i have sent a bemused letter to Triton recently.

They just sent back the spit your dummy out letter ie

we have complied with s78 we sent our final response pay up!

No i have been sent a uneforceable agreement but they state they have complies so pay up i say they may have complied with s78 but it is uneforceable so will not pay up

Just to clarify

A CC will state that they have complied with S78 by sending a copy of a credit card agreement. They will state when you issue an account in dispute letter that it is not in dispute as they have complied with S78.

BUT that does not mean that the agreement is enforceable in a court of law

I am correct in this?

thanks

that sounds strong enough and too the point

Hi have now had a response from triton

States that i was sent a response to my cca request back in march and that i also received a final response from originall creditor in june so basically pay up

My last letter to triton asked them to send a fully executed CCA.

yes they have complied with original CCA request but that does not mean it is enforceable

i need a strong response ideas anyone

thanks

Hi i am looking for the bemused letter anyone know where i can find it

Hi Howler

I am interested to know if Triton have passed on your account and if you responded to their original letter and how

have just received 1st letter from Triton trying to draft up a response

thanks

Thanks exactly what i was looking for

Hi does any know of a link for the bemused letter pleas

going around in circles looking for it

thanks

Hi could anyone point me towards the bemused letter in response to account being passed to Triton

Thanks

Me too it took them 3 months to come to that decision

i think the FOS work for tesco

update

FOS found that tesco had acted fairly but they would not look at the legalities of the application form as a CCA

Triton sent letter 3 days ago asking me to ring

what do i send back

thnks

hey thanks for all that

so should put a claim in through the normal channels and wait for everything to be decided through the test case.

Hi would really appreciate some input on this

I believe i can claim business bank charges under common law as opposed to consumer law and that therefor the ongoing test case does not affect a claim for business bank charges.

thanks

bump

Hi it is a sole trader

£8 per day for being a few pounds overdrawn mostly last few months

and 1 month in 07

HSBC

Have asked for a breakdown of charges got these and calculated with 8% interest

thanks

thanks but the site says i am not allowed to acess that link

Can anyone please point me in the write direction for claiming back business bank charges i believe it is different to personal bank charges thank you

i have now been told by FOS that even though i am in dispute with a CC company they may still issue a default is this correct?

Is my only option now to start court proceddings and how long does this process take

the FOS also believe that because i original used the card then i accept all the debt including interest and charges that i never aggreed to because they were not written on the actual application form

Just to say

Have sent off complaint to FSO they have come back saying that they will not look at the legalities of a fullly executed agreement ( they seem to believe that terms and conditions sent separately are adequate) and that they will try to reach a fair agreement to both parties without taking legalities of agreements into account. what is the point

thanks for your help will send the letter monday

thanks the fact that the account is indispute as they have not sent and enforceable cca after many requests that makes it invalid also?