Unenforceability & Template Letters III

libbyjade

never-in-doubt wrote: »

Are you involved in one or both the current "actions"? :p

I'll be involved in some disciplinary action if I don't get some work done soon!!:rotfl:

cardcutter

never-in-doubt wrote: »

You're right it is mate - the first page has the required PT's so not much you can do with that i'm afraid.....

Sorry - I did miss it last week. Thanks for reminding me... although you'll wish you never now lol.... sorry mate.

This is enforceable = offer of repayment time now.

Curses..:).
Once again thanks for your time and effort.
Interestingly they may try to ask me to take out a new loan to cover the outstanding amount in a few months time. This would make null and void any previous agreement. I thought I would check it out anyway.
I only found out on Friday that this is what is termed a personal loan as opposed to a car HP agreement. I have only started to look into it as I understand that, some time ago, in order to shift cars with negative equity this was the way to go for BH (most likely in collusion with the car dealership). Should it have been an HP agreement, it could have been a case of 'chuck the keys in and walk away'. Had the vehicle been to subject to negative equity BH would have been left with potentially thousands of vehicles in this state.
Unbeknown to the customer the situation is reversed with them holding the negative equity. At the time of purchase I was not informed of this scenario and would have kept the old vehicle for longer.
Wonder why I hate banks?...........

AndyLGR

AndyLGR wrote: »

I sent 2 CCA's off on 31st Jan this year, one to Lowells for a Barclaycard and one to Fredrickson for a Cap 1 card.

Fredrickson have replied to say they have requested the CCA from the original lender and in the meantime my account is now on hold. So they have declared my account is on hold - do I still send them stage 2 reminder and tell them I'm withholding payments (I've already stopped my standing order for them due later this month).

Lowells have sent 2 replies basically saying the same thing that the lender is requesting the form from their archives and once they obtain it then I will have to pay the amount owed in full, or risk going to court etc. I think they are trying to scare me in to suddenly paying the full amount (if I could), but anyway I was going to send the reminder / cease payments letter today anyway and see what happens from there, however now you mention how long it takes to get archived material, should I hang on a little longer?

Despite Lowells trying to put the shlts up me by sending at least 3 letters, all in the 7 weeks since I applied for the CCA, telling me that once Barclaycard retrieve the CCA then I would have to pay the full amount owed immediately or go to court................

They have written to me again today to say the lender cannot find the CCA so they (Lowells) will not pursue for the remainder owed. :j

never-in-doubt

AndyLGR wrote: »

Despite Lowells trying to put the shlts up me by sending at least 3 letters, all in the 7 weeks since I applied for the CCA, telling me that once Barclaycard retrieve the CCA then I would have to pay the full amount owed immediately or go to court................

They have written to me again today to say the lender cannot find the CCA so they (Lowells) will not pursue for the remainder owed. :j

Hehe - see, I love it when a plan comes together! Well done matey :T

midastouched_2

never-in-doubt wrote: »

Hiya matey - ok, on page 1 of the links (the application and agreement) at the very top just above the highlighted bit that states "Your Choice of Card" - Have you read it?

This is what makes it "enforceable" - you'd think, right?

It says:

"If your application is accepted by our signature above and we send you a card then this will form the agreement made between you and us, Lloyds TSB; on the Terms overleaf and the full conditions set out in the brochure" etc etc....

However, silly silly bank forgot to sign meaning that there is no agreement meaning this is unenforceable - :T :T

The fact you sent the CCA Query letter is fine, leave things as they are and see what they come back with.....

Obviously we're clutching at straws, but hey - worth a gamble right?

Hi mate - hope you had a great weekend. :beer:

I'm just wondering whether I need to answer this latest communication as the default letter I sent them which crossed in the post, makes no reference to this one. Don't I need to reply if only to keep things chronologically correct?

midastouched

scarednshakin

Hi Niddy, hope you had a fab weekend and didn't do too many naughty things

Got a reply from BOS on Friday (see was good and did not panic) regarding my letter that you so kindly wrote post #594

The letter says 'Thank you for your letter concerning the above credit card agreement, which is goverened by both English Law and the Laws of Scotland and regulated by the CCA 1974.

You have requested the below documentation to demonstrate a fully executed agreement under section 78 of the CCA 1974. This constitutes:

statements complying with section 78 of the CCA 1974 which were issued to you on a monthly basis until your account was passed to Blair, Oliver and Scott for recovery.

a copy of the credit card agreement , which complies with the requirements of the CCA 1974 ('The Act') and the relevant regulations made pursuant to that Act, in particular the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)

a copy of the terms and conditions (both current and historic)

The executed credit agreement fulfils your request for a copy of the contract binding both parties.

The Historic Terms and Conditions are a reconstituted vision of the second page of the application whch was sent to you on 23 February.

Section 78 stipulates that a 'true' copy of the agreement must be provided to satisfy the request. It is accepted as a matter of good law that a 'copy' for the purposes of section 78 need not be an exact copy or photocopy as long as the true copy provided contains every material provision of the agreement signed. Non statutory information included for the creditor's own benefit and signature boxes need not be included in the true copy. A signed credit agreement is only required when we seek to legally enforce the debt or take legal action against you.

It is denied that the agreement is defective as alleged or otherwise. The agreement complies with the requirements of Part V of the CCA 1974, and the relevant regulations made pursuant to that Act. As such, the agreement was validly executed and is enforceable. You should continue to maintain repayments.

For the avoidance of doubt, the CCA 1974 does not prohibit collection activity when an account is in dispute.'

What do I do now? Any help/advice as always greatfully received :D

jadex

scarednshakin wrote: »

For the avoidance of doubt, the CCA 1974 does not prohibit collection activity when an account is in dispute.'

any comments on this ??

razer12121

im still getting letters from NDR, there the same threating ones telling me how they have added £12 on and also that there going to take further action bla bla bla, anyway ive sent the letter of to them telling them about additions being in default...this was a while ago now! should i send anouther letter or just ignore them?

never-in-doubt

libbyjade wrote: »

I'll be involved in some disciplinary action if I don't get some work done soon!!:rotfl:

libbyjade wrote: »

As a company we are involved in both "actions", as an individual, I am in involved in another action. (or am I getting lost with this crypticness now lol)

Mate - we're speaking about the same thing here lol - no more cryptic clues honest! hehe

Just didn't want to say too much, but we're on the same wave - thats good...

Don't be getting sacked now you slacker hehe :rotfl:

never-in-doubt

midastouched wrote: »

Hi mate - hope you had a great weekend. :beer:

I'm just wondering whether I need to answer this latest communication as the default letter I sent them which crossed in the post, makes no reference to this one. Don't I need to reply if only to keep things chronologically correct?

midastouched

Hiya

Weekend was great thanks - hope yours was nice and stress free? :beer:

No need to respond mate, that's it - you sit and wait....