Unenforceability & Template Letters III

a-smith_3

Hi N-I-D - I trust you had a good weekend away

I’m new to this (but not to credit card debt) I wish I’d looked deeper and found this sooner, but here is where I am.

I requested a copy of the CCA for all my credit cards, with the following:

‘I note that this agreement was entered into prior to April 2007 so there might be a question as to its compliance with the Consumer Credit Act, its enforceability and the penalty/late charges made on it.’

And last in October at the end of a second letter with:

‘Finally, I note that this agreement was entered into prior to April 2007 so is covered by the Consumer Credit Act of 1974. I think there is a question as to its enforceability of the agreement and the penalty/late charges made on this account. Could you please send me a copy of the actual signed credit agreement for account number XXXX XXXX XXXX XXXX.’

In March I sent a reminder in with a copy of the October letter

one Egg replied with a copy of a document with my signature on and I thought that’s that - I will now have to go back an have a good look at that.

Another B.card replied asking for £1 - which I sent and a reminder a month ago - but I have had no reply,

I had other correspondence with B.card and arranged a reduced payment plan - I am a day or so late with the reduced payments, do I not pay it and send the ‘CCA Dispute / Section 10 Request’ letter ?


Two others CoOp and Haifax have not replied But have ‘passed’ my account to a dept collectors

I do not understand if the dept collectors are acting for a client (as they say) or have bought the debt - I think you are saying it’s academic - just reply to whoever is hassling you and let them sort it out ?

Is the wording of the above request for CCA good enough (based on the fact that it was good enough for Egg) and can I send the dept collectors the ‘CCA Dispute / Section 10 Request' letter too (maybe Adding the bit about If you're Not the Creditor) ?

OR should I send them the ‘Reminder to CCA Request’ letter leaving out the part abought Paying £1 and Adding the bit about If you’re Not the Creditor ?

All my letters were sent Recorded Delivery, headed:

Without Prejudice, Dear Sirs, Re: Account Number XXXX XXXX XXXX XXXX

and ended:

I would be grateful if you could acknowledge this letter within X days and handle my complaint according to your usual complaint procedures. Yours faithfully and Signed - ARRR!! - I have just read your note on Sign digitally

- does the Same not apply to sending them a personal cheque (for the £1) - it would have your signature on it Plus bank account details !

Sorry if this a bit long but I have a lot of catching up to do - thanks in advance A

elsie52

Hi Niddy,

Hope you had a great weekend and feel rested.

I have got the next letter which you advised all ready and waiting to be posted.

Does this mean, that you do not think that they will send anything back as they indicated in the first paragraph of their letter.?

Thanks very much.:beer:

never-in-doubt

mojoparrot wrote: »

Hi NID:T:T

Could you have a look at my Dorothy Perkins account please? I have emailed you the scanned copy. (MOJO/DP in title bar)

26/3/10 sent CCA request
12/4/10 sent CCA reminder
Received 14/4/10 "credit agreement" and statement of account.

The document was completed by me over the counter in store in 2000 it says agreement. What do you think?

Thankyou muchly:D:D:D:D

XX HAVE A SUPER, WELL DESERVED, RESTED, COMATOSE. WEEKEND AWAY XX

:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T

Mojo:o

Hiya

I'll work on the emails (how many) :eek: throughout today for you, i'll update this thread / reply to emails as and when I get through them - am a wee busy right now to be downloading loads of documents but reast assured it'll be sorted today for you

never-in-doubt

catherine238 wrote: »

Welcome back nid hope your well rested. So happy at the mo thank you:-D cabolt is the old index credit card debt and you said they where not supposed to share info with 3rd parties so do you think cabolt loaded the default with cra? Can they do that I have never heard from them that they bought the debt but I have moved quite a bit? So happy right now just that double default to hear about. Really want to go for a mortgage at end of year worried that cabolt default could ruin it:-( thanks again really couldn't have done it with out you:-D

Hiya

I know what you're saying but really we need to enforce the fact it is unenforceable first and foremost then at a later date we'll worry about the default etc.... defaults are the hardie and right now I cannot commit the time to getting it removed..... or try your luck using the templates from page 1, starting with the request proof of default letter - see what happens.....

never-in-doubt

swanfan02 wrote: »

Hi NID hope your weekend was free of stress & full of beer.:D Had a document from MBNA, can you PM me your email addy so i can send this to you to have a look at.Thanks.

Done......

never-in-doubt

trigger1812 wrote: »

Hi Nids, hope you had a great time and the weather was fab! I have received a reply from link saying the following.

You recently made a request under section 77/78 for copies of various documents.
As you are aware Link Finacial purchased your debt from Lloyds TSB bank on 29 July 2005 and as such we do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from Lloyds TSB Bank PLC and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide.

So NIDS do I now wait 30 days from the date of the letter?
Thanks in advance.

Just wait a few weeks until they respond, they are in default aready as the timescale is 12+2 days so let them dig a deeper hole, and see what they reply with.

If nothing back from them by the end of June then time to send the reminder letter off.

never-in-doubt

elsie52 wrote: »

Hi Niddy,

Hope you had a great weekend and feel rested.

I have got the next letter which you advised all ready and waiting to be posted.

Does this mean, that you do not think that they will send anything back as they indicated in the first paragraph of their letter.?

Thanks very much.:beer:

Hiya

I don't think they have anything to send back, no. But just send the template as suggested and lets wait and see - if anything they will send a recon or terms... you can wait a week or two if you like, before sending the letter? Does no harm?

never-in-doubt

a-smith wrote: »

Hi N-I-D - I trust you had a good weekend away

Great time - we won the league so Niddy is a happy-chappy :beer:

a-smith wrote: »

I requested a copy of the CCA for all my credit cards, with the following:

Where did you get the CCA Template and wording? This is not wording I use and would definitely not suggest quoting it - ever!

a-smith wrote: »

And last in October at the end of a second letter with:

‘Finally, I note that this agreement was entered into prior to April 2007 so is covered by the Consumer Credit Act of 1974. I think there is a question as to its enforceability of the agreement and the penalty/late charges made on this account. Could you please send me a copy of the actual signed credit agreement for account number XXXX XXXX XXXX XXXX.’

In March I sent a reminder in with a copy of the October letter

I am lost - where are you getting these templates/wording? Penalty / late charges is not part of a CCA in theory and really should be dealt with via SAR.

You are aware that all agreements are covered by the CCA - right? So why point out that ones prior to 04/07 are, the ones after 04/07 also are! *insert confused smiley here*

a-smith wrote: »

one Egg replied with a copy of a document with my signature on and I thought that’s that - I will now have to go back an have a good look at that.

Yep - check it out and ensure it works as per the flowcharts on pages 1&2.

a-smith wrote: »

Another B.card replied asking for £1 - which I sent and a reminder a month ago - but I have had no reply,

Then wait - they are in default until they do reply with your CCA request.

a-smith wrote: »

I had other correspondence with B.card and arranged a reduced payment plan - I am a day or so late with the reduced payments, do I not pay it and send the ‘CCA Dispute / Section 10 Request’ letter ?

You can do, but i'm still lost at the chop/change between accounts! Try listing each creditor, the status you're at and other details cos right now i'm really struggling to grasp your message (sorreee!) :eek:

a-smith wrote: »

Two others CoOp and Haifax have not replied But have ‘passed’ my account to a dept collectors

DEBT collections agencies... a Dept is a department!

The OC (original Creditor) can sell the debt as they see fit, so long as they send you notification of the sale/assignment to the DCA.

a-smith wrote: »

I do not understand if the dept collectors are acting for a client (as they say) or have bought the debt - I think you are saying it’s academic - just reply to whoever is hassling you and let them sort it out ?

Yes, the DCA can hassle you on behalf of the lender. Usually a lender will default the account and then sell it to a DCA who then registers ownership. So if a DCA writes to you, you respond to them.

a-smith wrote: »

Is the wording of the above request for CCA good enough (based on the fact that it was good enough for Egg) and can I send the dept collectors the ‘CCA Dispute / Section 10 Request' letter too (maybe Adding the bit about If you're Not the Creditor) ?

Absolutely not. I would suggest you cease to use that template/wording cos you've done nothing to help yourself and also shown your lack of knowledge in the actual consumer element of the CCA laws.

a-smith wrote: »

OR should I send them the ‘Reminder to CCA Request’ letter leaving out the part abought Paying £1 and Adding the bit about If you’re Not the Creditor ?

they are the creditor though, i.e. the assigned creditor - you're confusing things that do not need to be confused - stick to the templates as they are - nothing you can do, will change the laws/processes so why would you delete a bit when nobody else needs to? See what I mean?

a-smith wrote: »

All my letters were sent Recorded Delivery, headed:

Without Prejudice, Dear Sirs, Re: Account Number XXXX XXXX XXXX XXXX

and ended:

Ok, so now you're restricted the documents (i.e. YOUR PROOF) from being used in courts! i.e. everything to date is a waste of time. Do you understand law and the consequences of adding "Without Prejudice"? Basically, these documents mean nothing now - you cannot refer to then in a court of law so expect a torrid time from your creditors.

If I were you i'd start again at step 1 and send the proper CCA Request to each creditor, with the proper wording (i.e. do not amend them in the slightest) and then post back when you get replies. You need to stop changing things and stick to the correct legal formula that works - you'll notice each lender/dca will also respond to you properly as they understand the content of the proper templates. Yours will be dumped at the bottom of a pile and left, cos legally they are useless.

Sorry, but that is my slant on things.

a-smith wrote: »

- does the Same not apply to sending them a personal cheque (for the £1) - it would have your signature on it Plus bank account details !

Your bank details means nothing, for £1 you simply print your name on the cheque, i.e get a mate to sign it in your name or something - it will not be checked by your bank!

catherine238

thanks nid
no harm in trying the default prove it letter is there lol
will keep ya posted
catherine

trigger1812

Thanks Nids will wait and see