Unenforceability & Template Letters III

cardcutter

NID....what a star you are.........once again many thanks.:beer:
I had also asked for a copy of the agreement for another card we have. These were requested both at the same time (as the previous one you have commented on) and Cap1 took ages to reply. Interestingly, both the agreement you have already commented on and the one below (on photobucket) had a similar terms and conditions and exactly the same covering letter.
http:// i765.photobucket.com/albums/xx292/digby99/capital1applicationform2.jpg
The exception being the application form is different. It is also interesting to see that 'authorised signature for Cap 1' is the same person with two years separating the applications. Now what are the odds of that?:)
In your considered opinion is this one unenforceable?

natters_2

This question may have already been asked - but I have not read every page, so apologies if it is a repeat.
In one of the letters this line is used.
This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land.

In a response the DCA has put

Incidentally, the highest court in the land is the Supreme Court not the House of Lords.

Having a quick google for the facts it appears that they may be correct (although not at the time of receipt of my letter!) so does this sentence now need to be changed?

never-in-doubt

cardcutter wrote: »

The exception being the application form is different. It is also interesting to see that 'authorised signature for Cap 1' is the same person with two years separating the applications. Now what are the odds of that?:)
In your considered opinion is this one unenforceable?

You gotta laugh haven't you - so you mean it was signed at the time you requested the CCA - that sounds about right lol....

Yes, treat them as separate accounts but send same letter to both. It will be unenforceable, yes. :T

never-in-doubt

natters wrote: »

This question may have already been asked - but I have not read every page, so apologies if it is a repeat.
In one of the letters this line is used.
This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land.

In a response the DCA has put

Incidentally, the highest court in the land is the Supreme Court not the House of Lords.

Having a quick google for the facts it appears that they may be correct (although not at the time of receipt of my letter!) so does this sentence now need to be changed?

Thanks for noting this - obviously I rely on you guys to tell me of any changes - although to be fair it doesn't really matter if our letters have the odd mistake, being theirs usually contain several :rotfl:

But i'll check it out with my source and change the template later if relevant, I was under the impression that was referring to the case at the time, which was won on the highest court of appeal - at that time.... see what I mean? i.e. at the time the case law relevant, was applied by the highest court in the land at that time - - but since then the structure has changed.

I'll check this out and confirm - thanks for this... :T

InDeepDebt

never-in-doubt wrote: »

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

That is a cracker of a letter. Many thanks for taking the time to read my post and give help and advice.

A big Cheers to you

Jim :beer:

BigCraigJohn

Evening Nid, just a general question for you(I have searched but the info has mashed my brain). I know there was something to do with cancelation rights and enforceability, could you clarify this please? Been looking at 1 of my brothers old agreements and although it says they will let him know how to cancel by post its not actually mentioned in the agreement. He's not wanting to dispute the agreement, I guess it would just be good to know. Strange aswell as he is 1 of these organised people who keeps things in perfect order and there is no paperwork there regarding cancelation.

never-in-doubt

BigCraigJohn wrote: »

Evening Nid, just a general question for you(I have searched but the info has mashed my brain). I know there was something to do with cancelation rights and enforceability, could you clarify this please? Been looking at 1 of my brothers old agreements and although it says they will let him know how to cancel by post its not actually mentioned in the agreement. He's not wanting to dispute the agreement, I guess it would just be good to know. Strange aswell as he is 1 of these organised people who keeps things in perfect order and there is no paperwork there regarding cancelation.

There is nothing within the usual unenforceability rights to include for cancellation period. I'd honestly not worry too much about this if I were you.....
Although if it was for a loan then there should be something there - but you're not really making sense anyway lol - too vague...

BigCraigJohn

never-in-doubt wrote: »

There is nothing within the usual unenforceability rights to include for cancellation period. I'd honestly not worry too much about this if I were you.....
Although if it was for a loan then there should be something there - but you're not really making sense anyway lol - too vague...

Thats me - Vague

whisp

never-in-doubt wrote: »

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.

Wow, Niddy, thank you soooo much for looking at this, I really appreciate you taking the time and effort.

This might be a silly question, but I'm guessing it's better to send a postal order rather than a cheque for the CCA fee, due to the signature thing?

never-in-doubt

whisp wrote: »

Wow, Niddy, thank you soooo much for looking at this, I really appreciate you taking the time and effort.

This might be a silly question, but I'm guessing it's better to send a postal order rather than a cheque for the CCA fee, due to the signature thing?

Hiya

Exactly - send a Postal Order yea? I know it seems a pain starting at scratch but trust me, will make life easier for me and we can then base things in a format instead of just jumpin in at the deep end....

Hope it's all clear, basically just do as I ask then post back when you hear anything and we'll sort this. If they ring you then fail security deliberately (so they cannot discuss anything over the phone!)....