cupcake68 Vs Virgin **DISCONTINUED**

[cupcake68]

Hokey Kokey!

 

Will do

 

Thanks

 

CC68

[cupcake68]

Hmm!

 

Just posted another CCA received for another account and been told it is enforceable. It's almost identical to this one!!

 

Now I'm really worried!

 

CC68

[diddydicky]

Hmm!

 

Just posted another CCA received for another account and been told it is enforceable. It's almost identical to this one!!

 

Now I'm really worried!

 

CC68

 

"almost" can be a whole new universe! where is this new cca posted?

[cupcake68]

http://www.consumeractiongroup.co.uk/forum/mbna/205714-cupcake-mbna-him.html

 

I'm totally confused (and scared!) by all this now.

 

Any help is really appreciated

 

Thanks

 

Cupcake

[diddydicky]

http://www.consumeractiongroup.co.uk/forum/mbna/205714-cupcake-mbna-him.html

 

I'm totally confused (and scared!) by all this now.

 

Any help is really appreciated

 

Thanks

 

Cupcake

 

well the creditor themselves have freely admitted that the document sent to you is "not very clear"

 

they are required by law under the cancellation notices and copy of document regulations 1983 (2) to provide "easily legible " copies

 

therefore by their own admission they are in default and can neither enforce or add charges/interest nor give information to 3rd parties

 

why don't you concentrate their minds on this little failing as until the do provide you with easily legible copies they remain in dispute

 

you could also use this as a lever by suggesting that if they have difficulty providing an easily legible copy they should arrange he original agreement to have the original agreement sent to an office near to you where you can inspect it

[cupcake68]

Thanks for looking DD

 

I think I have made a bit of a mistake in what I have learnt.

 

What is the diference between an improperly executed agreement and an unenforceable one?

 

The CCA they sent me was not terribly clear but I could just about read it so I don't know how much point there is in saying it's not clear (I'm actually surprised they even mentioned it wasn't clear!)

 

So...!

 

You are right it does say Credit Agreement not credit card agreement under the title - application form and as I said in post 43 there are a couple of other points but what I don't know is if they are enough?

 

Thanks again

 

cupcake

[diddydicky]

in a nutshell

 

 

an improperly executed agreement is one that contains a MINOR mistake or ommission which renders the agreement enforceable only by order of a court such as wrong heading, misspelt name , lack of creditors signature etc

 

However for agreements entered into before April 2007 if the creditor has failed to ensure that the prescribed terms are within the 4 corners of the signed agreement then sec7 127(3) prevents the court from being able to put the fault right or make it enforceable.

 

this rule was changed he 2006 revisions and agreements entered into after april 2007 which fall foul of these rules will be considered individually on their merits.

[diddydicky]

an application form normally is a pre contractual document, however can be considered as an agreement IF it contains the prescribed terms on the signature page and has the terms and conditions as part of the same document

[diddydicky]

Thanks for looking DD

 

I think I have made a bit of a mistake in what I have learnt.

 

What is the diference between an improperly executed agreement and an unenforceable one?

 

The CCA they sent me was not terribly clear but I could just about read it so I don't know how much point there is in saying it's not clear (I'm actually surprised they even mentioned it wasn't clear!)

 

So...!

 

You are right it does say Credit Agreement not credit card agreement under the title - application form and as I said in post 43 there are a couple of other points but what I don't know is if they are enough?

 

Thanks again

 

cupcake

 

the legistation (unlike the agreement you have ) is CRYSTAL CLEAR

 

it cannot be legigble just legible barely legible largely legible it has to be

 

EASILY LEGIBLE

[cupcake68]

SO!

 

The fact that they are admitting in their covering letter that it is "not very clear" puts them on the back foot?

 

So do I need to worry that I have sent that letter or shall I just wait to see what they do in reply?

 

Cupcake

[cupcake68]

Also!

 

The other minor things like not saying credit card agreement enough to make it improperly executed?

 

What about the mention of section 11 when there is no section 11 on the page?

 

And the other mention of the seperate t and c's - is that allowed?

 

cupcake

[diddydicky]

i would send this:-

 

 

 

 

Dear Sirs

 

Your Ref Account No XXXXXXXXXXXXXXXXX

 

Thank you for your letter of XXXX.

 

You have failed to supply a clearly legible copy of a document,

 

You have failed to provide a true copy of an executable credit card agreement

 

You therefore remain in default of your obligations of the consumer credit act s78 and requirements for cancellation notices and copies of documents regulations 1983 regulation 2

 

You may not continue to claim payments or make further charges whilst this account is in dispute.

 

Further correspondence claiming charges or threatening enforcement action will be filed without response until the outstanding breach is rectified and you have complied with the requirements of the Consumer Credit Act and responded satisfactorily to my communications detailed in paragraph one above.

 

 

Yours sincerely

[diddydicky]

forget the actual agreement at the moment ( you cant read it properly so you cant say whats wrong with it can you?

 

just concentrate their minds on supplying what they are supposed to supply

[cupcake68]

So should I send that letter now or wait to see what their response to the last letter is?

 

Cupcake

[diddydicky]

sorry my mistkae forgot we already sent one didnt we

 

fine forget this one then the other one says the same thing

 

 

they REMAIN in default until they provide legible documents- if they cant copy the agreement to give you easily legible copies that is just tough tittie- there is unfortunately (for them) no provision in the act to say that if they cant provide easily legible copies then they don't have to bother!

 

good ere innit!

[cupcake68]

I hope so!

 

I was in a bit of a tiswas last night about all this! Thought I'd got it all wrong and just made matters worse for myself!

 

Thanks for the advice

 

cupcake

[cupcake68]

Hi

 

I have received this today from Optima

 

http://s683.photobucket.com/albums/vv199/cupcake62/EC%20Virgin/ME%20VIRGIN%20OPTIMA%20LETTER%20REC%20150709/

 

It has a income and expenditure form on the back.

 

Should I reply?

 

Thanks

 

Cupcake

Edited July 15, 2009 by cupcake68

[cerberusalert]

Remove the link you've left your details in.

[cerberusalert]

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

[diddydicky]

complete load of "may" and "likely"

[cupcake68]

Thanks guys!

 

I am crap at this!!

 

I have removed my details and will send them suggested letter tomorrow when I am not so tired (!!)

 

Cupcake

[cupcake68]

Hi guys!

 

I have received a DN from MBNA.

 

Am I in trouble?

 

Cupcake

Edited November 12, 2009 by cupcake68

[supasnooper]

Go and have a look at the envelope........and scan up if possible.

 

Or describe it. e.g. UKMail, S for a postmark.

 

Or is it a franked 1st class Royal Mail ?

[cupcake68]

Hi SS

 

 

Do you want me to scan the envelope or the DN?

[cupcake68]

The envelope has UKMAIL S on the envelope

 

cupcake