Unenforceability & Template Letters III

carol01

hiya nid
ref page 55 #1099
argos have still not replied to the letter you wrote that i sent yet moorcroft have said they will not enforce payment till this is sorted what do you think the next step should be ? thanks inadvance for your help

Rainbow_Liberty

Hi Nid, that's me back are raring to go with your instructions - whatever they be.

Did you get the PM I sent to you with the 2nd Egg letter, don't suppose you've by chance had a chance to look over it have you please.

Still haven't heard anything back at all from the other 4 CCA requests sent 25th March, roughly how long do you think I should leave it before I send the reminder template.

I'm still totally confused by the situation though as they are not showing on my credit file, where really does this leave me, especially as I'd been paying the token payment of £1 a month. This doesn't even show on my credit file

never-in-doubt

carol01 wrote: »

hiya nid
ref page 55 #1099
argos have still not replied to the letter you wrote that i sent yet moorcroft have said they will not enforce payment till this is sorted what do you think the next step should be ? thanks inadvance for your help

Hiya

You just wait now til they respond.....

never-in-doubt

putty71 wrote: »

Hi Never

Sorry to ask this as I am sure that it has been asked before and as I have not had the time, I have not been on here for a while or done a search. I still have arguements with my creditors and both Crap One and MBNA have quoted the Mcguffick court case in response to my CCA requests.
In essence what does this mean and where do I go from here? I will scan the letters and post them, but help please.

Thanks
Putty

The McGuffick case (look at page 1, post 1 for the link) simply means the lender can report to the CRA's the true conduct of your account, meaning they will report a default - which you knew anyway.

Nothing to worry about - if you've not already done so, you should be sending final response letters from page 1 unless i'd already done similar for you in the past (I can't quite remember tbh).

never-in-doubt

df1day wrote: »

I sent away a CCA request to Barclaycard for 2 accounts I have with them. I got back the usual letters enclosing current terms and conditions (I don't know how to send an attachment. Sorry) I was about to reply with template 3.2 but noticed that one letter had an additional sentence relating to agreements before 19th May 1985. Nottoolate informed me that this was correct but encouragingly said it was an admission that they don’t have the original agreement.

Can you confirm what I should now do. Is it ok for me to proceed with template 3.2 and wait for their response?

Of course it is fine to send the template - go for it.

df1day wrote: »

Secondly, the 2 replies got me thinking. I have noticed from other threads that it is normal practice for Barclaycard to send out only current terms and conditions rather than a copy of the original agreement. In my case, one letter from BC paragraph 2 states “we must supply you with a copy of your executed agreement….” Then separately only sending terms and conditions. However with the other letter they have the added sentence that pre 1985 agreements only require them to send current terms and conditions, which they then send.

By making no separate mention in the first letter that they only need to send current terms and conditions are they unconsciously admitting that for post 1985 and pre 2007 agreements they should be sending a copy of the original signed agreement? Otherwise why not re-affirm that they only need to send current terms and conditions like they do with pre 1985 agreements.

Sorry if the above is confusing. I will send copies of the letters if required if someone can tell how to do this. I have scanned them but can't see where I can add them as an attachment.

No, you're getting too confused with pre 1985. Basically, they need to send the agreement (signed by you both and containing or linking to the prescribed terms); a copy of the terms in place as at account inception and a copy of the most recent terms. That's it. Only then will they fulfil their s.78 request.

Make sense?

never-in-doubt

Rainbow_Liberty wrote: »

Hi Nid, that's me back are raring to go with your instructions - whatever they be.

Did you get the PM I sent to you with the 2nd Egg letter, don't suppose you've by chance had a chance to look over it have you please.

Still haven't heard anything back at all from the other 4 CCA requests sent 25th March, roughly how long do you think I should leave it before I send the reminder template.

I'm still totally confused by the situation though as they are not showing on my credit file, where really does this leave me, especially as I'd been paying the token payment of £1 a month. This doesn't even show on my credit file

Hiya

I've PM'd you - sorry been offline for a few days. Basically their letter is a standard reply, arguing that they are right. All you need to do is to send the final response letter as below.

Regards to the account missing from your credit files, its no problem cos they have served their time, i.e. you've probably had the default for 6+ years already (if they are not showing) - i'd not worry about it. Obviously if you need credit now is the time to apply in case anything bad does show up in the future.....

Debtors Final Response - CCA Received

carol01

never-in-doubt wrote: »

Hiya

You just wait now til they respond.....

hiya
ok will do thanks

Rainbow_Liberty

never-in-doubt wrote: »

Hiya

Obviously if you need credit now is the time to apply in case anything bad does show up in the future.....

Debtors Final Response - CCA Received

Lol well it would be if it wasn't for the biggie default that should fall off next June - lets hope it stays clear for the future. Im ontop of everything else at the moment, just about.

Just looked at the template ready to copy and paste into a letter for them, in it though it says about the agreement not being signed, the one they sent to me was signed though, don't suppose you still have the links to the imageshack images I sent to you. But you did tell me it was unenforceable, what arguement do I use for it now. Sorry


Thanks NID

swanfan02

never-in-doubt wrote: »

Hiya

edit last advice and send this to citi: Debtors Final Response - CCA Received :D

Hi NID, Threatagram from Collect Direct saying as they have had no contact from me they may send a personal rep to my address.:mad: Ignore or have you got a nice reply for them? Final response sent to Citi & signed for on 28th April.

mojoparrot

Hi NID
How are you busy as ever I see!:D

I have had a response from Halifax re the letter I sent after post:
http://forums.moneysavingexpert.com/showpost.php?p=31798575&postcount=1657
(hope you can pick up this link not good with tech stuff:o)
It was CCA query letter.

They say:
We have previously as requested under section 78 of the CCA 1974 a copy of the reconstituted version of the excecuted agreement comprising both the original and copy of the current terms, which complies with the requirements of the CCA 1974 and consumer credit regulations 1983.
We note your comment that the copy of the executed agreement we provided does not contain all the prescribed terms persuant to the CCA and the Consumer Credit agreement regulations 1983. It is clear from the copy provided that the prescribed terms are contained within the document. The banks agreements have always complied with the requirements of all relevant legislation and we are confiident in our ability to demonstrate this. As such your agreement is enforceable and you should continue to make payments when they become due.
Despite claiming to give the bank notice that the account is in dispute, you have given no valid reason to dispute the debt. Please note you client have no contractual or statutory right to withhold payment from the account. If you account should go into arrears we will ask you to rectify this default and we reserve the right to notify credit reference agencies accordingly.
By providing a copy of the agreement complying with the requirements of the regulations the agreement remains enforceable.
For the avoidance o f doubt the consumer credit act does not prohibit collection activity when an account is in dispute.
Although currently we are unable to locate the original application we do not see how this leads to an unfair relationship with the customer. Our process has always been that customers must sign an agreement in the prescribed form before we enter into an agreement with a customer.
As this letter forms rthe banks final esponse on the matter I have to advise you that if you remain unhappy you can refer your concerns to the FOS. Leaflet enclosed etc....
I hope that this clarifies our position on the matter...:eek:
yours etc..

Any advice where to go now?:o

Thank you :D
Mojo