Unenforceability & Template Letters III

never-in-doubt

Mateusrojo wrote: »

Last paragraph basically says they believe that I owe the money and that they do not see account as in dispute and if necessary collection services.

LOL - they always say that mate - from what you've stated yea, send the final response to them now.

Mateusrojo wrote: »

• Marks and Spencers

Letter requesting “your signature of authority”

My understanding of this: Send demand of signature letter.

Letter sent 15/03/2010

Letter received from them 24/03/201

Asking again for signature under Data Protection Act to verify my ID due to sending personal info - also states the 12 days wont begin until they receive signature - states they wish to check it against the signature they hold?

Question - do I get someone else to sign as you prev suggested or ???.

Hold fire - i'll do you a reply to send them now.... idiots! :mad: :mad:

never-in-doubt

Mateusrojo wrote: »

Hi Nid,

Send the following letter to M&S..... see what they come back with!

Dear Sirs,

Account No: XXXXXXXX

I write with respect to previous correspondence and in particular your most recent letter received 24th March 2010.

I am beginning to get slightly annoyed with your lacklustre attitude and clear lack of respect towards legislation designed to protect both the lender, and the consumer from the exact thing you're trying to do.

Let me tell you one final time, I do not have to and will not send my signature to you - the reason I wish to avoid doing so is because I believe you will fabricate an agreement and add my signature to it. Therefore, in line with current legislation comprising Consumer Credit Act (1974) and Data Protection Act (1998) I decline your request and hereby formally announce that the alleged account referred to is now unenforceable in its entirety until such time you comply with my request.

I shall also be reporting you to the ICO for your clear breach of DPA knowledge, in trying to scare me to provide something we both know is not required. I have stated previously, and do so again, that if you require my signature for Data Protection purposes then i can supply you with documentation to substantiate my identity to you. However, I note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address and so I have to ask, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

Similarly, as previously stated, the CCA1974 (in particular s.78) does not allow provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity. As such, this account is unenforceable and in dispute and will remain so until such time you respect the law and my lawful request and provide me the documentation I have requested. Lets make no mistake here, if you send any DCA's or Bailiffs to me then you've clearly shown that you believe me to be the person you seek and therefore your lack of compliance with my s.78 request will add to the catalogue of mistakes you've already stacked up - all of which helps in my overall defence.

I look forward to receiving the documentation requested, within the next 14 days.

Yours faithfully




Sign digitally

Numpty_Monkey

Matey don't burst a gonnad looking at mine
it took them 3 months to send that lot:o

Hope you use cashback sites:think:

never-in-doubt

Numpty_Monkey wrote: »

Matey don't burst a gonnad looking at mine
it took them 3 months to send that lot:o

Hope you use cashback sites:think:

I've not got round to it just yet matey - lol, I try and do things in order or I forget things ooops..... I know it took them ages, but we'll sort it.

In fact with respect to the CC i'd say just send this: Debtors Final Response - CCA Received

I was going to do you a letter but mate, there really is no need. The "thing" they sent you is not an agreement, far far from it. (I am talking credit card only)... therefore send the final response to them and wash your hands - its finished, lets see them take you to court! You're local to me anyway so no probs there! :rotfl:

I don't use cashback sites mate, why would I? lol

never-in-doubt

whisp wrote: »

Thanks Niddy, tis still weird posting instead of just lurking! :beer:

Hiya

Ok having read through everything, we need to set some ground and start from scratch with CAM/Phoenix as I don't want to risk fighting a dead-bird, so to speak...

So, start from scratch (sorry) and send the CCA Request (with £1) and see what they send back - you send this to Credit Account Management and make it payable to them as well. We will get them on unenforceability; default irregularities and finally attack the CRA's direct if necessary.

Can't promise the default will come off but regardless, we'll be able to put closure to it once and for all. So, what we're hoping is that they respond with a "typical Kays agreement" which in the past, had so many leaks it was a collander in disguise! It should be unenforceable, if they even find it.

Then, depends what happens there, we move on to proof of default etc - see if they followed process, if not we get it removed; if so then we go to the CRA's and demand they remove it as a breach of s.10.

Between the 3 processes we'll sort the actual debt, the default and the future.... at least this way your mind will be clearer and you'll know what is what!

So start by sending this: CCA Request

cardcutter

Hi Nid, I have been lurking for some time lapping up the advice and hopefully using it to some advantage.

I sent for my credit agreement from Cap1 eventually receiving the following letter and the application form (on photobucket). This was all accompanied by a the terms and conditions the first page is also on photobucket link below.

The big question I have to ask, is the agreement enforceable? Many thanks in advance.......

Covering letter from Cap 1..


9 February 2010

Account No. 0000000000

I write in response to your request for a copy of your executed agreement and statement of account under Section 78 (S78) of the Consumer Credit Act 1 974 (CCA).
I enclose a reconstituted copy of your original agreement. This sets out the terms of your agreement when you entered into your agreement with Capital One on 0.3 May 2004. Although not required under 578, I have also enclosed with the reconstituted agreement a scanned copy of the signed signature page of your original agreement. Please note that this sets out your name and address at the time you entered into your agreement with Capital One. 1 also enclose a copy of your current terms and conditions; and at the end of this letter, set out a statement of account as required under S78.
By providing the information set out above we have complied with our obligation under 578 to provide you with a copy of your executed agreement. at was confirmed by the judgment of His Honour Judge Waksrnan QC in Carey v HSBC (20091 341 7 (QB) that providing a reconstituted copy of your agreement is compliant with 578 and there is no requirement under the CCA to provide you with a photocopy of the original signed agreement.
For the avoidance of doubt, the signature page provided is a scanned copy of the signature page of your original agreement only. Included on the reverse was an extract of the terms of your original agreement (including the prescribed terms) or the full terms of your agreement. Prior to signature you were provided with a full copy of the terms of your original agreement to keep and were sent a further copy of your original agreement with your first credit card.
As we have complied with our obligations under 578, we will not be entering into any further correspondence regarding the provision of copy agreements. Your agreement is enforceable and we will continue to treat it as such.
You must continue to make at least the minimum payments set out in your monthly statements. Failure to maintain payments may result in collections activity and a default being recorded on your file with the credit reference agencies.
lf you are using or considering using the services of a claims management company we refer you to the warnings issued by the Ministry of Justice with regard to the misleading statements issued by some of these firms about their ability to get debts written off . Full details can be found at: http:// www. justice.gov.uk/news/newsreleasel 70209a.htm
Alternatively you can phone them on 220 3334 3555, or write to them at: Ministry of J ustice

http: //i765. photobucket.com/albums/xx292/digby99/capital1applicationform-1.jpg


http: //i765. photobucket.com/albums/xx292/digby99/page1tc.jpg

Numpty_Monkey

never-in-doubt wrote: »

I've not got round to it just yet matey - lol, I try and do things in order or I forget things ooops..... I know it took them ages, but we'll sort it.

In fact with respect to the CC i'd say just send this: Debtors Final Response - CCA Received

I was going to do you a letter but mate, there really is no need. The "thing" they sent you is not an agreement, far far from it. (I am talking credit card only)... therefore send the final response to them and wash your hands - its finished, lets see them take you to court! You're local to me anyway so no probs there! :rotfl:

I don't use cashback sites mate, why would I? lol

:eek:
That is sacralige , you heathen:p

and stop the queue jumping;)

Cheers mate:A

never-in-doubt

cardcutter wrote: »

Hi Nid, I have been lurking for some time lapping up the advice and hopefully using it to some advantage.

I sent for my credit agreement from Cap1 eventually receiving the following letter and the application form (on photobucket). This was all accompanied by a the terms and conditions the first page is also on photobucket link below.

The big question I have to ask, is the agreement enforceable? Many thanks in advance.......

Hiya & welcome...

Good news - it is 10000000000% unenforceable! You'd have thought they'd have done a better job of the "recon" to be fair :rotfl:

1. The actual agreement is a short application form - no prescribed terms and not linked to a signature page containing them;
2. The terms they sent does not mention repayments or interest/apr
3. Its a pile of junk!

Send this - CCA Query

Do not pay anmore and do not be scared by any threats! It is unenforceable.

InDeepDebt

http://forums.moneysavingexpert.com/showpost.html?p=31177837&postcount=1041

Post now amended to show all three pages of letter, rather than page one twice.

Technology and me don't mix!!

Jim

never-in-doubt

InDeepDebt wrote: »

http://forums.moneysavingexpert.com/showpost.html?p=31177837&postcount=1041

Post now amended to show all three pages of letter, rather than page one twice.

Technology and me don't mix!!

Jim

Hiya matey - that letter looks remarkably like one I seen the other day! Oh, come to mention it, i've seen it about 15 times now! :rotfl: It is their standard response.... see here: #879 - my reply was here: #886

So I guess you could use the letter I done for her, being she's not been back to check! Charming eh? Anyway, i'm sure you'll find most parts are relevant - so go for that, just tweak it if there is anything NOT relevant.... #886