Unenforceability & Template Letters III

never-in-doubt

underworld wrote: »

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.

Morning - sorry mate, looks fine to me

never-in-doubt

BigCraigJohn wrote: »

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

Morning - there is no CCA, there is no signature on the same page as the prescribed terms - this is unenforceable.

Respond with this right now: 3.2 - CCA Query - Terms & Conditions Supplied

never-in-doubt

jadex wrote: »

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?

Hiya - thanks for PM, will amend the typo you pointed out... :T

I like the fact you've figured i'm also psychic :rotfl: :rotfl: But seriously, this is not unusual - i've seen identical letters (almost word for word) from several lenders. For instance, you're now the third person that has commented on "Barclays Letters" - which I already know are stock value (i.e. copy paste address and send as is!)....

Regards to the Mercers letter, send it back to Barclays with the template you should also use (3.2 - CCA Query - Terms & Conditions Supplied) advising Barclays that you'll hold them responsible and may consider legal action, if they do not call them off. The account is unenforceable and as such the DCA have no powers to enforce any alleged debt.

underworld

never-in-doubt wrote: »

Morning - sorry mate, looks fine to me

Damn and blast them

Thanks for taking the time to look, at least now I know for sure.

Can I just ask what would be their next move if I let them default me seeing as there will be other defaults on my file shortly due to unenforceable agreements with other lenders?

Would it be court or would they sell the debt to a DCA?

scarednshakin

Hi Niddy

Got reply from BOS regarding my post 2491 n your reply 2499 & 2500.

They never even mentioned the fact the address they had on the T&C was one we did not move to until nearly 5 years after the card was taken out :mad:

The letter says

'Thank you for your letter concerning the above credit card agreement, which is goverend by both English Law and the Laws of Scotalnd and regulated by the Consumer Credit Act 1974.

You have requested the below documentation to demonstrate a fully executed agreement under section 78 of the Consumer Credit act 1974. This constitutes:

statements complying with section 78 of the CCA 1974 which were issued to you on a montlhly basis until your account was passed to Blair, Oliver & Scott for recovery

a copy of the credit card agreement, which complies with the requirements of the CCA 1974 ("The Act") and the relevant regulations made pursuant to that Act, in particular the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)

a copy of the terms and conditions (both current and historic)

The executed credit agreement fulfills your request for a copy of the contract binding both parties.

Section 78 stipulates that a "true" copy of the agreement must be provided to satisfy the request. It is accepted as a matter of good law that a "copy" for the purposes of Section 78 need not be an exact copy or photocopy as long as the true copy provided contains every material provision of the agreement signed. Non statutory information included for the creditor's own benefit and signature boxes need not be included in the true copy. A signed credit agreement is only required when we seek to legally enforce the debt or take legal action against you.

I can confirm that the above documents were sent to you on the 23 February 2010, therefore we have complied with the CCA 1974.

As you are aware, this account was opened in April 1997 on your application, a copy of which we have provided to you. You are the main card holder and responsible for the account.

Turning to your allegations of harassement, it is the bank's obligation as a responsible lender to advise customers as soon as reasonable that they are in arrears. The bank will give no undertaking not to contact you to ask for payment, particularly as your alleged "dispute" is unfounded. You have asked that all communication is in writing posted by special or recorded delivery and that we do not contct you by telephone. We are happy to write to you by standard postal services, but we reserve the right, if need be, to contact you by telephone for our legitamat purposes.

For the avoidance of doubt, the CCA 1974 does not prohibit collection activity when an account is in dispute.'

Sorry for the really long post, but scanner not working :mad: sorry as well for any typos.

What do I send back to them now? Like I said no mention of wrong address on the old T&C. Also got a letter from Moorcroft today telling us to phone to arrange payment - oh happy days

never-in-doubt

underworld wrote: »

Damn and blast them

Thanks for taking the time to look, at least now I know for sure.

Can I just ask what would be their next move if I let them default me seeing as there will be other defaults on my file shortly due to unenforceable agreements with other lenders?

Would it be court or would they sell the debt to a DCA?

Usually they sell it to a DCA, then they will default you or whatever - but once it goes to the DCA you can haggle for lower settlement. Or you can just ignore them - being you'll have other cards due to get defaulted.... if they then try and ccj you or whatever, agree to some repayment plan.

scarednshakin

Sorry Niddy, me again

Just opened another letter and got a response about our other BOS account. Remeber the question a while ago that was raised about the Preference Account and as to what type of account it is? Can't find the post about it.

The letter we got back from them is that they are looking at the complaint, but the interesting bit is it states 'Thank you for contacting us regarding your credit card account'

So they are stating that it is a Credit Card?!?!?!

never-in-doubt

scarednshakin wrote: »

Hi Niddy

Got reply from BOS regarding my post 2491 n your reply 2499 & 2500.

If you quote links, go to the actual post and at the top of the selected post you'll see the quick link - looks like this: #2491

It makes life easier instead of asking me to search through pages abnd pages just to keep up to date! Thanks!

scarednshakin wrote: »

They never even mentioned the fact the address they had on the T&C was one we did not move to until nearly 5 years after the card was taken out :mad:

Not surprising really.....

scarednshakin wrote: »

The letter says

.. a load of old rubbish - as usual!

I'll sort you a reply asap mate - may not be til Sunday night but hold fire - no rush right now.....

scarednshakin wrote: »

What do I send back to them now? Like I said no mention of wrong address on the old T&C. Also got a letter from Moorcroft today telling us to phone to arrange payment - oh happy days

What is moorcroft in respect of exactly? :o

never-in-doubt

scarednshakin wrote: »

Sorry Niddy, me again

Just opened another letter and got a response about our other BOS account. Remeber the question a while ago that was raised about the Preference Account and as to what type of account it is? Can't find the post about it.

The letter we got back from them is that they are looking at the complaint, but the interesting bit is it states 'Thank you for contacting us regarding your credit card account'

So they are stating that it is a Credit Card?!?!?!

Is it this you're speaking about? #381 Ive already proved that it's a credit card - as that letter suggests.... can I check, you're speaking about 2 different BoS accounts, right?

Jees - all you do is scan through the pages - lol

scarednshakin

Sorry Niddy, slap on wrists will try to do better

Moorcroft letter refers to the account we got the super dooper long letter from BOS today. They want us to contact them about a repayment proposal.

Thanks for sorting out a letter, n sorry again, as you may have quessed not that techncially minded. Ta SNS