Unenforceability & Template Letters II

never-in-doubt · 22 December 2009 at 9:14PM

Lloyds_Dad wrote: »

*** It is a photocopy of my application from showing employers details etc although in the box where my signature is is states " This is a credit agreement regulated by the Consumer Credit Act 1974 . Sign it only if you want to be legally bound by its terms"****

Hiya

Ok, then send the following:

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;

Click the link and then go to the middle letter (highlighted red above) and send that!

You need to change the words Terms & Conditions to Application Form.

never-in-doubt · 22 December 2009 at 9:22PM

Gemmzie wrote: »

Yup photo and email. Scanner is dead. Okay thanks

See above uploads - this will show others what was sent. Ok, so this looks as though the DCA is trying to obtain judgement against you which will result (possibly) in a CCJ being given. You should apply to have it stuck-off on the basis you're disputing the legality of the Agreement.

Can I check, you have CCA'd them right? If so when? Can you tell me more about the account etc such as date of last payment, why you ceased repayments, have you CCA'd HSBC or the DCA, if so when?

The more info you provide, the better we can help you out..... in any case, I really hope you come back and say you stopped paying when they failed to respond to your CCA - if so then they will not be able to add a CCJ - so long as you defend it of course

:D

Lloyds_Dad · 22 December 2009 at 9:24PM

never-in-doubt wrote: »

Hiya

Ok, then send the following:

Click the link and then go to the middle letter (highlighted red above) and send that! You need to change the words Terms & Conditions to Application Form.

Hi are you saying that although I received a copy of the application form (as it asked what card I wanted etc) the statement in the signature box this is a credit agreement regulated by etc etc etc is not actually a CCA and these are the grounds to dispute

Sorry for the ignorance

never-in-doubt · 22 December 2009 at 9:28PM

Lloyds_Dad wrote: »

Hi are you saying that although I received a copy of the application form (as it asked what card I wanted etc) the statement in the signature box this is a credit agreement regulated by etc etc etc is not actually a CCA and these are the grounds to dispute

Sorry for the ignorance

Yes, it doesn't have the prescribed terms on it does it? (check page 1 for details)

However it buys you time until after the court case judgement which is the main thing, I know they will respond with 'the debt is enforceable' - they always do so it doesn't matter - the point is they will not be able to provide a compliant original CCA if this went to court - that much we know for a fact, otherwise they would have sent a copy or reconstituted copy...

;)

Following my logic yet lol

Lloyds_Dad · 22 December 2009 at 9:39PM

never-in-doubt wrote: »

Yes, it doesn't have the prescribed terms on it does it? (check page 1 for details)

However it buys you time until after the court case judgement which is the main thing, I know they will respond with 'the debt is enforceable' - they always do so it doesn't matter - the point is they will not be able to provide a compliant original CCA if this went to court - that much we know for a fact, otherwise they would have sent a copy or reconstituted copy... ;)

Following my logic yet lol

Brilliant your help is invaluable more more question (for the moment anyway)

You referred me to page 1 which I have read and you mention the below

"If they do respond to the CCA Request but send incorrect information, such as an application form or a CCA but the prescribed terms are not intact, then you should send the following query letter - this allows a further 14 days in which to respond. You can if you prefer (especially if they send you an application form) miss this and go straight to step 4 and send the Dispute/S.10 letter...."

Is there any reason why I shouldnt go to step 4 just yet

never-in-doubt · 22 December 2009 at 9:43PM

Lloyds_Dad wrote: »

Is there any reason why I shouldnt go to step 4 just yet

Well if you look at the letter I linked to, they are very similar - you can send either, I prefer the other one but by all means use letter 4 cos it is ready to go, i.e. no amendments necessary. There isn't much difference to be fair

Lloyds_Dad · 22 December 2009 at 10:48PM

never-in-doubt wrote: »

Well if you look at the letter I linked to, they are very similar - you can send either, I prefer the other one but by all means use letter 4 cos it is ready to go, i.e. no amendments necessary. There isn't much difference to be fair

OK sorry to ramble on but to be 100% should I have received a copy of the credit agreement regulated by the consumer credit act 1974 signed by myself as in the pack I received photocopies of this agreement which is unsigned and appears to have come from any official documentation

Gemmzie · 23 December 2009 at 9:13AM

never-in-doubt wrote: »

See above uploads - this will show others what was sent. Ok, so this looks as though the DCA is trying to obtain judgement against you which will result (possibly) in a CCJ being given. You should apply to have it stuck-off on the basis you're disputing the legality of the Agreement.

Can I check, you have CCA'd them right? If so when? Can you tell me more about the account etc such as date of last payment, why you ceased repayments, have you CCA'd HSBC or the DCA, if so when?

The more info you provide, the better we can help you out..... in any case, I really hope you come back and say you stopped paying when they failed to respond to your CCA - if so then they will not be able to add a CCJ - so long as you defend it of course :D

Yes we CCA'd HSBC in February and then DCA in May I think it was , will check the dates on the post mark. We ceased repayments because they weren't complying with CCA, we wanted to clarify the amount before asking for statements to get back charges.