Unenforceability & Template Letters III

fto

Hi,
I should ad this is the responce after I sent the template letter 3.2.

fto wrote: »

Hi nid, just received this from the NW,could you give any advice hw to respond.


regarding your recent letter concerning the banks alleged breach of the CCA,I would advice you the following.
Any request made for the executed agreement under s78(1),states that the company must meet the statuary requirements by proving a "true copy" of the agreement relevant to the card product at the date the card agreement was made,plus a copy of the terms of the card product.These copies should be accompanied by the statement of financial information relating to the account.
When responding to requests under s78 we are compliant if we provide a true copy of the agreement in accordance with regulations 3(2) and 7 (1) (b) of the consumer credit (cancelation notices and copies of documentss) regulations 1983.This means that there is no obligation for us to provide a copy of the original agreement bearing signatures.Additionally,under regulation 3 (2) a "true copy" does not need to include a signature box or dates of signatures.
We have spplied a copy of the credit aggrement that you agreed to after which you then received your credit card.We have also supplied a copy of the original and current terms and conditions of that card product with the prescribed terms and a statement showing the outstanding balance.We have advised you who you ned to contact to discuss amounts due and owing,and future payments must be paid.We have therefore met our obligations under s78(1) to provide a copy of the executed agreement and again we are satisfied that was provided complied with the regulations expressly made for controlling what is a true copy.
I must therefore inform you that we see no reason to enter into futher correspondence with you about alleged cca breaches,if you are not satisfied with this responce,you may seek whatever legal redress you consider open to you.
We do no condider this account to be in dispute and your indebtedness on this account remains due and payable and we will continue to pursue for repayments as they fall due.Any non payment of the account will be recorded on your credit file as will default if non payment continues.
I suggest you take advise from your local citizens advice bureau or other similar organisation if you continue to doubt the veracity of what we have told you about our having complied with our obligations under s78(1)

Locke

Alright NID, you say on page one that one company is known to copy and paste signatures into agreements, are you allowed to say which company that is?

Btw I've got some letters drawn up and will be sending them off this week, time to take the plunge!:D

never-in-doubt

Locke wrote: »

Alright NID, you say on page one that one company is known to copy and paste signatures into agreements, are you allowed to say which company that is?

Btw I've got some letters drawn up and will be sending them off this week, time to take the plunge!:D

HBOS mate - no probs in naming and shaming, I have the agreement saved as proof! LOL

Here is the OP's post: #1458

Here is my (extremely funny) reply to them here: #1492

never-in-doubt

fto wrote: »

Hi,
I should ad this is the responce after I sent the template letter 3.2.

Hiya

Did they send a CCA? I cannot remember what they sent you originally? According to their reply they seem to suggest they sent a copy plus terms, but letter 3.2 is a template assuming they only sent terms?

Please clarify..... thanks

p.s. I never ignored you earlier but was rushing around and forgot to reply to you - sorry!

fto

never-in-doubt wrote: »

Hiya

Did they send a CCA? I cannot remember what they sent you originally? According to their reply they seem to suggest they sent a copy plus terms, but letter 3.2 is a template assuming they only sent terms?

Please clarify..... thanks

p.s. I never ignored you earlier but was rushing around and forgot to reply to you - sorry!

Thanks for the reply.They sent me a copy of the credit card application & a seperate t&c with no signature. Sorry this was in reply to template 3.1.thanks

never-in-doubt

fto wrote: »

Thanks for the reply.They sent me a copy of the credit card application & a seperate t&c with no signature. Sorry this was in reply to template 3.1.thanks

Hiya

Sorry - sadly enough I remember now! Honest!

Ok, time to kill it dead in the water now me thinks - go for this: Debtors Final Response - CCA Received

Bleddry

Evening NID - me again.
After several months and numerous requests, finally got a copy of CCA. However, it is a reduced photocopy and therefore illegible. Asked them to send a clearer enlarged copy + transactions, but the bank have advised me this is their final response on the matter and referred me to make my complaint to the Financial Ombudsman.
I will of course follow this through, but wondered if you had any advice/experience of this process?
Many thanks in advance -

never-in-doubt

Frequently Asked Questions

Due to lots of requests, there is now a FAQ section on the thread - found here: Frequently Asked Questions

However - I need help! The questions within it were my own, however I need the questions that you guys are unsure about - the content within the FAQ is not an exhaustive list but should go some way to help people understand the basic principles.

If you can think of other questions etc that i've missed or that you feel are relevant then please PM me whatever question you'd like answered and i'll update this thread continually - its a working progress post.

Ideally we want it to be a foolproof guide, so the more questions the better....

remember there is no such thing as a daft question!

Thanks for your help guys

never-in-doubt

Bleddry wrote: »

Evening NID - me again.

I will of course follow this through, but wondered if you had any advice/experience of this process?
Many thanks in advance -

can you post a copy for me to look at? If it is private please PM me the link and i'll take a look for you.... even photo it and then upload that or email it to me (if you need email addy PM me and i'll give it you)....

Locke

never-in-doubt wrote: »

HBOS mate - no probs in naming and shaming, I have the agreement saved as proof! LOL

Here is the OP's post: #1458

Here is my (extremely funny) reply to them here: #1492

:rotfl::rotfl::rotfl:

I'm going to be after a CCA from them when I get a new bank account opened so I'll have to keep an eye on them, I'll have to keep an eye out for any updates from Jo to see what they said in their reply.