Hi all

this is odd had a letter after sending for a CCA and this is the response

http://i302.photobucket.com/albums/nn99/sexeysarms/Mackaysyou.jpg

http://i302.photobucket.com/albums/nn99/sexeysarms/Mackayslt.jpg

nothing on the credit agreement not even my name just "you" "us"

also have T/c and apr ect but could be any one !

could some nice person please advise

many thanks to those you have looked

Cheers M1

The first file has the prescribed terms but no signature - are you saying the name and address box is empty rather than blanked out?

If so, you are right, it could be anyone. And that means they have not sent a copy of an enforceable agreement (although, strangely, I think it complies with s78(1) of the CCA 1974).

The second file is just a covering letter.

Hi Steven 4064

many thanks for your time , the doc sent have nothing on them at

all that could relate to anyone

what to do now ?

any advice

cheers M1

Why did you send McKays the CCA in the first place - what are you hoping to achieve?

Hi Steven

thanks for your advice around all my threads ,

regarding Mackays i am behind with my payments, and would like to get some charges ect back to bring down the min payments, so if the agreement is unenforceable i could have some time to get things sorted

with my business which is now picking up a bit better .

would like your advice on what to do next please

very many thanks for your time

cheers M1

Do you have your statements? If so you can begin the charge reclaim process. If not, send a SAR to get them and then reclaim.

There are a couple of things you can do with the 'agreement'

1. Stop paying and let them take you to court on the basis that what they have sent you is not enforceable in court

2. Make them an offer of about 25% of what you owe to clear the debt. That is all they would get by selling the debt to a collection agency and without a valid CCA they shuoldn't be able to sell it.

Thanks Steven

should i write to them and say that they have failed to send an enforceable agreement and put the account into dispute or am i on the

wrong track here

cheers for your valued advice

M1

Yes you can do that - they are in default as they have not complied with your request under s78(1) of the CCA 1974 within the prescribed period of 12 days. Section 78(6) says

(6) If the creditor under an agreement fails to comply with subsection (1)--

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

1. they may not ask for payment

2. they may not add interest or charges to the account

3. they may not disclose information concerning the account to any third party including, but not limited to, credit reference agencies

If one callendar month has elapsed after the 12 days, I would inform them that they have commited an offence. If not, tell them how long they have got before an offence is comitted. ONce this date is passed, they can only enforce the agreement if they get a court order.

Thnks Steven

Slick has done a good letter which i will be sending to BC Monday

i think maybe i will adapt that

cheers for your advice

M1

Hello all

udate i have today received another Application Form from Mackays

will post it up tonight

regards M1

Quote:

In the event that you intend to escalate the above Harassment to include Doorstep calls by your Employees or your Agents, please be advised that under OFT Rules, you can only visit me at my home if you make an appointment and I have absolutely no wish to make an appointment with you. There is no need, as Written Communication is quite acceptable in Law.

Please note, there is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore, take note that I revoke license under Common Law for your Employees, or your Agents or your Representatives to visit me at my property and, if you do so, then you will be liable to Damages for a Tort of Trespass and Civil Action will be taken.

Hi everyone

have had another reply from Mackays this is it

could some kind person please have a look for me

many thanks M1

http://i302.photobucket.com/albums/nn99/sexeysarms/mackaysdoc2ccaaplication.jpg

http://i302.photobucket.com/albums/nn99/sexeysarms/mkaysccadoc2.jpg

http://i302.photobucket.com/albums/nn99/sexeysarms/mckaystcdoc2.jpg

What really matters is how these pages relate to one another - doc2 has the prescribed terms and must be on the same sheet of paper as your signature (can be back to back). Otherwise it is not enforceable.

Hello Steven

silly question but how am i to know :confused:

doc 2 is page 1 credit card agreement which has my name and address

no signature

doc3 is page 2 has my signature

very many thanks for your help can you advise what to do next please

regards M1

silly question but how am i to know :confused:

I think I would write and ask them howthe pages relate to one another on the original. Remind them of the timescales involved. Remind them also that, to fully comply with a request under s78(1), they should also send a copy of any documente referred to in the agreement and a statement of account.

Steven

very many thanks im so glad your here

cheers for now

M1

Hello all

Update on this one

Had a yellow card from Allied International Credit (uk) Ltd

Our client has informed us that under their terms & conditions,

as formal demand has been made , payment of full outstanding

balance must be made Immediately.

Well Triton Credit Services have been having a go with this one

and I wrote to them and also sent a Personal Budget Sheet for

the three accounts I have with RBS offering them £5.00 per month

per account , have heard nothing back ,then the card from AIC well

have just written this letter to them .

Thank you for your card

Would you please send me full details of the account in dispute

as on your card there is no account number, proof that you have

the authority to collect the debt (deed of transfer)

Copy of the executed credit agreement and copies of any documents

referred to therein.

Full details of any charges that have been added to the account if or

when your Company took over the the Aurthorisation to collect the debt.

A copy of your Complaints Procedure.

I add finally that I am in no postion to consider acknowledging either

the stated debt or your Aurthorisation to collect said debt untill all of

the above requests have been met in full and received by myself within

the statutory timeframes.

Yours Faithfully

Tonka

Thanks for looking in

T99

Hello

Have been having a rough ride with RBS I took out

a credit card with them off the Internet last Oct

as I have said in all my other Treads I am not trying

to get away with not paying any of them , at the moment

I am not in a postion to pay even the min payment .

Back in Jan this year the CAB wrote to RBS and explained

my situation to them I have one card with Nat West taken

out the same day ,Mackays store card Tesco Card .

I have been hounded by Triton credit sevices ,then Green & co

Solictors,and today have received a letter from Moorcroft

debt recovery Ltd , I have written to Triton and explained my

case and offered them £5.00 per month on each card no reply

then Green & co got pushey sent them copies of the letter i

sent to Ttiton they did write back to say they had passed it

back to Tritons and that they would reply , havent:mad:

So do I now send all copies from the above to Moorcroft:confused:

Thanks for looking any advice would be very welcome

T99

Hello

Just to say have sent copies of all letters to Moorcroft

by R/D , and said could they please send me D/D to set

up payment plan .

Thanks for looking in

T99

Hello

Have received a reply from Moorcroft asking for I/E sheet

have just done going off tomorrow .

T99

Hello all

Just to say job done I have finally got a paying in

book at the agreed £5.00 a month .

Its taken lots of time and letters but im happy with

the result

What i have learned from people on this site has been

Goldust wish I had found it sooner .

Thanks for looking in

T99

Hello

Update for this one

Have received a letter from Westcot Credit Services Ltd

This is the third DCA to try this one Triton then Allied International

am going to send them a SAR as I dont have all my statements

will keep you informed:)

Thanks for looking in

Tonks