date before sending them off????

Yes, they usually do mate - they give you as little time as possible to respond but they can add whatever date they want - 14 days is the norm, also a lot send it 2nd class. :mad:

never-in-doubt

hughiemack wrote: »

Thx for the response NID. I am up to date with these accounts, should I cease payment or wait for the additional 30 days for a response once the CCA reminder has been sent.

On the terms received : are the terms below adequate for an enforceable agreement and is there anything else I need to refer to on the terms? Thx in advance NID... (The credit card company sent 2 copies, the old and the new versions. I am assuming I have to refer to the new).[FONT=Arial, Helvetica, sans-serif].[/FONT]

Those terms look fine mate! Is that what they have sent you or are they your copy? You should send the CCA reminder - if you're up to date and this is the only account you're challenging then i'd pay - it would ruin your credit file..... is it worth it?

never-in-doubt

CeeBeeDeeBee wrote: »

Hi NID thanks for taking a look.

The first 3 pages made up the application form, and was signed and dated 27 Jan 06 by me on page 2. They have sent me 2 copies of this application form, the first one didn't have any date stamps on it and hadn't been signed or dated by the creditor on page 3.

The second copy they sent me suddenly had a signature and date on page 3 (31 Jan 06 obviously this was added later!)

The CCA sent didn't have any of my details, name, address etc and was signed and dated by the creditor 25 Oct 2006.

I'm not sure the different dates are the thing, it's whether the first 3 pages which are the application form constitute an enforcable agreement as the other 2 pages of the CCA are seperate?

Thanks

Yes it is enforceable. The problem though is if they added dates/signatures then that could suggest they do not have the original..... see what i'm saying?

hughiemack

The terms have been sent by Egg, when u say they look fine does that mean it can be challenged? The cover letter refers me to the "current terms" stating section 2 (on previous message) reads as follows

"This completes our oblgation under the Consumer credit Act 1974 including related regulations and satisfy your section 78 request". Is this the case?

The other 2 accounts are Cahoot and MBNA, which I am up to date with and CCA reminders need to be sent.

bankkiller

never-in-doubt wrote: »

If it is your only bad account then yea, i'd pay cos it will ruin your credit file and for a small debt of £5k then its not worth the hassle you'll get.

Its up to you, but that is what i'd do right now....

so best to just keep paying then?
if i just stop and they default me, there is no way to get the default removed then?

CeeBeeDeeBee

Thanks for that NID, tis a shame 'cos I thought I had that one won as it was an application form and there was nothing on the CCA

The creditors signature and date on page 3 of the application form was put in some time between them sending me the first copy of the CCA and them sending me the second copy, but they both had my signature on them so that is the only bit they have 'doctored'.

I guess I'll have to start negociating a F&F and see how low they will go!

never-in-doubt

bankkiller wrote: »

so best to just keep paying then?
if i just stop and they default me, there is no way to get the default removed then?

No, sorry right now (with the law unclear) there is no way of removing default - however this may change when we hear the judgement of the 12 test cases so worth checking mid January when we should know more

never-in-doubt

hughiemack wrote: »

The terms have been sent by Egg, when u say they look fine does that mean it can be challenged? The cover letter refers me to the "current terms" stating section 2 (on previous message) reads as follows .

When I say it looks fine, it means they are enforceable so carry on paying

jamie07971

never-in-doubt wrote: »

Why do you want to close your current account? If the loan is unenforceable then you ignore them - why are you even wasting time about a current account? It doesn't make any sense?

You know they will default you with the unenforceable account so your credit is dead for 6 years anyway.....

Every month they are adding charges for not paying the loan directly to my current account which I don't use