Unenforceability & Template Letters III

never-in-doubt

BeenieCat wrote: »

Lol, you got PMT?

Is that Perfect male thoroughbred?

aaaw, how nice

never-in-doubt

tryingto wrote: »

Received a response from a DCA about them sending me an illegible application form.

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

Scan letter and let me see it please, i'll sort you a specific reply - they wanna play games with me do they :mad: :mad: :mad: :mad:

tryingto

Will do, cheers very much Niddy. Scanner on blink, so might be tomorrow. Worst case I will type up and email. Cheers again.

libbyjade

never-in-doubt wrote: »

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

Hang on a minute, doesn't a person have to stop doing some work for it to constitute a strike?? How are you going to get round that element?? :rotfl::rotfl:

*goes back into lurking mode!

never-in-doubt

tryingto wrote: »

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.

An application form will not allow enforceability through the courts, muppets! :rotfl:

tryingto wrote: »

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.

Quite possibly but I am specifically referring to s.127 which protects us. The lender MUST be able to attend court with the original or they will lose - great, let them take you to court - it could be funny actually!

Ok, so I lend you money (say I buy you a house) - we sign a contract and then you die (sorry but you'll see where i'm going). If I did not keep my copy, do you think I have a right to your house? Where is the proof I lent the money? What, so everyone knows I did but without the proof then sorry, its my own fault - I will lose and the house will go to your estate.

You think any court would sit there and take MY word for it, i.e. the fact that I drew up what they classify as a recon? I would surely fix it to make me sound better and to make me the beneficiary, right? lol

They are quite simply wrong, wrong, wrong! :rotfl: :rotfl:

tryingto wrote: »

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.

Yawn Yawn Yawn - the CCA clearly stipulates what they must send in order to satisfy s.78.... However they are then swinging onto the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 - so which is it to be? make your bloody mind up!

Mate don't worry, try and email or post a link to their letter so I can rip it apart and reply in kind for you

never-in-doubt

libbyjade wrote: »

Hang on a minute, doesn't a person have to stop doing some work for it to constitute a strike?? How are you going to get round that element?? :rotfl::rotfl:

*goes back into lurking mode!

Hi matey :rotfl: :rotfl:

I was thinking about you earlier and wondering if you were chuckling last night, around 9.30pm (ish)....

Utopia

Double Wow Nid !

Many thanks for your quick answer. ;-)
Is that really the end for LTSB for now? I'll send the Final Response letter you mentioned and see what happens.
Cheers for that.

X

libbyjade

never-in-doubt wrote: »

Hi matey :rotfl: :rotfl:

I was thinking about you earlier and wondering if you were chuckling last night, around 9.30pm (ish)....

Hi mate,

I was a little, but not as much as you I'd imagine. Especially with 2 results going your way .

I'm hoping to have a huge on my face tonight about 9.30pm (ish) but I inevitibly never do when 'they' play .

AndyLGR

I recently requested a copy of my CCA for a Cap One credit card through the DCA Fredricksons.

Today I got a direct reply from cap one. They sent me a covering letter. A scan of my application (not a scanned copy of the original agreement as they state in the enclosed letter) and also a 6 page print out of terms and conditions that includes details on the credit limit, protecting your card, using the card, promises to pay, monthly statements, credit limits, other charges,protection insurance, defaults, lost or stolen cards, billing address, ending the agreement etc. This 6 page print out of terms and conditions I think is a print of the current ones.

Here are scans of the letter they sent, any help would be appreciated. Thanks.

http://i366.photobucket.com/albums/oo103/AndyLGR/misc/3.jpg

http://i366.photobucket.com/albums/oo103/AndyLGR/misc/1.jpg

http://i366.photobucket.com/albums/oo103/AndyLGR/misc/2.jpg

never-in-doubt

Regards to this account - they have told you it is their final response, so send this and leave things in stalemate - Debtors Final Response - CCA Received

You may wish to remove the card number and reference from the images mate - as i've just been PM'd, however I did reply saying it doesn't really matter too much - the agreement isn't an agreement so they can't do anything and so what if they see you're getting help here, maybe they can learn something in the process hehe