Unenforceability & Template Letters III

zondervan_2

I would welcome your views on my 1997 Co op credit card agreement. The cca that I originally received back was just 2 sides of an application form:

http://i873.photobucket.com/albums/ab294/zondervan1/Co-op%20CCA/SCAN0043.jpg

http://i873.photobucket.com/albums/ab294/zondervan1/Co-op%20CCA/SCAN0044.jpg

I then made a SAR request and received back an additional 2 pages of illegible terms and conditions:

http://i873.photobucket.com/albums/ab294/zondervan1/Co-op%20CCA/SCAN0045.jpg

http://i873.photobucket.com/albums/ab294/zondervan1/Co-op%20CCA/SCAN0046.jpg

I subsequently received a further copy of my cca accompanied by 1 page of different terms & conditions (again illegible):

http://i873.photobucket.com/albums/ab294/zondervan1/Co-op%20CCA/SCAN0047.jpg

I have sent the 'illegible' and 'account in dispute' letters.

I beleve the agreement to be "unenforceable". However, I am a bit worried by some wording on the 2nd page of the application form which states "I have read the terms & conditions (in particular but without limitation Clause 9) and agree to be bound thereby". Although, the co-op have yet to supply me with any legible terms & conditions, could they not easily produce some and claim that these were the ones referred to on the applicationn form, thus making it enforceable?

As usual, the lender states that it does not accept the debt is unenforecable. Any thoughts Niddy?

never-in-doubt

DGJsaver wrote: »

I do mate , yes , what happens after 28 days ? just leave it longer ?

Yes mate - basically you've sent the final response, i.e. that's it! You're finished with them so from now you ignore em, after 28 days i'll then consider sending it again but this time in the silver post (is it called special delivery?).....

but you ignore it now - that's it as far as you're concerned.... :D:D

DGJsaver

cheers mucker.......havent heard a thing from bloan after the dispute letter we sent,since we last spoke , so keeping well away from them till we do .....appreciated , as always mate

never-in-doubt

zondervan wrote: »

I would welcome your views on my 1997 Co op credit card agreement. The cca that I originally received back was just 2 sides of an application form:

http://i873.photobucket.com/albums/ab294/zondervan1/Co-op%20CCA/SCAN0043.jpg

http://i873.photobucket.com/albums/ab294/zondervan1/Co-op%20CCA/SCAN0044.jpg

= unenforceable.

zondervan wrote: »

I then made a SAR request and received back an additional 2 pages of illegible terms and conditions:

http://i873.photobucket.com/albums/ab294/zondervan1/Co-op%20CCA/SCAN0045.jpg

http://i873.photobucket.com/albums/ab294/zondervan1/Co-op%20CCA/SCAN0046.jpg

= Unenforceable and not linked to the application form anyway!

zondervan wrote: »

I subsequently received a further copy of my cca accompanied by 1 page of different terms & conditions (again illegible):

http://i873.photobucket.com/albums/ab294/zondervan1/Co-op%20CCA/SCAN0047.jpg

Means nothing mate. This changes nothing!

Send this back to them now: Debtors Final Response - CCA Received

zondervan_2

Thanks Niddy for your quick reply.

I appreciate all of your help, and will now send off the final response letter to the co-op as you suggest, and see what happens (hopefully not very much).

10past6

never-in-doubt wrote: »

Mate the agreement is 100% unenforceable - I can vouch for that! :D

Good, then nothing to worry about then the onus is on THEM :eek: but that's always been the case :rotfl:

cejsmith

10past6 wrote: »

Try not to be intimidate with threats, if there going to apply for a CCJ, they'll do it regardless of what you say in return

At this stage, none, don't get into a paper exercise with them, if you've informed them in writing having taken advice, you believe the CCA to be unenforceable, you can do no more, the balls with them to make the next move, should they decide to bring a litigation case against you, depending on the grounds of the claim, depends how you respond, for now, there aware of the legislation re unenforceable agreements, should they decide to have a Judge rule on the agreement, so be it, sit tight until you hear from then again.

Sounds good lets see what they have to say!!!!

BigCraigJohn

never-in-doubt wrote: »

Mate don't send the reminder, if they took the £1 then give them another week or so, why rush them? It doesn't matter whether you get it today or next week, does it?

Send the harassment letter but do it separate - never bundle letters - you must send each letter recorded with proof of delivery; separately.... :p

Thanks for replying again, so what you are saying is ive got proof they received the request and they will be in the process of sending it?. Sorry to confuse things I just dont get why I shouldnt remind them, they did after all cash the cheque as soon as they recieved it.

never-in-doubt

BigCraigJohn wrote: »

Thanks for replying again, so what you are saying is ive got proof they received the request and they will be in the process of sending it?. Sorry to confuse things I just dont get why I shouldnt remind them, they did after all cash the cheque as soon as they recieved it.

Why remind them? Right now it is unenforceable, if you hassle them and they respond with one then it may become enforceable, see what i'm saying?

Why the rush? If you want to remind them then do it - I don't suggest you do though.

razer12121

never-in-doubt wrote: »

Yes mate - of course you do lol..... ;);)

can you not just tell i dont ever send letters? lol thanks NID i cannot wait to see what i get back to this