Hi

in light of Rory's comments comments about the credit agreement, I was wondering if anyone could help me with a what i should do now, who should i write to and what should i say to them?

I am not very good at writing letters so any help would really be appreciated.

thanks

anyone??

Thanks Rory,

Should i write back to them now and say that it's unenforceable, and let them know that i'm complaining to TS and the OFT?

what is the best way to word such a letter, are you be able to help me with what i should say to them and the OFT?

Hi,

here are the images, i've included the covering letter they sent with the agreement

http://i467.photobucket.com/albums/rr34/hneybee2003/agreement1.jpg

http://i467.photobucket.com/albums/rr34/hneybee2003/agreementpge2.jpg

http://i467.photobucket.com/albums/rr34/hneybee2003/letterpge1.jpg

http://i467.photobucket.com/albums/rr34/hneybee2003/letterpge2.jpg

[url=http://i467.photobucket.com/albums/rr34/hneybee2003/agreement1.jpg][/url]

They have sent me an agreement document where they have filled in my name and address and entered an account number, it is unsigned by me. The document is in two halves at the top of the first part it has the text 'please fill in your details, then sign and date this agreement and then send it back', the lower half has the same details but the text 'please fill in your details, then sign and date this agreement. THIS IS YOUR COPY please keep it in a safe place.

would it be easier if i try and upload the document and their covering letter for you to see?

Hi,

I recently requested a copy of my CA from a catalogue company even though i am fairly sure there won't be one as i definately did not sign anything (but it was opened about 8 years ago), however, they have sent me a letter saying

"under regulation 3(2)(b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, there is no requirement to provide a photocopy of the document bearing your signature, it is sufficient that we supply you with a 'True Copy' of the agreement setting out the terms and conditions......"

is this this the case? I am sure it can't be and i think they are trying to scare me off but i'm not sure what to say to them now, can anyone suggest a reply?

thanks

Hi Asleyjane,

i took their ex gratia payment offer but i also sent them a letter thanking them for the payment and confirmed that it did not affect my overall claim for £3000, i also said however, that it did not resolve my hardship as i still had an overdraft that i could not pay off.

I have not received any reply to my letter, so i assume they are ignoring it

Thanks alanalana

i'll check out the threads as suggested

Hi,

My OH and i have had loans with Blackhorse finance since 2002 and each time we have refinanced with them to clear of one loan with another (the most recent being in 2008. i've already written to them re misselling PPI as it was definately not discussed with us at their offices when i signed the papers, but they are insisting that PPI was explained and agreed for when we signed the loan agreements each time.

I've written 2nd leters to them but i'm still waiting for their final responses however, they have offered to cancel the PPI on my most recent loan providing i write and confirm that this is what i want and, they will cancel the PPI from the date they receive my confirmation.

i wrote to them in December and asked for the PPI to be cancelled and stated that i still insist the PPI was added without our knowledge but they have not replied.

Should i send another letter or should i complain to the FOS?

any help you can give would be appreciated

Thanks Ida,

i guess it is enforceable then after all.

thanks again or your help

pumpkin

Hi Rory,

i'm not sure how to post my agreement so i've had someone do it for me. here is the link

http://i467.photobucket.com/albums/rr34/hneybee2003/Agreement.jpg

Hi,

i need to find out if a credit agreement is unenforceable if it states

'anticipated number of monthly repayments'

instead of the number of monthly repayments

and 'APR (no account of any variation of the rate or of the amount of interest payable has been taken)'

I have been told by a colleague that it may be unenforceable but i want to make sure before i write to them.

does anyone know?

Hi,

i am in a similar situation as i have had loans with Blackhorse finance since 2002 and each time i have refinanced with them to clear of one loan with another (the most recent being in 2008). i've already written to them re misselling PPI as it was definately not discussed with me at their offices when i signed the papers, but they are insisting that PPI was explained and agreed for when i signed the loan agreements each time.

I've written 2nd leters to them but i'm still waiting for their responses however, they have offered to cancel the PPI on my most recent loan providing i write and confirm that this is what i want, and they will cancel the PPI from the date they receive my confirmation only.

Can you suggest a stronger letter that i could send to them as i firmly beleive i was and have been mis-sold these PPI but it's difficult to prove. My employers offer generous illness payment packages (full pay for 12 months), redundancy packages also, so i really did not need any PPI.

any help you can give would be appreciated

its the Clydesdale Bank and while the offer of £1000 is great i would prefer to have the full £3000 that they have charged over the last 5 yrs. Their letter does say that their ex gratia payment does not affect my claim as i will get the rest if the court ruling goes against the banks. I'm just not sure whether i should push for the rest.

should take the money being offered and write to say that i wil accept their offer but want the rest as they must have accepted my hardship claim?

Hi,

Due to financial hardship, i asked my bank to deal with my request for a refund of all bank charges over 5 yrs under the Finacial Hardship Criteria. I have been offered £1000 as an ex gratia payment which is about a third of what i am reclaiming. Should i accept this amount or push them for the full amount?

Hi Monty,

yes it was Drummond Miller Solicitors who gave me legal advice and they quoted around £160 -£180 a day, which is very expensive and why i could not lodge an intent to defend the action.

Good luck

Thank you so much Rory.

The letter to the OFT looks good but i'll hold off sending it (and the other suggested letter ), for a couple of days just incase you want to amend it.

thanks again

Your right Rory,

is there any chance you could help me compose a letter to the OFT re them raising court action?,

and how do you think i should show my hand a little s

hould i just send your letter and a copy of what i send to the OFT or just a copy of what is sent to the OFT at this stage?

i'm sorry to keep asking questions and for so much help

but, as i'm sure you've already noticed,

i am useless at this kind of thing although i am learning and i am very grateful for all the help you've given me.

Thanks gain for all your help Rory.

I'm just not sure what i should do.

After i wrote and complianed about them raising legal action while the account was in dispute,

their reply indicated that the case would be sisted pending the response to my request under the Consumer Credit Act.

I have taken this to read that until i receive a response from them i do not need to do anything.

Do you think i should just sit back and wait until they get back to me before i send the letter?

Do you know if they are committing an offence by having raised legal action while the account was in dispute?

Thanks Rory,

"Please be aware though that this may result in them frantically searching for a copy of the agreement but if they haven't found it by now I think we can probably assume that they won't."

do you think i should hold off sending the letter?

i'm happy to wait a bit,

but i thought that after the 30 days had past i had to write to them.

if it's better to wait then i can.

what do you think?

:

Let me have a think. I think really we need to give the bank a bit of a push in terms of getting them to drop the action completely and hopefully just write the account off

 

 

Hi Rory,

 

the 30 days have now passed and i have not received anything nor have i had anything to indicate why they have not provided me with a copy of the CCA, have you had a chance to think about a suggested response?

Thanks Rory,

that sounds like a good plan. Thank you

Hi Rory,

well the 14 days + 30 days are nearly up and i have still to receive a copy of my CCA

and copies of the notice of assignation to Brunswick Collections.

Are you able to help me draft a reply to them?

I need to be aware that the case is on hold with the court

in that the banks solicitors have provided a written undertaking that they will not minute for a decree in absence

at the present time as they are awaiting instructions from their Clients (this being the bank),

as my request in term of the consumer credit act is still outstanding.

I did not lodge a notice of intention to defend

as the legal advice i was given was that i did not need to because of the undertaking given

and the fact that if i had lodged a notice of intent to defend it would have set of a timescale for hearings etc

and i would have had to start paying solicitors fees which were to be £180 per day, which i could not afford

as they (Drummond Miller), said i could not be guaranteed to win.

i did however, lodge a letter with ther court explaining the lack on notice of intention to defend and why.

i asked that he letter be placed with the papers should a minute of decree in absence be applied for by the bank.

Do you think you can help?

Hi

the initial date for response was 14 November,

however i was given a written undertaking that they would not apply for a minute of decree in absence because of my dispute.

The legal advice i was given was that there was no need to lodge an intent to defend on the strength of there undertaking.

I did however, write a letter to the sheriff to be placed with the papers should a minute of decree in absence be applied for,

stating that i was advised by the bank and their agents in writing that they would not be applying for a decree in absence,

and i explained that i was still waiting for informaiton in termns of the Consumer Credit Act

and that my dispute was lodged with the bank before they aplied for legal action etc.

it's been on hold since 14th November really.

Thanks Again Rory,

you've been a great help.

Can i ask another question,

in your post (11), you drafted me a letter to ask for some productions which i did

and sent it off recorded delivery on 1 November 2008, to the banks agents asking for the information within 7 days.

I've still never received any reply to this letter either,

can i assume this is because everything is on hold while they deal with my request under the Consumer Credit Act?

Should i be looking to write to them again after the 30 days?

also,

can i ask did i've read your posts on the link you provided and you have not posted what the final outcome was, did everything go in your favour???