Unenforceability & Template Letters III

missal

Hi received a reply to my cca request from debt manager who are acting on behalf of abbey.

They seem to have supplid me with a photocopy of my agreement, a little blurred and the terms and conditions cut off on one side.
Where can i check what they should say?

Thanks

Tixy

missal wrote: »

Hi received a reply to my cca request from debt manager who are acting on behalf of abbey.

They seem to have supplid me with a photocopy of my agreement, a little blurred and the terms and conditions cut off on one side.
Where can i check what they should say?

Thanks

Here is the Prescribed Terms to check against.

But if the document is illegible then you send this http://forums.moneysavingexpert.com/showpost.html?p=30356073&postcount=12

johnglov

never-in-doubt wrote: »

Ive seen 11 copies of that letter on this thread alone you know! You are not alone..... its a blanket response, i.e. they state they are sending it under separate cover so hold fire and see what comes.

Until they respond the account is unenforceable ok? No action can be taken, keep us updated with progress.

:beer: :beer:

I too have had this response to a CCA request from barclaycard. Unfortuneately I have paid the next payment but I won't pay anymore until I get a response to the letter. Should I send a CCA reminder or just do nothing? Thanks for your help!

swanfan02

Hi NID Had a response from Lloyds/TSB. They have sent terms & conditions plus long winded letter stating they are looking for signed agreement & wouldn't have opened account without one etc etc. My question is they have responded very quickly, do i need to wait for the 12 days to be up before sending CCA Query Terms & Conditions reply?

terimon

Dear Mr ******

Account: ****************

Following your recent communication with us regarding an offer of settlement, we confirm your offer of £5,000.00 has been accepted in Partial Settlement of your account.

This offer is conditional upon your payment being received no later than March 31. 2010. Upon receipt and clearance of the payment. we confirm that no further action will be take to recover the remaining balance and your account will be registered as a Partial Settlement with the credit reference agencies for six years.

Failure to make the agreed settlement payment by the due date above will result in your account being registered as a Default with the credit reference agencies for six years. If a Default is registered. your account will be closed and the outstanding debt may be sold to a Third Party.

Furter use of your credit card will cancel the settlement offer and will result in your account registering as a Default with the credit reference agencies fot 6 years. Therefore, if you have not already done so, please destroy your credit card, PIN number and any credit card cheques. I n addition. please ensure that any recurring transactions such as subscriptions or card protection are cancelled with immediate effect.

terimon

Received this from MBNA today. To be honest i dont have a clue what to think or to do!

Wont be doing nothing until i hear from NID :T

missal

Hi,
should i scan the letter in so you can see it?

It's not trms and conditions sorry it's the customer declaration that has been chopped, unless that another name for terms and conditions, i got none.

Missal

Peppa-Pig_3

Hi nid

just want to double check you got my pm with the additional 3 cca we received and if you'd had any look on the others ?

thanks
pp

Mateusrojo

Hi Nid

Sent off the CCA – request letters to companies by registered post on 23 February.

Have now had the following results and just wanted to check in with you whether my understanding and next actions are correct. Thanks.
If this is too much detail then please let me know for future!

• Sainsbury credit card:

Initial letter dated 24 Feb – basically says they are enclosing a copy of the reconstituted version of the executed agreement comprising both the original and current terms together with a signed statement of the account and stating that the original signed application form will be sent under separate cover.
Along with this letter there was:
Statement of account – how much I owe!
Credit card agreement – regulated by CCA 1974 – first paragraph lists the parties (typed address –not my address at time but can check if important.) this document is 5 pages – (9 sides long) – no signature
Credit card agreement – (original? – has my old address and has 3 pages (5 sides) all numbered consecutively but no signature anywhere. – last paragraph does say “once you have signed this agreement…..”)

2nd letter is dated 10 March and refers to previous one. This says “I now enclose a copy of the original signed application form as requested”
Attached is a form stating – “your application for a Sainsburys bank card has been reserved in your name. The details printed below were provided as part of your application – Please check to ensure that we have recorded your infornation correctly then sign in the space indicated.”
This form includes my details of address and employer at the time etc and I ahave signed and dated (1/10/04). It does say just above signature that it is “A credit agreement regulated by the Consumer Credit Act 1974. Sign only if you want to be legally bound by its terms.”
There is nothing on this page which links it to any other.
Another photocopied sheet is attached to this which is a copy of paragraph one of the of the Credit agreement – important financial information. – it has nothing else on it i.e no signature date etc.

My understanding of this: As I have a reconstituted agreement – my name and address typed – then I need to send the letter CCA Query – Copy Document with some amendments to fit my circumstances.

• MBNA response – this was originally a Virgin credit card.

Letter dated 4 March

Says there is a copy of executed agreement and up to date terms and conditions.

FAQ’s say they have sent me a copy of the credit agreement I signed which may be on the same page as the application from I filled out.

Attached is :
A half page photocopy – which does appear to have the prescribed terms and my signature and also appears to have a signature of someone else scrawled on it and a typed date? - this is across the document – but it is not easy to read – can read it if I struggle.

Not sure if this is a genuine page or a put together page?

My understanding of this: Likely enforceable? But send template 3.1 letter?

• Barclaycard – no electronic proof of delivery was available – no response

My understanding of this: Send reminder letter.

• Barclaycard no 2 –

2 letters both same date – one gives statement of account and says agreement will be sent under separate cover – there is also reference to civil procedure rules?

Second letter is copy of terms and conditions.

My understanding of this: Send template 3.2

• Capital one: No response

Send CCA reminder

• Marks and Spencers

Letter requesting “your signature of authority”

My understanding of this: Send demand of signature letter.

k4j

Hi NID,
How are you?
I don’t know if you will remember me, but I have followed your advice so far and have found out my HSBC account is enforceable. Sky card have not replied at all. Capital one sent me a letter saying account is enforceable. They also sent me an application form with my signature and their signature on it. At the bottom of the application form it says…
Credit card account agreement regulated by the consumer credit act 1974.
“…the credit reference agencies and fraud prevention agencies will also use the records for stastical analysis about credit and fraud. I have read the terms and conditions setting out the agreement with capital one and if my application is accepted, I agree to be bound by these terms and conditions as amended from time to time.”

Does the highlighted part means it is enforceable?
I have noticed you have updated the letters since and added another template…shall I send off the debtors final response letter to all of them?

Barclays have passed the account on to the debt collectors and they have sent me a letter today telling me to either pay up or contact them within 7 days or they will take further legal action. What should I do?

Abbey and virgin (link) have sent me a letter couple of days ago telling me it is not unenforceable and that they have not breached any of their guidelines. This is their final response:

“ we maintain we have not breached the guidelines that govern our organisation and will therefore be taking no further action regards to your complaint this time.
We can confirm the information you requested has been ordered from MBNA Europe bank limited and we hope to provide this to you as soon as it is received. Unfortuantely this is taking longer then previously anticipated. We can confirm we are holding your account until this situation can be resolved. “

They have also highlighted the McGuffick v RBS case.
Any ideas what I should do next? At the moment I am really worried about the Barclays debt collectors letter. Thank you in advance.