Unenforceability & Template Letters III

BigCraigJohn

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.

Oh damn something just clicked, ive noticed that in my original letter I asked for it under s78(doh), got the template off another site and you had to choose 1 of the 3 and for some reason I thought a credit card was a running agreement. Will this affect anything or is the fact ive asked for it mean they still have to comply with my original request?(despite my coming across as a muppet)



edit: upon further reading it appears s78 is for credit cards anyway but i'd appreciate an expert reassurance on this if possible

never-in-doubt

BeenieCat wrote: »

Soooo what about after 6/7/8 years? Same applies?

I'm not filled with confidence about my Littlewoods account now having seen the above enforceable :mad:

No - 6 years = statute barred!

never-in-doubt

maz1964 wrote: »

hiya Niddy

well got a reply from Apex Credit Management who have returned my 1.00 postal order for my CCA request

and state "they are not the data holding branch and therefore not obliged to supply the data you have requested, this information should be requested from our clients.

Please contact our client directly for a copy of your credit agreement - our clients address is Barclays Partner Finance up in glasgow"

also the letter gives an account number .

Now - im looking at my paperwork incase any info came from Barclays when i did a Sars request last year

however,
1. do I request again to Barclays Partner Finance the CCA now with a another postal order made payable to them?

2. So what is Apex now just a chasing up type of company? Do I send them a letter as they sent it recorded delivery so they know ive had it - advising them why bother me when they dont hold the correct data and to never contact me again or is it wise just to ignore them and deal directly now with barclays partner finance?

Cheers for your guidance have fun maz:)

As per your original request - write back and tell them to deal with and it quote this, which was within the CCA Request you sent:

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

:D:D

never-in-doubt

BigCraigJohn wrote: »

Oh damn something just clicked, ive noticed that in my original letter I asked for it under s78(doh), got the template off another site and you had to choose 1 of the 3 and for some reason I thought a credit card was a running agreement. Will this affect anything or is the fact ive asked for it mean they still have to comply with my original request?(despite my coming across as a muppet)

edit: upon further reading it appears s78 is for credit cards anyway but i'd appreciate an expert reassurance on this if possible

Ok, s.78 is relating to running accounts (credit cards) but so what if it wasn't? You can write in asking for it under s.77-s.79 if you want - as you've already sent the request why are you now worried?

LOL - calm down! :D:D

For the benefit of others - little mistakes do not matter - if you do something wrong so what! Look at some of the replies from lenders, talk about pot, kettle, black? LOL - do not worry about mistakes - ok? :D

maz1964

10past6 wrote: »

Hi Maz

If you are paying Apex, reply to them quoting:

Section 175 of the CCA 1974:

175 Duty of persons deemed to be agents

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith

Hiya 10past6 - thanks for your speedy reply, I am Not paying Apex or anyone since i requested my cca ages ago and thus see what if anything i ever did get from anyone re cca - they having been sending letters chasing me for the money but honestly been ignoring them upto now, so hence i started with the cca to them first. Did sent NID cca letter thus see also below please.

********************

never-in-doubt wrote: »

As per your original request - write back and tell them to deal with and it quote this, which was within the CCA Request you sent:

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

:D:D

Hiya Niddy thanks also for your speedy reply, i did send your CCA letter on page one on this thread thus the above is in that letter but looks like they dont want to deal with me as i did add the info re no house visitors LMBO

Back to being serious - please see my reply above to 10past6 so

1. Im happy to send the postal order back with another letter just quoting the above to Apex and tell them to deal with my request and not give me the runaround and explaining to them why are they chasing me if they have no real interest other than to send out mis information to me. Can i threaten to report them to anyone by the way? I will follow that up if i can.

2. I am still searching for any paperwork of the cca ever sent to me, so will come back if i find it and then i can scan it and thus no need to send out any letters but i will if you deem necessary

Cheers all for now maz have a fun day
.

never-in-doubt

maz1964 wrote: »

Hiya 10past6 - thanks for your speedy reply, I am Not paying Apex they having been sending letters chasing me for the money but honestly been ignoring them upto now, so hence i started with the cca to them first.

Thats the right thing to do - just carry on as you are doing.... ;)

Thanks for covering last night 10past6 - next time answer all the questions matey lol

never-in-doubt

maz1964 wrote: »

1. Im happy to send the postal order back with another letter just quoting the above to Apex and tell them to deal with my request and not give me the runaround and explaining to them why are they chasing me if they have no real interest other than to send out mis information to me. Can i threaten to report them to anyone by the way? I will follow that up if i can.

Yes, all you should do is send a simple letter stating that they are obliged to deal with your request, or send it to the OC. Therefore, please find attached my original request, the original payment and bear in mind the 12+2 days is still counting. As you're now clearly in breach of my s.78 request, this account is unenforceable and will remain so until such time you comply.

Further failings and passing the buck will not be tolerated.

That should about do it....

maz1964 wrote: »

2. I am still searching for any paperwork of the cca ever sent to me, so will come back if i find it and then i can scan it and thus no need to send out any letters but i will if you deem necessary

See what they have - a lot could have been lost with the assignment so best to do a CCA request and stick to your guns - I see what you're saying but lets see what they respond with.

The reason i'm telling you to go back to the DCA is 1. To teach them the law and 2. To save you messing around changing the PO. :p

Make better sense? :p

BigCraigJohn

Haha yeah thats probably where I read it in the first place, I mean something must of made me choose the number 78 rather than the others or id never of sent it. Im stressed and just had this feeling i'd asked for a loan agreement or something and dont really want the hassle of doing it again and as we know oversights in relation to credit cards generally ends up you owing them loads of money

Will flush my head of all random info and read this thread all the way through.:D

never-in-doubt wrote: »

Ok, s.78 is relating to running accounts (credit cards) but so what if it wasn't? You can write in asking for it under s.77-s.79 if you want - as you've already sent the request why are you now worried?

LOL - calm down! :D:D

For the benefit of others - little mistakes do not matter - if you do something wrong so what! Look at some of the replies from lenders, talk about pot, kettle, black? LOL - do not worry about mistakes - ok? :D

never-in-doubt

BigCraigJohn wrote: »

Haha yeah thats probably where I read it in the first place, I mean something must of made me choose the number 78 rather than the others or id never of sent it. Im stressed and just had this feeling i'd asked for a loan agreement or something and dont really want the hassle of doing it again and as we know oversights in relation to credit cards generally ends up you owing them loads of money

Will flush my head of all random info and read this thread all the way through.:D

Hiya

Don't worry mate - as I say, some of the replies from lenders is enough to make you cringe so a simple typo doesn't matter, honest! Put it this way, the moment you ask for a CCA Request and send £1 they know what it is you want. If you asked for s.77 or whatever and it was not relevant they would KNOW this and supply the CCA in line with s.78, which would be the obvious route.... some lenders may make you feel daft and mention your mistake - but worry not cos they make more mistakes with each letter they send back..... read the last few pages to see my replies to a couple of lenders that have tried to 'act clever' and fell flat on their arsey!

You're safe, you have us on your side - the banks do not. :D

Just leave things as they are mate - calm down and await their replies then post back and update us, then we'll sort out your responses.

p.s. sorry about my original post - I did rant a little but removed the "rant" bit - however you kept it in your quote lol..... sorry about that!

Cheers :beer::beer::beer:

never-in-doubt

InDeepDebt wrote: »

A few things. First, the terms and conditions have typed on the back T & C 1992. My Barclaycards were taken out well before this time.

When were yours taken out? Keep that copy they sent you handy - may come in use later on ;)

InDeepDebt wrote: »

Second thing is page two of the letter where they basically say that they have fulfilled their obligations. In my view they haven't. I'm assuming that I go to the CCA follow up letter now. Just checked and it looks like it's the CCA Dispute - Terms & Conditions Supplied letter.

No - they are sending the agreement - in their letter it states it will be sent separately so wait! Wait for as long as necessary, the agreement is currently unenforceable and remains so until they send it.

Do not send the above letter matey