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.
I CCA'ed John Lewis in early April re a Mastercard account opened in August 2004, and I received a response a few days ago.
They havent enclosed any signed original document, but sent me a blank copy of a standard brochure with application form, and a letter which I have uploaded a copy of below. (They also enclosed the last 6 months statements up to date of my account.)
Link to letter received this week in reply to my request for CCA -
I am not in arrears with them but am wondering should I withold any further payments as of now until I see a signed original agreement?
On searching through my files, I have found the original letter that I received with the card in 2004. At the end of this letter it says 'For the Financial and Related Particulars applicable to your Agreement, please see below'.. not sure if this is relevant but have uploaded this document also below which shows the particulars in two boxes at end of page...
Under the various regulations, I don't think you are entitled to stop paying until they send a copy of a signed agreement since, as they point out in the letter, there is no obligtion for them to supply such a copy.
If they were taking you to court on the other hand, then we believe there is a requirement for them to produce such a copy and they could lose the case if they didn't.
Steven
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My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Hi all,
I sent a/c in dispute letter recently and have just received this response from John Lewis Partnership - do you think it's enforceable? I've put a link below to both the cover letter and the document they have sent to me in response to my a/c in dispute letter to them.
What they have sent is not enforceable beacsue it doesn't have any of the prescribed terms. The prescribed terms are on the 2nd document in post #1 which came with the card but that won't do as they must be on the same document as the signature).
What you do with this information is up to you - one option is to write and tell them the agreement is unenforceable (and why) and make them a Full and final offer to close the account and discharge the debt.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
It looks like they have fulfilled their obligation with respect to your S78(1) request, did they send of their letter marked "without prejudice"?
In my case I received a S78(1) response in January 2009 in which they stated that they were unable to send a copy of my signed application and marked it "without prejudice". I also received a DN then very quickly a summons followed which I am now defending.
John Lewis Financial Services are part of HFC Bank who are in turn owned by HSBC.
John Lewis Partnership Card CCA
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