Unenforceability & Template Letters III

mojoparrot

Hi Me again NID!:o
My mum has received a response from Citicards I wondered if you would have a look but they have sent many pages!!:eek:
The covering letter states that the copies include:

1. A copy of the original terms and conditions of your agreement, including original interest rates applicable at the time of application.
This copy of the agreement does not incude the signasture box, signature or date of signature as in accordance with regulation 3(2)(b)(ii) of consumer credit (cancellation notices and copies of documents) regulations 1983; we are not required to provide them.

This is 8 typed pages of an agreement with no signature, it looks like its just been pulled off the computer. At the start my mums name and address have been typed in.

2. Your current terms and conditions. Please note your original agreement is 0400 01 01 2002 Associates GLD & DIA, your current or final agreement is 0060 Citi Cards 01 11 2009. Any dates at the top of the agreements relate to the date that the terms within the agreement were varied from, and may therefore be an earlier date than the date on which the account was opened.

Again this is a printed off copy with 14 pages. My mums name and address have again been typed into the document. Again no dates, signatures etc.

Would you like to take a look baring in mind that it will block up your inbox as I'd have to scan and send one at a time!!:eek::eek:

What is your advice?:o

Thankyou kindly sir:D
Mojo

swanfan02

mojoparrot wrote: »

Hi Me again NID!:o
My mum has received a response from Citicards I wondered if you would have a look but they have sent many pages!!:eek:
The covering letter states that the copies include:

1. A copy of the original terms and conditions of your agreement, including original interest rates applicable at the time of application.
This copy of the agreement does not incude the signasture box, signature or date of signature as in accordance with regulation 3(2)(b)(ii) of consumer credit (cancellation notices and copies of documents) regulations 1983; we are not required to provide them.

This is 8 typed pages of an agreement with no signature, it looks like its just been pulled off the computer. At the start my mums name and address have been typed in.

2. Your current terms and conditions. Please note your original agreement is 0400 01 01 2002 Associates GLD & DIA, your current or final agreement is 0060 Citi Cards 01 11 2009. Any dates at the top of the agreements relate to the date that the terms within the agreement were varied from, and may therefore be an earlier date than the date on which the account was opened.

Again this is a printed off copy with 14 pages. My mums name and address have again been typed into the document. Again no dates, signatures etc.

Would you like to take a look baring in mind that it will block up your inbox as I'd have to scan and send one at a time!!:eek::eek:

What is your advice?:o

Thankyou kindly sir:D
Mojo

Hi Mojo, Citicard sent me the exact load of rubbish they have sent you're mum. Same number of pages & same dates etc. I think i sent back "Copy Document" but wait to see what Niddy says.:D

elsie52

Hi Niddy,

Just back from a week away, thought we would have had loads of mail, but just the one reply. It is from Marbles which I have spoken to you about on posts #2140 and #2152.

Letter says

Further to our letter dated 21 April 2010 I now enclose a copy of the original signed application form as requested.

By providing you with the documents attached to this letter and our previous letter, we have satisfied our obligation to provide a copy of the executed agreement under Section 78 and Section 60/61. As such, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the requirements relating to the provision of copy agreement.


Could you please have a look at the copy agreement for us, and we await further advice

http://img39.imageshack.us/content_round.php?page=done&l=img39/1494/img004ue.jpg&via=mupload



Our other five creditors have not replied and the 14 days has now elapsed, so do we wait a while longer before sending 2nd letters?

Thanks for your time niddy, its appreciated.

Flower567

Hello Guys

Just wanted to post to have a little rant about MBNA! They are really getting to me know – am trying to stay strong and ignore them but getting constant phone calls and voice messages left. The last message I got was at 9pm last night stating that they will be taking me to Court within 7 days unless I pay in full.

The balance owed on the card now exceeds my credit limit as they are still adding interest and late payment charges each month. I have had 5 letters from them in the post today, stating that I am required to pay and due to recent case law they can still take me to Court! I have sent the harassment letter regarding the calls and received a five page letter back from them on Sat – stating that they have not breach the Banking Codes and that they will endeavour to communicate in writing however, should I not respond then they will contact me by phone and then asking me to complete an attached income and expenditure form to make a payment arrangement! However, they called me yesterday and as I type my phone is going again with a private number, so presuming it is them! I did accidently answer my phone to them on either Wednesday/Thursday and the chap was so rude and horrible – His exact words were "it is part of society that people pay their bills - do you not pay your bills?" – whatever that was meant to mean – I just said I was waiting for the CCA and that the call was been recorded upon which he hung up! They ring on both my house phone and mobile – is it possible to actually record the calls as I don’t know how to do this????

I know I just need to keep my head down and wait for the CCA and that these are tactics to make me pay but I can't deny that the stress of it is getting to me know! I am worried sick they will pursue and take me to Court!

NID – I am still trying to get hold of a scanner to get the letter scanned in which they state because my card was used in December it is unenforceable!

never-in-doubt

elsie52 wrote: »

Hi Niddy,

Just back from a week away, thought we would have had loads of mail, but just the one reply. It is from Marbles which I have spoken to you about on posts #2140 and #2152.

Could you please have a look at the copy agreement for us, and we await further advice

Hiya

This is unenforceable - send this: CCA Query - Copy Document Supplied

elsie52 wrote: »

Our other five creditors have not replied and the 14 days has now elapsed, so do we wait a while longer before sending 2nd letters?

Thanks for your time niddy, its appreciated.

Just give them a month, I replies on Anne's thread regards to this...... wait until they are 4 weeks old then send this: CCA Reminder

never-in-doubt

Rainbow_Liberty wrote: »

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

Hiya

Don't worry about it not being signed..... if anything send the following letter and see what they reply with! Debtors Final Response - CCA Received

never-in-doubt

swanfan02 wrote: »

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.

Send this recorded - ASAP! 13.3 - Threat of Doorstep-Visit

never-in-doubt

mojoparrot wrote: »

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

Any advice where to go now?:o

Thank you :D
Mojo

Send this: Debtors Final Response - CCA Received

never-in-doubt

mojoparrot wrote: »

Hi Me again NID!:o
My mum has received a response from Citicards I wondered if you would have a look but they have sent many pages!!:eek:
What is your advice?:o

Thankyou kindly sir:D
Mojo

Hiya

save your time, they send the same junk to everyone, just reply with this letter right now and see what they come back with - ideally you want their final response.: CCA Query - Copy Document Supplied

never-in-doubt

swanfan02 wrote: »

Hi Mojo, Citicard sent me the exact load of rubbish they have sent you're mum. Same number of pages & same dates etc. I think i sent back "Copy Document" but wait to see what Niddy says.:D

Spot on matey - see above! (CCA Query - Copy Document Supplied) :T