Unenforceability & Template Letters III

jen_br

Good MOrning Niddy.. I got a response from lloyds for my account not my husbands as of yet *his is so old im sure they dont have it*

well they said that they enclosed a copy of my "reconstituted" version of my executed Agreement. A copy of my CURRENT terms and Conditions and a signed statement of my account. they said they satisifed their obligation. and there is no requirement under the CCA to provide me with a copu of the original SIGNED aggreement.

but they enclosed a copy of the front page of the APPLICATION that i signed *all though its not my handwritting ont he page... and it looks like my signature has been scanned in from a signature from the bank when i first joined its poor photocopying*

do you want me to scan all documents?

never-in-doubt

jen_br wrote: »

Good MOrning Niddy.. I got a response from lloyds for my account not my husbands as of yet *his is so old im sure they dont have it*

well they said that they enclosed a copy of my "reconstituted" version of my executed Agreement. A copy of my CURRENT terms and Conditions and a signed statement of my account. they said they satisifed their obligation. and there is no requirement under the CCA to provide me with a copu of the original SIGNED aggreement.

but they enclosed a copy of the front page of the APPLICATION that i signed *all though its not my handwritting ont he page... and it looks like my signature has been scanned in from a signature from the bank when i first joined its poor photocopying*

do you want me to scan all documents?

Hiya

Are you quite sure then that they have hand wrote it and copied an older siggy? If so then send this back, CCA Dispute - Forged Document Supplied - I do not need to see anything - from what you've said it is already unenforceable as they must send a set of terms from the date of account inception and the current ones.

:D

jen_br

They have sent a TC from day opened of the account and todate... but none of them are signed only thing signed is just my Branch application

heres how i know it has been filled out.

Different pen filled it out then signed it.. its not my hand writting the application.

then where the signature is... my signature looks scanned.. then the date again is in different handwritting to mine. The address on the T&C and on the application is differet.. (its different towns) and i know the one on the application ISN"T right.

I would like it if you could look at it just so i know im not crazy as im sitting here thinking no.. thats NOT my hand writting..

BrightonSun

Morning,
Well I have received a reply from Barclaycard and I have seen it on here before
Basically they supplied T&C's and sent them your copyrighted letter
I have received a reply which again I have seen on here saying they have complied legally and they don't have to do anything further. Very short and sweet. Will try and find the post with the same letter?
Can you help ??

BrightonSun

Found it!!

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,

maz1964

Good morning Niddy and the gang

looks like i need to catch up lots again a busy week off duty debt resolving lol

however, i will be back later to catch up all the posts since i last viewed and also to email you niddy with my reply from lloyds with sars reply and all info they hold on me - which for my cca request last year ive now got back the same copy of my APPLICATION and their logs confirm this too:beer: hoping this is a good result for me (mind you last year they thought id gone via a company but hadnt) their log infact shows a non mark against having a Agreement - anyway will let you decide cos ive now had a letter asking me to pay in full from lloyds recovery team or supply all my financial affairs and info so they can assist me on a payment plan etc ,,,,

However, following your advice here id already requested again my cca to the dca who was chasing me for the credit card payment, that they have written to me advising me that they had asked the original creditor ie lloyds for the info and that it would follow in seperate cover, however the next day i got the above letter from lloyds instead and still awaiting the cca from my cca request......


keep happy all laters angel x

shed_head_2

Also, within the court paper wok you've received, you'll have been issued with a log in & password details, can you confirm you have them?

I'll be back later tomorrow to give you further guidance.

Stay calm, you'll be OK [/QUOTE]

Yes I have a log in and password details.

I have got the kids out of the way for a couple of hours this pm so will go through all the boxes of paperwork and see what else is around.
Thanks for the words of wisdom.

Shed

never-in-doubt

BrightonSun wrote: »

Found it!!

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,

BrightonSun wrote: »

Morning,
Well I have received a reply from Barclaycard and I have seen it on here before
Basically they supplied T&C's and sent them your copyrighted letter
I have received a reply which again I have seen on here saying they have complied legally and they don't have to do anything further. Very short and sweet. Will try and find the post with the same letter?
Can you help ??

Hiya

Ok, time to kill this dead - it is unenforceable, as my first opinion stated - send this and ignore them from here-on-in: Debtors Final Response - No CCA Received

never-in-doubt

jen_br wrote: »

I would like it if you could look at it just so i know im not crazy as im sitting here thinking no.. thats NOT my hand writting..

Hiya Jen,

Okies - it is definitely 100% unenforceable, without the fact they sent a forgery! So send the letter below, and leave it at that! Well done :T

Dear Sirs,

Account No: XXXXXXXX

Having recently requested a copy of the alleged original Credit Agreement (CCA), in line with the Consumer Credit Act 1974 (s.78), I was dismayed to receive what can only be described as a fraudulent document with an even weirder covering letter - I really do not know where you are finding the facts you quote but suffice to say, maybe now would be a good time to take a Consumer Credit Act training course because it is clear that you really do not understand the Act, nor the encompassing additions such as Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

Anyway, the reasons for this claim are set out below:

• The handwriting is not mine
• Part of the address used on the forged application is not correct
• The signature is a clear copy/paste

As a result of the above, and also considering the fact that the prescribed terms are not intact nor are they linked in any way to the actual alleged agreement, this account is hereby deemend unenforceable and will remain so until you clarify your position and send me an actual photocopy of the alleged original.

Kindly take a look at the following article which may shed some light on what the law considers a 'True Copy' - http://news.bbc.co.uk/1/hi/business/8393768.stm

I quote, from this article:

The OFT goes on to advise that lenders would be acting unfairly, and potentially in breach of their consumer credit licenses, if they misled borrowers by:

• hiding or disguising the fact that there was never a proper signed agreement in the first place
• providing only a copy of the current terms and conditions, not the original ones

As is clear, sending me a document that clearly was not in place at the time of the alleged agreement was sent to me, is indeed a direct breach of this OFT Guidance.

As you have failed to comply with my lawful request for a true, signed copy of the agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested but instead sent a forgery, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counter-claim that any such action constitutes unlawful harassment and pursue legal action for the attempted fraud.

You may also consider this letter as a statutory notice under s.10 of the Data Protection Act (1998) to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Any attempted argument regarding case law such as McGuffick v RBS or Carey v HSBC will be dismissed as those particular cases have no bearing on the legal reporting methods that a lender has with the CRA, namely adding derogatory data whilst an account is in dispute - this account clearly is disputed.

As a result of everything put together in this letter, I do feel it would be in your best interests to consider this matter closed and write off the balance as a business loss. The last thing you need right now is bad publicity and a legal loss, by presenting a forged document that we both know does not and will never satisfy clear guidelines set out in s.127(3) CCA(1974).

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data and your reasoning as to why you issued a forged document under the pretence it was a copy of the original. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

Need I remind you that a creditor is not permitted to take ANY action against an account whilst it remains in dispute? The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit unless you contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.
In light of the above, I would appreciate your due diligence in this matter and look forward to hearing from you, in writing within 30 days.

Yours faithfully

Sign digitally

jen_br

Send this to the same addy as the complaint.?