Unenforceability & Template Letters III

never-in-doubt

Locke wrote: »

Alright NID?

I've had a reply from Halifax, they say they've sent a reconstituted agreement which does contain my signature and date (copy and paste?) but the rest looks like it's been put together by photoshop and the opening letter reads...

I have enclosed with this letter a copy of your reconstituted version of the executed agreement comprising both the original and current terms and conditions and a copy of your original signed application form together with a signed statement of the account.

They've got all of my details typed out on a sheet of A4 then at the bottom they've got a box that says the agreement which goes on about the credit consumer act 1974 which goes on to say about using credit scoring techniques to assess my application and another box under that with an arrow saying just sign here.

On the back they've got some terms which they've stuck in the middle of the A4 sheet but only have the prescribed terms that they need rather than the lot.

What's your advice on my next move, NID?

Send this mate: CCA Query - Copy Document Supplied

See what they come back with before we start sending personalised responses (am just toooo busy right now)..

never-in-doubt

BigCraigJohn wrote: »

I read a thread on CAG where someone had asked to go up to Nottingham and have a look and they actually admitted in writing that they scanned the signature side and disposed of the rest. Thats good enough for me considering they seem to send out anything but a copy of the reverse.

Going to Nottingham is not a reasonable request, i'd not suggest doing this - EVER! :rotfl: :rotfl:

This is where CPR 31.16 would be better utilised....

never-in-doubt

jinny wrote: »

Well just opened a well deserved bottle of red wine. I've been on all day sorting paperwork into piles all of my debts Phew!. Ive put them away in their own files until tomorrow night after work when I will go through them more accurately to write off for CA's. They are all unsecured loans totaling around £8500 most taken out more than six years ago I think but I haven't scrutinized them properly yet. I have been concentrating on paying off my priority debts first as I am near to retirement age, so those are fine. I have a quantum gas meter for £400 owed The question I have is do I send off a letter to everyone because I only get pestered by about two of them pesky's and do I send a request to take me of their phone database at the same time.

You can only request a CCA for regulated products, i.e. cards and loans - not electric or other utilities.....start at page one with the CCA Requests.....

never-in-doubt

10past6 wrote: »

In that case, amend and send the following letter to Moorcrap:

OI cheeky sod! I have my own templates - lol: Account sold whilst in Default of CCA Request :mad: :mad:

Good job it's you or i'd spank yir arsey! :rotfl: :rotfl:

never-in-doubt

Squibble wrote: »

Hi all,

I am in the process my credit card agreement. The company has said they will send me the CCA in due course. I did not receive a reply I followed the checklist provided in the forum (thanks it helps alot!!) but they still have not sent the CCA.

Hiya

page 1:

4. CCA Dispute / s.10 Cease & Desist
This is the letter you send if the CCA has not arrived, usually 30 days after the CCA Reminder letter was sent - also a s.10 Cease & Desist letter (s.10 / DPA1998).

That's what i'd be sending if you've waited 30 days since the 12+2 days expired.

Aimsleey

NID- I love reading your replies to people... your a bit of a genius!! I wonder if you can help me with a reply to CCA request that I received from HFO (for Barclaycard). I CCA'd all my creditors & have had 3 write back to admit they have nothing HFO sent me what seems to be a photocopy of a summary of my application form and it does have my signature & date on it (2004) so I think it may be enforceable (as their very grumpy letter warns me) but I wonder if you would have a look just on the off-chance? They have also all of a sudden added 12% interest which brings the total due from £761 up to £1139!
Would you mind if I pm'd it to you?

never-in-doubt

Aimsleey wrote: »

Would you mind if I pm'd it to you?

Hiya

Feel free.....

mojoparrot

never-in-doubt wrote: »

Hiya

You'll need to email me whatever you need checking..... as for the M&S card, what did I say last time? Was it enforceable or UE? Remember I see loads of these each day and cannot remember!

Yes so I see and increasing:o
The M & S card was on a technicality it was a store card then changed to visa, so I was to say the agreement was not a varying agreement. Looks like they are trying to erase the 10 years when the account was a store card and are making out that all they have on the account is starting at the visa stage. The other account that I have with M & S looks like they have altered the paperwork to support this. The other account was taken after the store card so the application/ agreement that i completed then asks me to make reference to the store card and they have blocked that out.
The new copy of the same CCA that I have for the store card contains a signature and from a M & S person which has been blanked out in the new copy so clearly they have been tampering with the agreememt!:eek::eek:
Will sort through my stuff and email you something that you can work with. Loads of CCA's came back at once but some of the stuff I can work through your flow chart.
THANKS!:)
Mojo

jen_br

Good Luck MOJO!!

mojoparrot

jen_br wrote: »

Good Luck MOJO!!

Naughty M & S!:mad: