Unenforceability & Template Letters III

never-in-doubt

thechippy wrote: »

People are insulting you m8 - I'd have a word.....:D:D:D

...http://forums.moneysavingexpert.com/showthread.html?t=1912459&page=197

You mean it's you lol - thing is i'm a good lad (yea right)..... #3957

never-in-doubt

ejc81 wrote: »

Wow NID nice new thread :beer:
It's taken me a whole day of reading to catch up! I only haven't been on for a week or so, you have been very busy! Do you ever sleep lol.

I've got a reply back (well if you can call it a reply) to the letter you did me for 1st credit a couple of weeks ago...I can't link yet but it was post #2187 on the old thread.

Can you have a peek if you get a chance please?:D

They've basically not acknowledged your letter and sent a settlement offer intead :mad:

Thanks - its a lot better than the last 2 - and no, sleeping isn't in my nature (think vampire) :rotfl: :rotfl:

Hmmm, so after all that effort they decided to ignore you did they? When you sent my reply (here:#2187) did you send it recorded and if so has it been signed for/received? If so please confirm the date received and i'll sort you a reply to send them.... cheeky so-and-so's!

p.s. you manage to link it just fine - you copied the post number like this #2187 :T :T

RobertO_2

Hi all
I don’t know if i should post this here but after looking through this thread I’ve noticed that there doesn’t seem to be any information or template letters on what to do if an agreement has been varied by the lender.

My understanding of it is that if an agreement has ever been varied then the original copy must be supplied. However, I am unsure of what it means for an agreement to be varied. Does this mean credit limit increases/decreases; increases in interest rates (aka rate jacking) or just one of those updated terms and condition leaflets that occasionally get sent through the post.

My understanding is largely based on typing into Google ‘Copy of agreement can be a reconstituted version’ and reading the BBC News and Times Online articles that show up.

I don’t think I’m allowed to post links so here is an extract from BBC News

If an agreement has been subsequently varied by the lender, then the lender is obliged to supply a copy of both the original agreement as well as the current one.

An extract from the Times Online article is below

Third, if an agreement had been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.

If anyone can shed any light on this I would greatly appreciate it.

never-in-doubt

Roberto - start a new thread mate, this isn't really the place for varied agreements as it is so specialist if I start on it, it'll confuse matters...

Click here then click new thread: Debt-Free Wannabe

RobertO_2

My apologies NID. I've started a new thread.

never-in-doubt

RobertO wrote: »

My apologies NID. I've started a new thread.

Ive just gotta sort a letter for Maz then i'll be right with you.... the linky to your thread is here: Varied Agreements

In the meantime see here: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/244298-varied-terms-conditions-original.html

and here: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/221824-unenforceable-credit-agreements-24th-5.html

never-in-doubt

Send the letter below to Apex with a copy of the letter you last sent them, dated 11th March. See what they come back with this time!

Do a spell check cos i've done this quickly....

Dear Sirs,

Account No: XXXXXXXX

I write for a third time regards to my CCA Request, which you keep returning to me.

I made it quite clear in my response, dated 11 March 2010, that I expect you to fulfil my request in line with s.175 CCA1974. As you clearly lack any knowledge in this area, i'm left with no option but to spell it out for you in the hope you understand the severity of your blatant breaches of these regulations.

I originally requested a CCA on xx/xx/xxxx to which you responded by returning my Postal Order telling me to go direct to Barclays Partner Finance, the original creditor. I then responded with my letter dated 11 March 2010 (copy attached) advising that s.175 comes into force and therefore it is your responsibility to deal with my request or to pass it back to the original creditor on my behalf. This was not a request, moreso a formal demand in line with current legislation.

Need I remind you of the same conditions I keep referring you to, as already provided twice before?

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)

As part of my original request, I allowed you the statutory 12 (+2) days in order to comply. As this has expired by some time, I now consider this account unenforceable. It will remain so until such time you comply with my request. The fact you keep returning my letters and postal order means nothing and you'll find no formal action can ever be taken against me for this alleged account so long as you keep playing this silly game.

Therefore, to avoid any future embarrassment please deal with my request or pass it to the original creditor. This is my final response regards to this matter and any shortcomings will be dealt with swiftly.

Yours faithfully,





Sign digitally

maz1964

hiya Niddy

Wow, i must learn to be more forthright :D:T

yes will spell check and send out again lets hope 3rd time lucky hey

as Gino d'Campo says FANTASTICO!

thanks again and have a fun eve, huge thanks MAZ:beer:

thechippy

Good letter, I like it.:D

never-in-doubt

maz1964 wrote: »

hiya Niddy

Wow, i must learn to be more forthright :D:T

Sometimes you just gotta be blunt to get through.... this is self explanitory.... So you understand that right now it is unenforceable and stays that way? Yep?

Oh - if they return your letter and PO again then you keep it and ignore them from here-on-in, being you already advised them (in this letter) that it is your final response.

i.e. case closed :T