Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Sent them a CCA request, to which they replied with an application form (with no prescribed terms whatsoever) and a covering letter (which contained prescribed terms), and some statements.
I immediately sent a dispute letter and they've just replied stating they don't agree its in dispute, and as the document has 'Consumer Credit Agreement regulated by etc etc' on it, and I've signed it, its legally binding.
Now I don't necessarily disagree that its binding, but I wouldn't think they have a cat in hells chance of it being enforceable.
Prescribed terms not within the four corners
The wording of the title is incorrect if they wish the application to be treated as an agreement.
Now I'm fairly sure that they know that they're wrong, and am guessing that trying to convince me that they're right is a bit naughty...
The million dollar question is... do I tell them and hope they go away, or keep my powder dry and see what they do next?
Hi Kanga, I would personally write to them again reiterating that the agreement is not enforceable for the reasons you have already outlined in your previous correspondence. The attached letter has often done the trick for me.
Dear Sir,
Further to your letter dated …... I reiterate, the documents provided in response to my CCA request were a follows: a pre contractual application form together with a covering letter.
I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves.
However, as you must realise this “agreement” does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.
You entered into default of my request some time ago. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.
Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act 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 including any defaults. Should you refuse to comply, you must within 21 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 fail to respond within 21 days, I will expect that this means you agree to remove all such data.
I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.
Yours faithfully,
Kanga v GM Card (HFC)
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