Unenforceability & Template Letters III

never-in-doubt

chinawhite wrote: »

Hi


Sorry cant figure out how to link but post number 2334 and 2361 on the last thread (no. 2) - How do you link ???:p

#2334 & #2361

But to answer you, same goes as my last reply on this thread, and the old one (2361)

I quote:

Hiya

In 1994 the late payment charge was nearer £30 - so going on the terms I read, this is a cut/paste job but still it is irrelevant as the document is unenforceable so send the letter, as directed here: #2334

To conform to s.78 they should send the agreement and terms at the time you took the facility PLUS the most recent relevant terms. I suspect they have merged some of the terms together to give the impression it complies, however the terms are not the issue - the lack of signature on the same page as the prescribed terms is what makes this unenforceable.

make sense?

So, in post 2334 I advised you to send CCA Query - nothing has changed cos they still have not sent the original (or a copy of it) have they? Therefore, as we now have newer letters - you should send the Final Response one.

never-in-doubt

DGJsaver wrote: »

Yeah , start of March bud...it was just some sort of generic sod off letter to DCA`s a disputed account might get passed to , wethere in house or not...you said you would do one......just to get them off peoples back who have had a non enforceable CCA returned...i have already sent the final respose letter to bcard.....it was just for when/if they get their dogs out anyway...

Do I need to do one mate or does the final response cover it? Sorry if i'm being thick lol - you're not making sense to me (bear in mind Niddy is extremely hung over today).... :rotfl::rotfl:

DGJsaver

never-in-doubt wrote: »

Do I need to do one mate or does the final response cover it? Sorry if i'm being thick lol - you're not making sense to me (bear in mind Niddy is extremely hung over today).... :rotfl::rotfl:

Nah , i dont think so mate , i have spent a bit of time going over some that you have already shared , and with a bit of tweaking at the time (if it comes at all) i reckon i could knock up one that would do the job specific to our personal situation

Dont wanna put even more work on top of yer shoulders

never-in-doubt

DGJsaver wrote: »

Nah , i dont think so mate , i have spent a bit of time going over some that you have already shared , and with a bit of tweaking at the time (if it comes at all) i reckon i could knock up one that would do the job specific to our personal situation

Dont wanna put even more work on top of yer shoulders

Cheers mate - i'm happy to do one if you're saying it needs one.... just tell me what should be in it, i.e. what kind of letter and what would it be used for? Are you saying that if there is a clear unenforceable account, i.e. lets say no signature or apr, then there should be a letter to send telling them so? Or have I missed the point?

Tell me what you want and i'll do it, obviously if something is needed i'll add it mate... but can never have a letter for every scenario (thus you see me make them for people as and when)... but if you think i'm missing one, just say what it is and i'll knock it up - usually its a case of mixing and adapting existing letters anyway so not difficult, just have to make sure that they are legible and correct, i.e. don't quote s.78 with a loan debt etc etc....:D

DGJsaver

never-in-doubt wrote: »

Are you saying that if there is a clear unenforceable account, i.e. lets say no signature or apr, then there should be a letter to send telling them so?

Exactley that mate......but as i say , people should maybe make more effort and do it themselves using the info you already provided etc

It was just a thought in relation to a letter from DCA 1 lets say, about a Bcard debt that you KNOW is unenforcable , just summat that would let them know they aint welcome and to refer to the original OC

?

never-in-doubt

DGJsaver wrote: »

Exactley that mate......but as i say , people should maybe make more effort and do it themselves using the info you already provided etc

It was just a thought in relation to a letter from DCA 1 lets say, about a Bcard debt that you KNOW is unenforcable , just summat that would let them know they aint welcome and to refer to the original OC

?

Thought that's what you meant - see here: http://forums.moneysavingexpert.com/showpost.html?p=30356019&postcount=10

CCA Query mate - clearly tells them:

never-in-doubt wrote: »

In addition should you continue to pursue me for this debt you will be in breach of OFT guidelines. These guidelines (issued July 2003 & updated December 2006) relate to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states;

2.6 Examples of unfair practices are as follows:
h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I require you to produce a compliant copy of the credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt. If you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to the relevant governing authorities.

Since the agreement is unenforceable, it would be in everyone’s interest to consider the matter closed. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages.

The way I do templates is so that each one can cover a variety of scenarios, in this case you'd send the CCA Query to the DCA regardless if the OC was chasing you..... the facts remain the same, they must send a compliant copy or go swivel lol

DGJsaver

never-in-doubt wrote: »

Thought that's what you meant - see here: http://forums.moneysavingexpert.com/showpost.html?p=30356019&postcount=10

CCA Query mate - clearly tells them:



The way I do templates is so that each one can cover a variety of scenarios, in this case you'd send the CCA Query to the DCA regardless if the OC was chasing you..... the facts remain the same, they must send a compliant copy or go swivel lol

I understand that mate ,What i mean , in a badly explained way , is what to respond with if the OCs in house DCA or similar comes calling months down the line , even if the OC still hasnt supplied the properly executed agreement.

On the CCA query , although we have already sent it during the process in the first place , we could send it again with a few alterations , such as "we have requested on ##/##/#### the CCA only to be supplied with a copy of the T&C`S..., say 6 months down the line if Scotcall or similar start hassling us...? with a line in it referring them back to the OC ?

never-in-doubt

DGJsaver wrote: »

I understand that mate ,What i mean , in a badly explained way , is what to respond with if the OCs in house DCA or similar comes calling months down the line , even if the OC still hasnt supplied the properly executed agreement.

On the CCA query , although we have already sent it during the process in the first place , we could send it again with a few alterations , such as "we have requested on ##/##/#### the CCA only to be supplied with a copy of the T&C`S..., say 6 months down the line if Scotcall or similar start hassling us...? with a line in it referring them back to the OC ?

Ok mate I see you! You send back the final response letter..... lol, sorry - I know what you mean but as I say, specifics like that would be best done by the poster - to be honest i'd just send them the Query or final response - yea, it has a bit of info in it but so what? Let them read it so they know the law.,.

Ive found that a simple letter saying do this or do that, falls on deaf ears therefore the more formal template, even though it may have extra data not relevant, is still better to send as it tells them the law and where you stand.

If they choose to ignore that part and play silly beggars, good for them! They will lose in court :p The main body of the letter will always remain the same - stop hassling me or provide the agreement, simples.

See what i'm trying to say...?

DGJsaver

spot on mucker , i get you , glad i could spit it out eventually !!!

Tixy

Hi Niddy

I might be being blind but I think that you used to have a template to respond to a DCA if they say the debtor needs to request the CCA from the OC? Basically saying 'tough, you the DCA have to provide it'? Is that right? I can't see it in your opening pages (anymore).

If you have one can you point a link to it in the direction of here - http://forums.moneysavingexpert.com/showthread.html?p=30716341&posted=1#post30716341

Cheers