Unenforceability & Template Letters III

fermi

flo: Why did you not do with CrapQuest the same as you did with the first DCA?

flo5

Partly because l thought if they had sold it on to another company l was worried that had l done something wrong and partly because they just rang out of the blue were as the previous DCA just wrote.

Should l sent this letter now?

Thank you

Lyndzzz

Hi Nid,

Here's a CCA reply for you.....

It was sent from LLoyds TSB Credit Card, they had til the 5th (14 days being up) and i received this saturday. Looks to me like they cant find original credit agreement and have sent this in a panic....

".......I have enclosed with this letter a copy of the reconstituted version of your executed agreement, a copy of your current terms and conditions and a signed statement of your account. By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. there is no requirement under the CCA to provide a signed agreement. We are endeavouring to locate the copy of your signed agreement but please be assured we would not have opened a credit card account without having sight of a signed agreement. For the avoidance of any doubt we have set out in the appendix to this letter, your rights under section 78.

Having satisfied our obligation under section 78, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondance with you regarding the provision of copy agreements."

So there you are.. They have supplied the key financial info with apr's and such and it looks like they have printed off current ones as it has my current address on the top. ( i opened this cc in my previous address)
They have sent cc conditions, and my latest statement that they have signed.
There is nothing that has my signature on, so should i continue forward as if this is unenforceable?? and what letter should i now send??

Thanks in advance NID x

never-in-doubt

Lyndzzz wrote: »

There is nothing that has my signature on, so should i continue forward as if this is unenforceable?? and what letter should i now send??

Thanks in advance NID x

Hiya - send this: Debtors Final Response - CCA Received :D

never-in-doubt

flo5 wrote: »

Should l sent this letter now?

Thank you

Yes, as fermi suggests, just copy the process used previously...... page 1 explains in detail, the processes.

They always sell the debt around, don't worry about it..... it is still the originators job to send the request to the correct firm. Just complete your paper-trail then you can move in for the kill with the CCA Dispute letter - basically putting them at task to provide the agreements.

flo5

never-in-doubt wrote: »

Yes, as fermi suggests, just copy the process used previously...... page 1 explains in detail, the processes.

They always sell the debt around, don't worry about it..... it is still the originators job to send the request to the correct firm. Just complete your paper-trail then you can move in for the kill with the CCA Dispute letter - basically putting them at task to provide the agreements.

Thanks you so very much - it is such a relief to have someone with the knowledge to help people like me who do not know what to do:A

I will send the letter tomorrow - thank you

Locke

Alright NID, I spoke to you the other day about this letter and I'm going to send it off tomorrow > http://forums.moneysavingexpert.com/showpost.html?p=31029655&postcount=886

Just to confirm, does this count as my final response on the matter?

jadex

Hi All,
Hope you had a (very) great Easter.

Now back to business (shall we?).

After sending CCA query to Barclaycard, receiving carbon copy blanket response from them #1108 and sending the (tailored) reply about providing me with T&Cs, etc. #886, they sent me something which really says nothing (think, they could save on envelope, paper and stamp).
It says:

Ref: Section 78 of The Credit Conusmer Act 1974

I write further to your recent letter alleging that we have failed to comply with our obligations in relation to your request for documents pursuant to Section 78 of the Consumer Credit Act.

Please note that we have already set out, in detail, why we are are (typed twice) satisfied that the documents already provided to you have discharged out (it is typed 'out' I reckon it should be 'our') obligations under Act. We are under no legal obligation to provide any further documentation to you in this regard.

Yours,

That's it.

I wonder if other folks will receive the same letter (with the same typos).
It is quite unbelievable to me they do not have all those CCAs, flawed or not (unless they employ someone in the archiv who doesn't know the difference between shredder and photocopier ).

carol01

hi everyone
right, sent new letter and doubled checked for mistakes

maximoomoo

never-in-doubt wrote: »

A default is bad either way and will hinder you so if you've had one already then sod a F&F offer - try sending the CCA Request off and lets get them for unenforceability - you have nothing to lose at the end of the day - wait 6 years for the default to drop off.... if it is not with a DCA yet then they won't take good offers, if it is with a DCA then we can usually get 20% offer accepted along with default removal - it depends on assignment and what they have to gain/lose by doing it.

Try the CCA route - worth it for £1 (page 1)...

Thanks for your reply NID

The debt is with Studio for £166. I have had letters from a DCA regards this debt but it is Studio that are listed on my credit file, hence why I am targeting them. So should I still go ahead with the CCA letter to Studio or the DCA? It was Studio I made the offer to.

Also just to clarify, if I can't get rid of this one, which will be the last to drop off my file, is there any point bothering with the other ones?

Thanks again for your help

Maximoomoo