Unenforceability & Template Letters III

arkm12

hi, did put a post on here somewhere this morning not sure where lol so i will ask again, i sent a cca request to marlin (was virgin credit card ) recieved a reply on the 12 feb saying they have to ask arrow global ltd ( who now own the debt) for the cca. I also recieved a letter back from cabot who own my other card originaly morgan stanley and they have requested the cca from the original lenders but have stopped taking any payments from me until they hear from them how long do i give them before sending next letters thankyou

wibbl

never-in-doubt wrote: »

Have you been defaulted though? If not then you know this will happen? Are you sure about this? If it is your only account then think long and hard - if your credit is already shot, then stop paying.

Thnx a lot NID your a rock star! Yes I understand, and the last time I applied for credit I was turned down anyway so f**k em

BigCraigJohn

Hi again never-in-doubt.

Just wondered what you thought about this, not sure whether it comes under remade agreement or terms and conditions.
I had at first thought it was a remade agreement but after reading what youve said above about the Barclaycard i'm not so sure. Got the letter printed to go as a remade one.

Ive removed my name and address from the top of page 1 but otherwise its as recieved.

Something I notice is they repeated themself on 5e and 7d, sign of a cut and paste or just poorly written.?

InDeepDebt

I have a query about one of the enforceability letters, namely the CCA Dispute - Terms & Conditions Supplied.

In one part of the letter it has:

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

To me this reads that the creditor can send a copy with the signature omitted.

Then, a bit further it states:

In either case, please confirm that you have, in your possession, a credit agreement that is in all ways fully compliant with the Consumer Credit Act 1974, as amended, and the subsequent regulations made there under. For the avoidance of doubt, if you are in possession of such a document, but are unable to supply me with a true copy of it, please outline your reasons why you are unable to supply it to me in your reply. Furthermore, I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

Am I just being a bit thick here? Obviously these letters work but I am slightly confused.

Cheers

Jim

never-in-doubt

InDeepDebt wrote: »

I have a query about one of the enforceability letters, namely the CCA Dispute - Terms & Conditions Supplied.

Jim

Yep - I state it all the time mate - a recon can omit a signature but to take any formal action in court AN ORIGINAL must be provided. So my same argument goes like this - why send a recon when you can simply photocopy the original?

In your question, you're asking why am I telling them they can omit it but then later go on to ask if they even hold an original, right? The answer, because if they do not have an original and they say they do then they'll get done and could lose their licence - as I say, its not to catch them out as such but more to show them you know the law.

Recon = reconstituted. :D

How dare you question me

:rotfl::rotfl::rotfl::rotfl:

never-in-doubt

arkm12 wrote: »

hi, did put a post on here somewhere this morning not sure where lol so i will ask again, i sent a cca request to marlin (was virgin credit card ) recieved a reply on the 12 feb saying they have to ask arrow global ltd ( who now own the debt) for the cca. I also recieved a letter back from cabot who own my other card originaly morgan stanley and they have requested the cca from the original lenders but have stopped taking any payments from me until they hear from them how long do i give them before sending next letters thankyou

Just wait until about 2 weeks have passed then send the second letter (CCA Reminder).... then give it a month then send the CCA Dispute

never-in-doubt

BigCraigJohn wrote: »

Hi again never-in-doubt.

Just wondered what you thought about this, not sure whether it comes under remade agreement or terms and conditions.
I had at first thought it was a remade agreement but after reading what youve said above about the Barclaycard i'm not so sure. Got the letter printed to go as a remade one.

Ive removed my name and address from the top of page 1 but otherwise its as recieved.

Something I notice is they repeated themself on 5e and 7d, sign of a cut and paste or just poorly written.?

Sorry mate - haven't checked these as really busy but can you confirm the main thing before I do - what page is the signature on and the prescribed terms? If there is not a signature then pointless checking anyway = unenforceable!

underworld

Hi Nid,

Finally MBNA have sent my CCA and after looking at your enforceabilty checker (very good BTW) it looks legit to me.

The prescribed terms seems to be there and the app form and agreement are linked, my sig is on the agreement but theirs isn't, there just seems to be what appears to be a stamped date and sig on the app form in the additional cardholders section. That's the only bit that's puzzling me, should there be a proper signature from them on the agreement?

I've uploaded it if you could take a quick look when you have a minute, I know you are very busy.

http://s879.photobucket.com/albums/ab357/underworld_44/MBNA/

Many thanks.

BigCraigJohn

never-in-doubt wrote: »

Sorry mate - haven't checked these as really busy but can you confirm the main thing before I do - what page is the signature on and the prescribed terms? If there is not a signature then pointless checking anyway = unenforceable!

No signature or even box to stick it in, just a cancelation box.
Prescribed terms - Page 2 (s4) although I dont know if these are just general t&c not personal to my account

jadex

never-in-doubt wrote: »

Hiya

All the above is bollox.

Ok, few things to note:

1. Logo is current
2. These are Ts & Cs - not a CCA
3. This is current terms - not terms from the time you applied - the giveaway is the £12 charges - back then it was £35!
4. No signature on the same page as the "alleged prescribed terms"

It is 100% unenforceable, you should send this back to them: 3.2 - CCA Query - Terms & Conditions Supplied

Sorry for the delay, i'd not forgotten you but just busy and a lot to read through :eek: :eek:

Thanks a lot! :beer:
And you know what? You've just answered my questions without me even asking them. :rotfl:
I have received EXACTLY the same letters (to the word) from B'card.
Saves me for scanning them.
The first one and the second are dated 3rd March but somehow I received the first one last Saturday (6th) but the second only yesterday (11th).
Thanks for your help. :T

On top of that the first letter from Mercers landed on my doormat (dated 5th - received on 10th).
Should I reply to it?