Unenforceability & Template Letters III

never-in-doubt

Abbey / MBNA

Pugface wrote: »

Here are the copies of the documents I received recently from Abbey

Abbey1
Abbey2

Abbey also sent through a copy of the current terms and conditions, but not a copy of the terms and conditions that aplied at the time

Ok, I need you to be specific here please, why did you say that they sent the latest T's & C's but not those that applied at the time? Page 2 is the terms at the time of the agreement.....

Basically this is enforceable, but i'd suggest you respond with this: CCA Queryand try blag it... if they get heavy then consider repayment plan....

BigCraigJohn

Pugface wrote: »

Hi NID,

Finally managed to get my post count up so I could post links.

Here are the copies of the documents I received recently from Abbey and Cap1.

Abbey1
Abbey2

Abbey also sent through a copy of the current terms and conditions, but not a copy of the terms and conditions that aplied at the time

Cap1-1
Cap1-2
Cap1-3
Cap1-4
Cap1-5
Cap1-6
Cap1-7
Cap1-8
Cap1-9

Thanks again for this - I can't tell you how much it means to me to have you here and looking at all these.

Cheers,

Paul.

How long did you have to wait for these from Cap one Pugface?, these gits are a pain, i'm sat waiting for the postie every day but nothing(guess thats a good thing).

never-in-doubt

BigCraigJohn wrote: »

How long did you have to wait for these from Cap one Pugface?, these gits are a pain, i'm sat waiting for the postie every day but nothing(guess thats a good thing).

Mate - yours is going to be unenforceable, don't sit there waiting - just expect the surprise when they mess up (like usual)..... Enjoy yourself and when they turn up then you'll wish you'd not waited with baited breath cos they will send you junk! :rotfl: :rotfl:

BigCraigJohn

never-in-doubt wrote: »

Mate - yours is going to be unenforceable, don't sit there waiting - just expect the surprise when they mess up (like usual)..... Enjoy yourself and when they turn up then you'll wish you'd not waited with baited breath cos they will send you junk! :rotfl: :rotfl:

Hahaha, dont want to be too confident although from what ive seen they are probably 1 of the worst offenders, this is the debt I have by far the most on and a ridiculous apr to match, easily the difference between moving on in life or not although I think i'm beyond the point of no return now with this in as far as the arrears are uncatchable.

ps found an oldish statement and was on 6% life of balance, currently on 35.9 for everything, get everything they deserve.

never-in-doubt

BigCraigJohn wrote: »

Hahaha, dont want to be too confident although from what ive seen they are probably 1 of the worst offenders, this is the debt I have by far the most on and a ridiculous apr to match, easily the difference between moving on in life or not although I think i'm beyond the point of no return now with this in as far as the arrears are uncatchable.

As I say matey - don't you worry about a thing

BigCraigJohn

never-in-doubt wrote: »

As I say matey - don't you worry about a thing

Beyond caring too much now tbh, month back I was on the brink of bancruptcy, infact got interview with CCCS tuesday, better ring and cancel :eek:;)

Pugface_2

never-in-doubt wrote: »

Abbey / MBNA

Ok, I need you to be specific here please, why did you say that they sent the latest T's & C's but not those that applied at the time? Page 2 is the terms at the time of the agreement.....

Basically this is enforceable, but i'd suggest you respond with this: CCA Queryand try blag it... if they get heavy then consider repayment plan....

Hi NID,

Sorry, got sidetracked by the pages they sent through with the current terms and conditions, so assumed that there would be something similar to that. Didn't think that the bits on page two would be all of them.

Wish it had been the other one that was enforceable as this one has more on it!

Thanks for taking the time to check all this out it's very much appreciated.

Pugface_2

never-in-doubt wrote: »

Capital One

As I always say, I can sign a Mars wrapper but if it doesn't have the prescribed terms on it then it means jack !!!!!! in court! Yes, there is a section above the singature box that states you agree to the terms - but what terms? Any terms? Please be specific - see my point?

Basically - this is unenforceable and you should respond by sending this back to them: CCA Query - Terms & Conditions Supplied

Hi Nid,

Thanks again for this. I'll get that letter sent off straight away.

Cheers,

Paul.

Pugface_2

BigCraigJohn wrote: »

How long did you have to wait for these from Cap one Pugface?, these gits are a pain, i'm sat waiting for the postie every day but nothing(guess thats a good thing).

Hi BigCraigJohn,

They took ages with me too.

Originally started in early December and just kept getting nothing back from them. Then they requested a signature so sent them the letter saying they didn't need it. Then had a letter saying they were looking into it, but it could take up to four weeks. Then the final letter came through as posted above. That was a few days ago. So about three months total wait.

Good luck with them!

Cheers,

Paul.

gems3286

Hi NID,

Needing a bit of help.

I have sent to two of my debt companys a template letter you gave me the template is below.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On xxxxx I made a formal request for a true signed agreement for the alleged account under the Consumer Credit Act 1974 (s.77-s.79). A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such you are now in default and this account has become unenforceable. The document that you were obliged to send was a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore; you should be aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired and as such, as you are no doubt aware s.77(6) states:
"If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law"
As you have Failed to comply with a lawful request for a true, signed copy of the agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. You may also consider this letter as a statutory notice under s.10 of the Data Protection Act (1998) to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.
Any attempted argument regarding case law such as McGuffick v RBS will be dismissed as this particular case has no bearing on the legal reporting methods that a lender has with the CRA, namely adding derogatory data whilst an account is in dispute, this account clearly is disputed. Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

Need I remind you that a creditor is not permitted to take ANY action against an account whilst it remains in dispute? The lack of a credit agreement is a very clear dispute and as such the following applies.
* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply. I would appreciate your due diligence in this matter and look forward to hearing from you, in writing within 30 days.
I have sent them this letter and they were both recieved on the 26th feb. Now i'm wondering i haven't heard anything from them so far. How long do i leave it for them to get in touch and what is my next step?

Any help would be great.

Gem