Newbie in trouble needs advice.

[barrelly]

Got this yesterday in the post. http://i441.photobucket.com/albums/q.../CCAfromBQ.jpg

Could someone have a look at it and give me some advise on what I have to do next.

It is def my signature.

Will I have to come to an agreement with them now to pay?

What I have scanned is all I got, in my reply to my CCA request

 

Thanx again

Barrelly

[bigegg]

There is a reference to "condition 13" in that piece of paper. Did you receive any terms and conditions? They haven't fulfilled the CCA request if you don't get "all the documentation refered to in the agreement" or something like that.

[barrelly]

thanx for the reply on this thread Bigegg. I have started a new thread about the reply they sent as I thought this one was getting to big. What you see on link is all that I got in reply to my CCA.

At the top of the page it dose say pages 1 of 4, but can assure you what you see is all that was sent.

 

 

Thanx

Edited March 14, 2009 by barrelly

[heliosfa]

OK, what they have sent you may have your signature, but that doesn't mean it is enforceable

 

This type of agreement needs certain prescribed terms. For a Credit Card, they are:

"Credit limit"

Intrest Rate / APR

Timing & amount of payments

Your agreement uses "Spend Limit", NOT "Credit Limit".

It does have the APR (14.9% variable) and a normal rate of 13.970%

It does have some blurb about monthly payments

 

 

Did the signature boxe(s) have dates?

What date did you sign the agreement?

 

Even having one prescribed term missing or miss-stated causes an agreement to be unenforcceable.

 

Thanks,

H

[barrelly]

Heliosfa, thanx for the reply.

At the top of the CCA they sent it has as follows:

 

Page 1 of 4

Branch/Store No xxxx

I.D. Ref No xxxx

Intial Spend Limit xxxx

Account No xxxx

 

Yes both boxes were signed and dated. Although the Store did sign there box they NEVER put the year. I.E. 02/01/06, all they put was 02/01.

 

This was a store card for home improvements, not a credit card. Will this make a differance on the aggreement regarding the SPEND limit and CREDIT limiit.

 

The contract was signed 4 yrs ago.

 

Thanx again

Edited March 14, 2009 by barrelly
xx

[The GodMother]

No case a store card is basically the same as a credit card. The difference is that you can only use it is the store or linked stores.

 

The cca rules are still the same tho

[barrelly]

Thanx for explaining that GM.

What do you think should be my next move, and what letter do you sugest I send them in reply to there so called CCa

[The GodMother]

i would say yes bu i have not seen the cca as i cant acess the link, it wont let me for some reason.

 

If the general consencise it that there is no CCA then go with that.

[barrelly]

They have only sent me 1 of 4 pages, so that means that it is not a complete CCA. Right

 

Sorry GM if I am being thick, and I do hope I will get my head round all this jargon, sometime soon, like now

When it comes to all these T&G's things, I seem to get more confused the more I read.

 

Thanx again

[The GodMother]

ill try and look tomorrow

[barrelly]

many thanx GM.

 

Your advice is much appreciated.

 

Barrelly

[The GodMother]

still having link probs but if as you have said it should be page one of 4 and big egg says reffering to t&cs which are not present then i would say they have not complied.

[barrelly]

Could someone tell me what letter I should send Wescot in reply to the incomplete CCA.

 

http://i441.photobucket.com/albums/qq133/buddyh42/CCAfromBQ.jpg

 

 

Many thanx

Edited March 15, 2009 by barrelly

[thegolfer]

Hi. I am new. How do i post a thread. I am that stressed i dont know what to do..

 

the golfer

[buddyh]

Can't help with what to say but is there not a letter on this site somewhere that deals with this? sure I have read it soimewhere.Maybe someone with a bit more knowledge will be able to help.

 

Good Luck

[barrelly]

Sorry for keeping on posting, I am really unsure on what letter to send in reply to the CCA I received.

 

Don't I send them anything because there is 3 pages missing?

 

Do I send them another Account in Dispute letter, because they never sent a full copy of the CCA?

 

Or do I just give in because the debt is mine and they have sent me a signed copy of a CCA?

 

Please help

Edited March 15, 2009 by barrelly

[heliosfa]

Hi Barelly,

 

Sorry for not getting back to you sooner, been doing a lot of revision for a maths test!

 

I would send a polite letter asking them to send the missing pages. Are there any references to other Terms & Conditions in what they have sent? if so, they should also send you a copy of them.

 

Have they issued a Default Notice on this account? if so, can you post up a copy please?

[bigegg]

Send this:

(cereberusalert posted this, don't know if it's his work, or he was reposting)

 

Edit to suit

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8, a copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as 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.

 

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 not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

PRINT NAME (DON'T SIGN)

 

 

I like to add underneath my letters:

 

Please note that I have spent 1hr researching and composing this letter. my costs now stand at £12 including postage and printing.

If you continue to pursue this ALLEGED debt, my costs WILL increase.

 

After you've sent five or six, it really starts to add up!

[barrelly]

Your mind will be going into overtime, studying and on here helping others. You will be well awarded 1 day Heliosaf.

 

I did an online check, on the experian and there was a default put on the account the end of last year. I can not mind off every getting a default letter sent to me, and I think I would mind of that.

 

I have been sent nothing else. What I have put up the other day via photobucket is all that I was sent

 

I am very gratefull for your reply, many many thanks

[barrelly]

Thanks Bigegg, for the post. I first sent that letter to Wescot begining of March,

it was the only thing I could think of to send them, that I could relate to the bits that are missing on the CCA.

 

Thanks for the help also

[Goldlady]

Hi. I am new. How do i post a thread. I am that stressed i dont know what to do..

 

the golfer

 

If you scroll up to the top of the page and go back to the root of the forum 'debt collection industry' you will see a tab that says 'new thread' and then you can start your own. If you have trouble with it send me a PM (click on my username to contact me) and I will start one for you.

 

Sure we can help you get rid of some of that stress:)

[barrelly]

Hi everybody,

I need some help again. I received this as an answer to my CCA.

 

http://i441.photobucket.com/albums/q.../CCAfromBQ.jpg

 

After posting it up here, was still unsure in what letter to send them, so didn't send anything in responce to it.

 

This morning I received this letter from;

 

NELSON GUEST & PARTNERS SOLICITORS

 

date 2 April ref no. xxxx

 

Dear me,

Re; my debt amount xxxx

 

We are instructed by Wescot on behave of the above named client, in connection with the sum outstanding shown above.

 

Given the high value of the debt (6k) we are extremely concerned to note that no arrangements for satisfaction have been made.

 

The balance of your debt is such that we are instructed to consider the most serios forms of legal recovery, which may include if Judgment is obtained, Bankruptcy and / or seeking a warrant/attachment of earninngs.(on benefits for 2 yrs. paid off ill health)

 

Whilst Wescot is willing to consider realistic options for repayment we cannot allow this matter to remain outstanding any longer.

 

Unless payment is made to Wescot within 7 days of the date of this letter, legal proceedings for the recovery thereof may be commenced without futher notice.

 

yours them

 

Could some one help please. Please make the anwser's easy to follow, and what I shoul do now, as I am easily confused.

thanx Barrelly

[The GodMother]

send them a letter out lining your complaint in bullet points.

 

then see what they send back.