Frightened about my future

savingwannabe

Why do all these horrid people exist? I suppose it makes us appreciate the nice people.

Mrs_Niddy

elsie52 wrote: »

Bye for now ladies and Gent, will be back later, off for a lovely soak in the bath.!!

Bye Elsie, Enjoy your soak

jinny

yes Sw lets all talk about fencing!!!!
eeh a dont know what got into me tonight i need to make myself a cup of cocoa and settle down:D

never-in-doubt

Hi Ann

Regards to the letter you received from Egg this afternoon, they are simply trying to get you to do their job for them - nothing new in that, but you do not have to. The Act is quite clear in that you request s.78 and the lender complies dispelling any argument you may have, if they cannot do this then you have every right to argue unenforceability.

I can sit here and respond to Egg listing the reasons why it is unenforceable, but why should I? Point is they should be saying to you that it is enforceable - because...... The fact they have not leaves me to suspect they are wanting to see how clued up you really are - so, send this and see what they come back with - should be interesting;

Dear Egg,

Account No: XXXXXXXX

I write with reference to your letter dated xx/xx/xxxx and note the content.

You have requested that I respond detailing why the agreement is unenforceable, however I reject your request in its entirety because the Act (CCA1974) does not require I do so, however it does require that you can prove it is enforceable thus dispelling my claim to the contrary. Therefore, as previously explained to you, my position is clear, which happens to coincide with current legislation, namely s.127(3) of the Consumer Credit Act 1974 which, deems this alleged account to be unenforceable until such time you send compliant documentation. For ease and clarity, the relevant part of said Act, is quoted below;

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

As is clear from the above, without the original signed agreement encompassing the prescribed terms, this account is lawfully deemed unenforceable and no formal action can be taken so long as this remains the case. Please do not waste my, or your time by fighting this lost cause any longer. Unless you can satisfy my s.78 request in full by providing me a copy of the alleged original "compliant" agreement, then I have nothing left to say to you.

As the account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a copy of the original agreement I will not correspond with you again. Any threats will be averred and unlawful and vexatious with a counter-claim forthcoming.

Yours faithfully




Sign digitally

jinny

thats telling them Ann they are clearly blagging this one

mouseann

elsie52 wrote: »

S L O W L Y:rotfl::rotfl::rotfl:

Oooer Mrs. Elsie!!

never-in-doubt

pixiechick wrote: »

Mind you, I wouldn't kick MSE guy out of bed (might have to kick him into it!!! )

You do know we have a user here called MSE Guy - he writes reports and i'm forever arguing with him cos he calls UE a "loophole" - he should know better! :rotfl:

See here for his profile: http://forums.moneysavingexpert.com/member.php?u=632777

Anyways, would you kick him outta bed....... :whistle::whistle:



Only a bloke can find a good bloke piccy!

mouseann

jinny wrote: »

we should perhaps go back to talking about Anns fence

Or the bloke who is going to fix it!

And, incidentally, I am old enough to be his GRANDMA!

jinny

he'll go blind has he lost his sunglasses
does nowt fer me Im afraid

Mrs_Niddy

never-in-doubt wrote: »

You do know we have a user here called MSE Guy - he writes reports and i'm forever arguing with him cos he calls UE a "loophole" - he should know better! :rotfl:

See here for his profile: http://forums.moneysavingexpert.com/member.php?u=632777

Anyways, would you kick him outta bed....... :whistle::whistle:



Only a bloke can find a good bloke piccy!

If I were single, I wouldn't kick him outta bed oh dear...I'm gunna get into trouble again with Niddy - aw well, the guy is fit