Unenforceability & Template Letters III

jen_br

NID- Sent you email.. Lloyds are !!!!!!s... Said in one of their letters I shouldn't be listening to any "online advice provided by parties that do not have experience in dealing with section 78....." and i should be going to the CAB or read the Mcguffin case.

they said they included a signed statement which they didn't and they said that they are "endevouring to look for my original CCA however they wouldn't have opened an account with out it!"

but that they will not write to me any further and that the card is enforceable.

swanfan02

jen_br wrote: »

NID- Sent you email.. Lloyds are !!!!!!s... Said in one of their letters I shouldn't be listening to any "online advice provided by parties that do not have experience in dealing with section 78....." and i should be going to the CAB or read the Mcguffin case.

they said they included a signed statement which they didn't and they said that they are "endevouring to look for my original CCA however they wouldn't have opened an account with out it!"

but that they will not write to me any further and that the card is enforceable.

Hi Jen, Lloyds sent me the same letter but it is actually good news because its a final response & i would think Niddy will advise to send a final reponse back but wait for him to confirm this . Hope this helped. PS it is unenforceable.:D

jen_br

Yeah they are nmrods.... they are using terms like "you must pay" "its enforceable" etc etc but you want me to pay something that has just been printed off your inkjet printer? and im to TRUST you that you have the CCA??

Do you TRUST me that the check is in the mail? LOL

never-in-doubt

jen_br wrote: »

NID- Sent you email.. Lloyds are !!!!!!s... Said in one of their letters I shouldn't be listening to any "online advice provided by parties that do not have experience in dealing with section 78....." and i should be going to the CAB or read the Mcguffin case.

they said they included a signed statement which they didn't and they said that they are "endevouring to look for my original CCA however they wouldn't have opened an account with out it!"

but that they will not write to me any further and that the card is enforceable.

LOL, I think they will find out soon enough that I have ample knowledge in s.78.... idiots, the McGuffick case means nothing other than they can report the account conduct to the CRA's - it is them that does not have a bloody clue :mad::mad:

LOL @ their quote "they wouldn't have opened an account without a CCA"... kinda like me being covered in blood, and have a knife - without a body, what is the crime exactly?

They need the cca before they can take any action the dipsh!ts :rotfl::rotfl:

Send the final response letter - then ignore them.

jen_br

I thought you would like the reference to the "online advice" i guess they have received that many of your letters they googled it and found out where it came from

I will print and send off the final response but one line in it im wondering about:

"providing only a copy of the current terms and conditions, not the original ones"

now technically they DID give me a copy of the original ones... well they printed off something that COULD be the original ones... but its not signed etc. so should i delete that line?

never-in-doubt

jen_br wrote: »

I thought you would like the reference to the "online advice" i guess they have received that many of your letters they googled it and found out where it came from

I will print and send off the final response but one line in it im wondering about:

"providing only a copy of the current terms and conditions, not the original ones"

now technically they DID give me a copy of the original ones... well they printed off something that COULD be the original ones... but its not signed etc. so should i delete that line?

Just send the template as it is - you need to send the following: Debtors Final Response - CCA Received.

mojoparrot

Hi NID
Hope you are good :j

I have received a response from M&S post no http://forums.moneysavingexpert.com/showpost.php?p=31798575&postcount=1657

I sent the recommended letter and this is their response:

I confirm receipt of your request for information under the CCA 1974 section 77/78. The requested document was posted to you on 8/4/10.
Our agreement is compliant with the the CCA 1974.

The agreement is a single document in more than one piece. However, even if this were not so, section 61(1)(b) of teh CCA 1974 requires that the signed document embody all the terms of the agreement, other than implied terms.

Section 198(4) of the act provides that a document embodies terms if they are set out in that document or are in another document referred to in it. Either way, the agreement you signed conformed to the requirements of the act.

M & S money beleive that your agreement is a legally enforceable document and as such refute your allegations. As the requested documents have been provided, our normal collections action will continue.

Due to the nature of your enquiry M & S money would recommend that you seek immediate independant legal advice regarding the validity of your complaint.

If you are not happy with the way the complaint has been handled or disatisfied with the outcome you may refer to FOS within 6 months of this letter (leaflet enclosed).

What is my next move?:eek::eek:

Thanks:o
Mojo:D

never-in-doubt

mojoparrot wrote: »

Hi NID
Hope you are good :j

I have received a response from M&S post no http://forums.moneysavingexpert.com/showpost.php?p=31798575&postcount=1657

I sent the recommended letter and this is their response::D

Hiya

send the final response - Debtors Final Response - CCA Received

mojoparrot

never-in-doubt wrote: »

Hiya

send the final response - Debtors Final Response - CCA Received

Ok will do
thanks!!:T

Mojo:D

DebtFreeOneDay_3

Hi NID, hope you're well

Had my final response from lloyds. won't type it as I am sure you will have seen them before, just mention a few points;
#They say I have used the card and paid it back over the years so this shows enforceability
#I do not need an original copy of cca (only had a recon got the card around 1997)
#Even in circumstances where an agreement may be unenforceable(they say here that mine definitely is enforceable) repayments have to be kept up to stop a debt collection agency contacting me

A bit stumped with all that really appreciate your time on this.
Thank you NID:)