Unenforceability & Template Letters III

never-in-doubt

jammin wrote: »

Sorry, didn't spot that.

What was wrong with the cejsmith's case then, was it that he was sent a copy of his application form but not of his CCA?

why you always question me?

No two agreements will ever be the same so it cannot be compared mate!

1. No PT's
2. Its an app form
3. Its a recon
4. I wanna see original

jammin_2

never-in-doubt wrote: »

why you always question me?

No two agreements will ever be the same so it cannot be compared mate!

1. No PT's
2. Its an app form
3. Its a recon
4. I wanna see original

I see. Thank you.

Not questioning you, just curious.

never-in-doubt

jammin wrote: »

I see. Thank you.

Not questioning you, just curious.

I know mate - sorry am in a really sarcastic mood today - take no notice... when you spend enough time on here chatting you'll know when i'm serious or messing, but basically few and far agreements will be enforceable and I always said i'd not get into listing why they were not, unless they threaten court there is no need, it makes everyones life easier if I say yes it is enforceable - i'd suggest this action - or no, it is unenforceable, send this letter.

It avoids confusion as well...

cejsmith

never-in-doubt wrote: »

Oh my lord - is this what they are resorting to now? Sending blank application forms and junk through the post>?

Respond in kind mate: CCA Query

No it wasn't blank , I just removed my personal details info from the form.

( sorry I missed the sarcasm bit as well !!!!)

cejsmith

Niddy

I bet you liked the bit about how is was enforceable, it's enough to make you forget about any of the law etc:rotfl:

But on one point I think it wasn't a recon but I'm sure that doesn't make any difference.

never-in-doubt

cejsmith wrote: »

Niddy

I bet you liked the bit about how is was enforceable, it's enough to make you forget about any of the law etc:rotfl:

But on one point I think it wasn't a recon but I'm sure that doesn't make any difference.

Hang on a minute here! How come you're asking me the questions, I answer you and yet you thank the other guy!

Huh - Niddy's on a strike for 24hrs - want me, speak to ACAS or some other Union

BeenieCat

Lol, you got PMT?

Utopia

Wow! Can't believe I'm actually here posting on this superb site after finding the strength to follow this route. It's all a bit surreal! :eek:
But a huge 'Hiya' to one and all :j

On the 1st April (hope I don't end up the fool?!) I sent 3 CCA Requests to companies I've had credit cards with for many years which I only manage to pay the minimum to every month and are currently up-to-date. I am aware that I will be stopping payments now and will be defaulted, no worries.

Today I received a response from Lloyds TSB identical to 'Lyndzz' with a copy of the reconstituted agreement, a copy of the terms and a signed statement.


".......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."

Nothing is dated or signed by either parties.

Reading through your flowchart I'm guessing I now send Template 3.3 CCA Dispute - Copy Document Supplied

Thanking you in eager anticipation.

X

never-in-doubt

Utopia wrote: »

Reading through your flowchart I'm guessing I now send Template 3.3 CCA Dispute - Copy Document Supplied

Hiya

Welcome and good luck. Don't worry, things will be easier now and you'll see that you are the one in control here, NOT the lenders.....

Let me know what else comes back and if you're stuck, i'll sort it for you

Regards to this - they have told you it is their final response, great - so send this back instead of the letter you mention, as this will kill it dead and leave things in stalemate - Debtors Final Response - CCA Received

tryingto

Received a response from a DCA about them sending me an illegible application form. Wanted to check what to write back as the letter is a bit..mocking in tone (like their last one) and basically picks up everything in my letter to them and essentially says it is wrong/that I quote the wrong legislation. I told them they had sent an application form that I couldn't read and they say they have sent me a credit agreement along with all relevant information required according to the CCA.

I won't quote it all but a couple of reduced bits:
In relation to the legibility of the credit agreement, it is the case that at the time of entering into the agreement all terms were clearly legible which you agreed and signed in order to obtain the credit you received and utilised.

With regards requirements of the agreement regulations 1983/1553 concerning the form and content of the agreement, these regulations do not deal with this matter, as it is the CCA that deals with this matter as primary legislation. Section 189(4) states 'A document embodies a provision if the provision is set out in either the document itself or in another document referred to in it'. In this instance on the credit agreement it is clear that the Terms are mentioned.

I'm not sure what to write back now, I'd be very grateful for any help.