Hello

I have for a long time been in financial dificulty and due to a medical condition and have not been able to work for about a year, until then i was paying my bills on time. I now have to depend on income support and disability living allowance to live on. I have small monthly arrangements with my creditors which is all i can afford, but lately I have been defaulted on four out of six accounts. I am not a 'wont pay' person but 'cant pay' and this has lead to a family break up. Sorry for the sob story.

After reading a lot on this great forum i sent cca requests to all of the banks and recieved a first response from American Express blue credit card.

Would someone with knowledge advise me on whether these documents show that i have a case for an unenforceable credit agreement.

Thanks for any help:)

http://i600.photobucket.com/albums/tt82/San_Martino/Amex%20Blue/ResponseLetter.jpg

http://i600.photobucket.com/albums/tt82/San_Martino/Amex%20Blue/AmexBlueApplication.jpg

http://i600.photobucket.com/albums/tt82/San_Martino/Amex%20Blue/CCA1.jpg

http://i600.photobucket.com/albums/tt82/San_Martino/Amex%20Blue/CCA2.jpg

http://i600.photobucket.com/albums/tt82/San_Martino/Amex%20Blue/CCA3.jpg[url=http://i600.photobucket.com/albums/tt82/San_Martino/Amex%20Blue/AmexBlueApplication.jpg][/url]

There are also six pages of T & C's which are generic, i can post later if requested.

Thanks

The second page, has this been signed by you or is it just the application that has been signed?

Hi

Sorry for the delay.

Only the application has been signed.

The prescribed terms of the agreement need to be contained within the four corners of the agreement. They can't simply be contained in another document entitled terms and conditions. The application form is unenforceable as it contains none of the prescribed terms and would appear to be in no way linked to the second document which does contain the prescribed terms required in a credit agreement.

Thank you for your advice Rory32

I will send a reply to American Express on 15th day after my initial cca letter was sent, could you suggest a correct template to use for this as

there are a number of replies i have seen on this site and others that are quite different in format and text.

Also, I have been paying a token payment each month to RMA Resolve who collect on behalf of Amex ( in house I believe ). Should I stop payments to them until a true copy of an agreement appears?

I appreciate your time

San Martino

Should I stop payments to them until a true copy of an agreement appears?

I am also in a similar situation, I also sent letters to the Credit card company's requesting the CCA, so far one has replied. They have sent a photocopy of conditions but not anything signed? Not sure where to go from here? or what to do exactly if any don't reply? I haven't used them for a couple of years now and i am currently making token payments, if i had any idea back then how much stress and worry they would bring i would never have touched them.

San martino I hope your situation can be resolved soon too.

Would be very grateful for any advice.

Thanks

Hi roselee,

You need to start your own thread to get the appropriate help and advice on your situation. If you don't know how to do that have a read here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Hello

The 12 + 2 days is about to expire on my cca requests on March 24th.

I have recieved two replies out of six letters that were recieved on March 10th by recorded delivery.

Out of the two replies, one loan account with Alliance & Leicester seems to be enforceable( i will start a new thread just to make sure) and the other with American Express so far is unenforceable (above) as they have not sent me a true copy of the cca.

I have four more requests outstanding with Halifax ( DCA - BO&S )

Lloyds TSB, Egg card, and American Express Gold ( DCA - RMA ).

I am about to prepare a response letter to my creditors. Could someone take a look at the following text and let me know if its the correct template?

I just dont want to make any mistakes.

Thanks

Dear Sir/Madam

I DO NOT ACKNOWLEDGE ANY DEBT

ACCOUNT IN DISPUTE

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

(if one was recieved)

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On March 10th 2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/78. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account is now in default as of March 24th 2009. (12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore;

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as 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.

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 not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

(DO NOT SIGN)

Hello again Sorry for repeating myself. As I mentioned in my previous post the 12 + 2 days has expired. Could someone help me with the correct letter template for dealing with:

1. A creditor who has sent an invalid response to my cca request.

2. A creditor or DCA who has not replied at all.

There seem to be are quite a few different formats for these letters on the site, some are more 'heavy handed' than others. i would just like to get the balance right.

Thank You

San Martino