Fenton Cooper/Rockwell Wriggle Tactics

[SkemDosser]

The story to date:

CCA requested Rockwell aka Fenton Cooper in November for two M&S accounts. All I got back were copies of the original application forms- one which dated back to the late 80's which was impressive record keeping but ultimately USELESS- with no prescribed terms in any shape or form etc. Wrote back, put account in dispute early December telling them their app forms were nice but worth little more than toilet paper so far as the CCA Act 74 was concerned [politely though of course lol].

 

Got this letter back from FC today. Seems a bit desparate to me- they clearly don't have access to any proper executed agreement nor do M&S Money who also sent me just the application form copies, despite them being a 'highly sophisticated financial institution,' oh dear

 

Anyway despite having a chuckle at it I'd welcome any comments from anyone out there. I can't decide whether to just ignore it or write back and tell them to bog off and never darken my letter box again- do I have the energy? Let's see... Opinions welcome!!

 

]PS sorry if this image comes out too big first time I've used photobucket and still trying to work out the sizing thing.]

 

 

[ScarletPimpernel]

Alas, it's impossible to see the image.

[SkemDosser]

grrr wil try again

[SkemDosser]

I can see this in my preview- let me know if anyone else can't see it

 

 

 

[blipvert]

Nope !

[SkemDosser]

bloomin' 'eck looked at it through another internet account and its too small not too big lol Anyway starting to understand photobucket please please I hope this works ok

 

[SkemDosser]

hallelujah many thanks to those kind enough to point out it's former invisibility:)

 

Anyway the letter looks as if it's alluding to the Rankine case and is putting the onus on me to have kept a copy of any agreement which is of course tosh. I like the bit about being willing to co-operate with the police regarding fraud I haven't seen that anywhere else myself to date although others may have.

 

Smacks a bit of desparate scrambling to develop a response to a whole new game to me- wonder how long it took a [failed] law student working the phones in Southend to come up with that one lol

 

[btw the accounts were for a chargecard and a personal reserve account- for the former I was sent one sheet of an application form with no reference to interest rate, mode of repayment, credit limit etc and for the latter, one almost illegible sheet of an application form and equally almost illegible T&C's that were on the reverse that did include interest rates but with no mention of credit limit or any wording linking the two sheets].

[blipvert]

I suppose you could just write back with:

 

Thank you for your letter dated 12/12/08 the contents of which are disputed.

 

I refer to my letter dated x/xx/xx to you in which I requested a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date have failed to comply with this request.

 

Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you, not does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974.

 

Clearly as no agreement was supplied on request, this in no way complies with the

requirements of the Consumer Credit Act 1974 in which Section 78 subsection 6 states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues,

to enforce the agreement;

Edited December 15, 2008 by blipvert
missed a bit

[SkemDosser]

Thanks for that Mozzat it's nice and short and to the point which is what I'm inclined to send at the mo- I don't think they warrant [yet] reams of considered argument pointing out their numerous shortcomings lol