is this a cca?

[bobogosing]

Hi All

 

Been busy this morning as you all can see with all the threads I ve been posting:eek:

 

Advice on this one please!

 

Its the friend that I m helping out, she's in trouble with amex/rma too.

 

She cca amex/rma and this is what they send back

 

oops..........having trouble with photobucket, might have over worked it:eek:

 

Will post later

[TheChancellor]

subbing despite the suspense killing me lol

[bobogosing]

Hi All

 

Sorry TC keeping you waiting;) lol!

 

Here it is

 

 

 

Also can someone tell me, the application was signed on 27/7/99 and on the top of the form it was approved on 7/6/99. should that be right?

[berrylover]

Personally I would say its not enforcable as it doesn't contain the correct terms and conditions required.

[bobogosing]

Hi berrylover and all

 

Thanks for reading my post.

Any advice what to do next?

As my friend is still paying her debts through payplan too and she's on DMP.

[berrylover]

If someone else is willing to confirm that it is not worth the paper it was written on then I would be asking payplan to stop the payments to them, as it is not a valid agreement.

[odds]

Where are the Prescribed Terms ? Also Terms and Conditions from the time it was taken out ? as mentioned earlier.

Could it have been approved and then sent to your friend to sign and accept, thus explaining the date difference.

From others I have seen on here I would say it is what it says at the top of the page ............ Application Form

Sorry can't be much more help.

 

Pete.

[bobogosing]

If someone else is willing to confirm that it is not worth the paper it was written on then I would be asking payplan to stop the payments to them, as it is not a valid agreement.

 

 

Anyone have any advice on how to get confirmation?

[bobogosing]

Where are the Prescribed Terms ? Also Terms and Conditions from the time it was taken out ? as mentioned earlier.

Could it have been approved and then sent to your friend to sign and accept, thus explaining the date difference.

From others I have seen on here I would say it is what it says at the top of the page ............ Application Form

Sorry can't be much more help.

 

Pete.

 

 

Hi Pete and all

 

My friend said it was such a long time she can't remember was it approved then send to her to sign.

She said when she requested the cca thats all amex/rma send back and this letter attached

[TheChancellor]

Nice application form lol.

 

A Priority one at that.

 

Is there anything on the reverse.

[odds]

I just nicked this off 42man from amother thread, you could use this to get you started.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/163432-natwest-created-cca-my.html#post1755058

 

 

Pete.

[bobogosing]

Nice application form lol.

 

A Priority one at that.

 

Is there anything on the reverse.

 

Hi TC

 

Nope, just that!

[bobogosing]

I just nicked this off 42man from amother thread, you could use this to get you started.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/163432-natwest-created-cca-my.html#post1755058

 

 

Pete.

 

 

Thanks Pete, will send off in the morning:D x

[bobogosing]

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

You had until (date here) what's the correct date to put down when I m sending it off on 10/10/08? to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute . Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

Please note you may also consider this letter 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 including any defaults. 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 fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

 

 

 

[bobogosing]

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

You had until (date here) what's the correct date to put down when I m sending it off on 10/10/08? to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute . Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

 

Please note you may also consider this letter 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 including any defaults. 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 fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

 

 

 

 

 

 

would 4th November 2008 be ok? giving it 21 days + 2 days for recorded delivery.

 

Any advice please?

[odds]

That is the date that they should have provided the first cca for you, 12+2 days from when you originally sent the letter.

 

Pete.

[bobogosing]

That is the date that they should have provided the first cca for you, 12+2 days from when you originally sent the letter.

 

Pete.

 

Oh .............I see what you mean, another thing I have learned.

 

Thanks:D

[TheChancellor]

Hi TC

 

Nope, just that!

 

The reason I ask is that it seems to say under SIGN TODAY

 

"Personal Information- Before signing this application it is important that you read the paragraphs set out overleaf" or similar?

 

Straining my eyes lol.What does it say?

[bobogosing]

The reason I ask is that it seems to say under SIGN TODAY

 

"Personal Information- Before signing this application it is important that you read the paragraphs set out overleaf" or similar?

 

Straining my eyes lol.What does it say?

 

Morning TC and all

 

Your right! That's exactly what you read.

So I suppose they will have the otherside to this since they have the front side with my signature on it.

[2Grumpy]

That's a big assumption to make.

 

Ask for the copy of the other side. They may have scanned the agreement and lost the original.

[TheChancellor]

That's a big assumption to make.

 

Ask for the copy of the other side. They may have scanned the agreement and lost the original.

 

...and if it was there & added anything in their favour I'm sure they would have sent it.Shouldn't worry too much - they couldn't have written Application in much bigger letters.

[TheChancellor]

 

Also can someone tell me, the application was signed on 27/7/99 and on the top of the form it was approved on 7/6/99. should that be right?

 

Can't work that one out.They approved it nearly 7 weeks before she signed it.It's the official office stamp as well, not just hand written.

It's not as if there is lots of info for them to check & then send back to her.

 

I can't believe that they would process an unsigned application.:-?