cabot/m/stanley cca,,recived this,please help

[scott12345]

hi all.

recieved what crabot says is thecca aggrement,

sadly i dont have scanner but ill try explain,

al is photocopied and small priny illegible.it head saying credit aggrement regulated by cca1974,goes on to say this is an aggrement between m/s and me then it has box1 yr name..2tell us bout urself3tell us bout ur job 4 totally blanked out 5 how would you like ur name on card 6tell us bout ur finances,7any additional card holdes.8please choice statement opption.9 protect ur paymrnts 10 protect ur cards AND11 PLEASE SIGN IN RETURN IN ENVELOPE,,YOUR APPLICATION MUST BE RECIEVED BY 1/11/2000

I SIGNED IT AND DATED IT ON OTHER SIDE IT SAYS SMALL BOX UR RIGHT TO CANCEL,,THEN UNDERNEATH THERE A SIGNITURE,BUT DOESNT SAY WHO IT IS OR ANY DATE,THEN BELOW ALL THIS THERES A 3.9%INTODUTORY OFFR saying take advantage of this by1/11/2000,then a block to put other cards details to transfer

they sent perfect terms seperate,totally ledgeble but that states balance transfer rate 12.3%

sorry to have put like this but i think surly this is a make up or perhaps attemped stich up any views pleaseG

[clemma]

Sounds like they have sent an application form with their new terms and conditions attached (which means nothing.....). You can send them the following letter and put this in dispute as an application form is NOT a valid CCA

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

RE: Agreement/Account number

 

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

 

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

 

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement 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 therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

Yours faithfully

[volvo]

Hi

 

Listen to Clemma

 

Sounds good advice so far.

 

Good Luck

 

VOLVO

[scott12345]

thank you,

i to felt this was an appliction form

should the credit aggrement have the credit limit as this says nothing about it,except in pen written along edge it says ac no and credit limit .

also surly the acctual aggrement wouldnt have a balance transfer box

[clemma]

It should state credit limit, APR and payment schedules/amounts - without all of these, the "agreement" is unenforceable - have a read through this:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

[diddydicky]

It should state credit limit, APR and payment schedules/amounts - without all of these, the "agreement" is unenforceable - have a read through this:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

also include reference to the cancellation notices and copy of documents regulations 1983(2) and point out that they also fail to comply inthat they are required to provide "easily legible documents"

 

i would also add the term ( as far as i can ascertain) in the other text to emphasise the point that they are illegible

[Debtcontrol]

Hey, I have the same lender/cra currently awaiting cca. Hopefully you will get some sound advice from the good guys on here

 

Best of luck