CCA reply is this enforceable

[havinastella]

Totally unenforceable as no prescribed terms, seperate terms and conditions not within the four corners of the agreement or referred to.

 

Guts is right in the fact that they HAVE complied with your request, but the agreement is unenforceable and they would have to obtain a Court Order to enforce it.

 

You may want to have a look at this thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

 

Jogs

[havinastella]

Hi havinastella

 

Does this means, if I don't start making payment they will take me to court and win and can make it enforceable.

 

They may well take you to court and they may win, it all depends on the Judge at the time.

 

Unfortunately, some Judges do not know consumer law and make silly mistakes. How much (roughly) do you owe on the card?

 

Are then any unfair charges you can reclaim?

 

You could try and send them something like this

 

Dear Sir/Madam

Re: Account number: xxxxxxxxxxxxxxxx

 

ACCOUNT IN DISPUTE

 

Thank you for sending me what you have confirmed to be a true copy of the credit agreement that exist in relation to this account. As you have sent this document in response to my requests under Section 78 (1) of the Consumer Credit Act 1974, then this statement by you is now binding on you as per section 172 of the Act.

 

The document that you have supplied does not constitute a legally binding regulated agreement between us and is in breach of Section 61 of the Consumer Credit Act 1974 and is therefore unenforceable by virtue of Section 127 of the act.I am aware that Section 127 was repealed in the Consumer Credit Act 2006 but this is not retrospective and applies only to agreements signed after 6th April 2007.

 

I do not and will not acknowledge this alleged debt. Furthermore, I dispute the legality of the debt until such a time as you can produce a satisfactory consumer credit agreement.

 

Furthermore, you are advised that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a properly executed credit agreement is a very clear dispute and therefore the following applies:

 

• You may not demand any payment on this account, nor am I obliged to offer any payment to you.
  
• You may not add any further interest or charges to this account.
  
• You may not pass this account to any third party.
  
• You may not register any information in respect of this account with any of the credit reference agencies.
  
• You may not issue a default notice related to this account.
  

I also requested that you remove any default registered with any credit reference agencies against this account as you are not permitted to default a disputed account. I further request that you confirm to me in writing that you have complied with my request. Failure do so may result in legal proceedings being taken against you to enforce the removal of this default and at such time you will need to explain why you have issued a default on an account that is not regulated under the consumer credit act.

 

The Data Protection Act

 

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 you are advised that you are not entitled to refer this account to any third party and this includes but is not limited to any debt collection agency and credit reference agency.

 

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.

 

I look forward to your reply regarding this matter.

 

Yours faithfully

Print name don’t sign

 

 

It'll alert them that you know what you are on about.

 

Jogs