Help Is this what an enforceable Creit agreement looks Like?

[sonny_j]

After sending a CCA request letter many months ago halifax defaulted and an "account in dispute letter was sent", it was later passed on to a DC. The last letter i sent requested them to hand this back to halifax. I didn't hear anything for 4 weeks or so but now I've received this>

 

http://i567.photobucket.com/albums/s..._pro/bo_3a.jpg

http://i567.photobucket.com/albums/s..._pro/bo_2a.jpg

 

I think it's enforceable, anyone have an opinion? It's a poor photo copy with my credit card number written on the top. It came with a compliments slip with a sarcastic "Thanks" but no letter and no name of the sender.

 

Thank you everyone!

Edited October 16, 2009 by sonny_j

[sonny_j]

Edited August 1, 2009 by sonny_j

[IdaInFife]

sorry but can't read it, if you can does it have:

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit

 

ida x

[Pinky69]

It is a copy of a microfiche and is unenforceable because it is illegible. It would never be accepted in court because no one could read it. Tell them the account remains in dispute until you receive a legible copy of the alleged credit agreement.

 

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible “

 

[sonny_j]

Hi, thanks for you reply.

 

It is illegible in places especially the figures for the interest rates. Maybe a bad photocopy but looks like there's ink on it. Anyway, I can make out that it includes details of monthly payments at the beginning of each month. It has a box with the interest rates and a statement detailing the interest but the figures are quite faded. There is an initial credit limit but this was increased later.

 

There is a front page which is the application and a statement about the data protection act and a declaration {which states "I confirm that I have received a copy of and agree to be bound by the credit card conditions"}. This part is completely unsigned, but I'm guessing they have the signature on the part that matters?

[Pinky69]

As I said it is illegible and therefore unenforceable - that's a complete defence in itself. There is no way they would ever produce this in court.

[sonny_j]

Firstly, may I thanks everyone for their previous replies. Everything went quiet until recently.

 

Just a quick update. I received a letter from RW (DCA) apologising for the delay in investigating my despute. They then got in touch saying my account had been closed. They are now threatening to send a collector round, and if i dont want this to happen email or telephone them. I've ignored this so far but now about 5 days later I received an account statement from halifax complete with a payment slip. It also states "You have failed to make minimum payment" (which is the full amount) and "you have broken your credit agreement". After they served 2 default notices months ago for 1 CC, I am sure they cancelled my agreement saying that the full balance is now due. I will have to double check. I am a bit lost as to what will happen next and what reply should I send. My main concern is that they are now sending me statements again and hope they will not start to add charges and interest again.

[Huff&Puff]

Ignore them. You sent an "in dispute" letter, and they haven't sent a legible agreement, so it's still in dispute. Don't worry about their silly threats of sending someone round, it's all hot air. In the unlikely event that someone does call, just tell them to bog off, as politely, or otherwise, as you like.

[sonny_j]

Thanks for that. It's now been passed to someone called IQU0R? Do you think it's just being passed round like a hot potato? Has anyone had dealings with them?

[Huff&Puff]

That's what they do, pass them around amongst themselves. If IQUOR start bothering you, send them the "bemused" letter, as they are not allowed to pass on a debt that is in dispute.

[sonny_j]

Thanks for the previous replies. I hadn't heard anything for several weeks. Iqor have passed in on to a solicitor JPB, stating "Iqor are likely to take court action if they don't receive the full amount in 10 days".

 

The letter is from Preston but that solicitor doesn't seem to have offices there. Do they use their letter headed paper? The letter asks to contact iqor direct and not to contact JPB (jeffery parker bourn)

[Pinky69]

Typical response - they are "likely" to take action - they know they cannot. Threatening court action where there is no possibility of it happening is against OFT guidelines and another DCA is being monitored for those shoddy tactics. I would just continue to ignore them.

[sonny_j]

Hi, yeah i ignored them and then got a letter direct from the solicitor JPK. "Legal Action Pending", with all the court costs laid out on the page. It say they may take me to court in 7 days, which is Christmas eve.

[Huff&Puff]

Just carry on ignoring. If they are stupid enough to try and take court action you have an absolute defence in that the alleged debt is in dispute, apart from anything else, like the agreement being unenforceable.

[spartathisis]

According to a joker from Cabot, it doesn't matter whether the copy they send is illegible as it legible was when i signed it!!!

[sonny_j]

Hi, thanks again. I sent Iquor an In dispute letter from the template library (sent recorded). I sent one to the previous DCA Robson Way back in July, who closed their files but they then passed it onto Iquor who I'm now having to deal with. Many thanks for your help, I will let you know their response.

[Huff&Puff]

You only need to send one "in dispute" letter. If they continue to chase you after that, or play pass the parcel with the alleged debt, report them to Trading Standards and the OFT.

[jon888999]

In my experience Iqor give in pretty quickly, expecially when you contact the OFT, I send my letters by email and CC them to the OFT.

With both my dealings with them, as soon as they knew that I had contacted the OFT Iqor wrote a grovelly letter saying they were returning my accounts to the OC etc etc.

Take Care

Jon

[teaboy2]

Heres the email address and contact details for iqor's vice president

 

Nataly Hollinworth

Head of Compliance,Vice President

iQor Recovery Services Ltd

iQor House

33/34 Winckley Square

Preston

United Kingdom

PR1 3EL

[email protected]

 

 

 

simply email her your complaint and state reference/account number and complience is required to prevent possible legal action. or write her a letter which ever you prefer.

 

Then go on to write an email or letter stating everything that has happen, what laws they are in breach of etc and that you request they send you a copy of the company complaints procedure within 14 days and that they have 8 weeks in which to investigate and resolve your compliants to a lever in which you are satisfied with. Keep it to the point and document everything that was said by phone and by letter with the dates, names etc and state all laws they are in breach off etc and any case laws if needed. keep it detailed but simple to read and to the point.

 

Thats what i did when iqor starting pursuing me, pestering me for paypal balance of 12 quid lol which was a result of paypal funding payment that had not been authorised. i also charged them 25 quid admin fee for each phone call they made me and for each letter they sent me giving them 14 days to pay and late fee of 10 pounds per week after they failed to pay within the 14 days. so now the invoice is up to about 250 quid. Havent heard a word from them since or from anyone else either.

[sonny_j]

Thanks again for the advice everyone gave. I didn't hear anything after I sent my in dispute letter but they have now passed it onto Moocroft's Pre Court division!? I received a second letter from them today and it's bright yellow with comic sans font. So if anyone on here gets a bright yellow envelope you know you it's from!

 

What are these people like to deal with? Is another dispute letter necessary?

[Huff&Puff]

Moorcoft and their pathetic Pre-School Division are to be pitied rather than feared

 

As the alleged debt has been passed on whilst in dispute, you should now report them to Trading Standards and the OFT. That usually makes them go away. You definitely do not need to send another dispute letter, and I would just ignore the morons.

[sonny_j]

HI, just a quick update, it's now been passed onto Wescot and their solicitor. Sorry i didn't report the last lot to the OFT as it went quiet for about 9 weeks, but I was wondering how to go about reporting them, is there a template letter I can use or a from to fill out? sorry to sound like such a novice.

[sonny_j]

HI, this has been passed on twice now and i'm getting frequent letters from some called Credit security limited. Anyone had to deal with these people?

[twoman]

MOORCROFT PRE-SCHOOL DIVISION !:lol::lol: says it all really!

WETCLOTHS :lol::lol:

 

CREDIT SECURITY :lol::lol:

 

If they were football teams they would all be relegated to the championship in this order!lol

Edited September 17, 2010 by twoman
update

[sonny_j]

Hi, This has been passed to i_qor again who have passed it to a solicitor called Geffrery parker bourne, who claim they are ("may be")taking me to court in 7 days. The last time the letters were not from the solicitors office but this one is. I beleive that they do go through the small claims court from what I have read, is this always the case?? I think I should send them an in dispute letter but not sure how to word or include the legal stuff about the legibility of the documents they sent.

 

I'd be grateful for any help here. thank you again!

Edited September 24, 2011 by sonny_j
typo