urgent is the cca enforceable

[alen27]

this is the cca cabot sent me of a sigined application dated 2001 with a separate unreadable copies of t&c

Edited November 18, 2009 by alen27

[debt4get]

looks like a barclay card application form only though difficult to read, probably not enforceable..is this the state of the copy they sent you? cos if it is its crap an agreement must be readable

[alen27]

looks like a barclay card application form only though difficult to read, probably not enforceable..is this the state of the copy they sent you? cos if it is its crap an agreement must be readable

 

yes that how it look

[Pinky69]

It is an application form taken from a microfiche and wouldn't get through a court door - it is totally illegible. At the moment Cabot are pursuing everything because they have just posted a £6 million loss. Send the Account in Dispute letter, adding this:

 

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 “

 

Here is the Account in Dispute letter - send it to their complaints department or they will just ignore it:

 

Account In Dispute

 

Dear Sir/Madam

 

Thank you for your letter of 02/10/08, 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 (12+2 working days AFTER the CCA request was sent)

 

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

 

 

[alen27]

the request for the cca was made in dec 2008 the send me these copies along with statment unreadable T&C n oct 2009 my sig appear to be on the application with the date I wrote to them requesting them to re send me clear readable copies they failed do so

[debt4get]

send the above letter and to hell with em, what you have received is not worth the paper its written on

[angry cat]

Please note that, both Cabot and Link Financial are using the McGuffick judgement!

 

by Mrs J Pearcey; Link Financial:

 

"...we draw your attention to the RBS Consumer Credit Act test case Mc Guffick V RBS, which was recently referred to the high court. The findings of the case were that enforceability does not mean that the rights of the parties under a credit agreement were never acquired or extinguished. Rights under the agreement continue. It also decided that reporting to the credit reference agencies or passing information about credit agreements or the conduct of the account does not 'come anywhere near amounting to enforcement'. Therefore the court held that there was no basis to prevent referral of information under the Data Protection Act 1998. It also held that passing on personal data in respect of a credit agreement, demanding payment, issuing a default notice, threatening legal action and bringing legal proceedings does not contsitute enforcement."

 

Always best to keep one step ahead of them...

 

AC

Edited November 15, 2009 by angry cat
error

[Pinky69]

Passing on personal data would require proof that you gave the original creditor your permission to do so by signing an application which had the Terms and Conditions outlining they could do so irrespective of enforceability. There is no evidence that that was done on an illegible application form.

[alen27]

lol

Edited November 16, 2009 by alen27

[angry cat]

Okay, they are banging on about reg 3 again (cancellation notices and copies of docs. Regs);

won't wash due to reg 7!

 

Cabot state that the application form would have been legible when you signed it (how do they know?).

 

Unfortunately, it is not legible, now.

 

The, you gave your consent to processing;

hmmm, how much longer will they be able to bang that drum?

[angry cat]

Passing on personal data would require proof that you gave the original creditor your permission to do so by signing an application which had the Terms and Conditions outlining they could do so irrespective of enforceability. There is no evidence that that was done on an illegible application form.

 

Quite so Pinky!

 

However, devious firms such as cabot and Link are using McGuffick as their get out of jail quick card...

[alen27]

now shall I reply to there letter are send them subject access request instead

[angry cat]

You should do both!

 

Send the letter as advised by Pinky and make a SAR to the OC

[alen27]

You should do both!

 

Send the letter as advised by Pinky and make a SAR to the OC

 

ok thanks do you no the correct address for barclay to send the sar to

[angry cat]

The Data Controller

Barclays Bank PLC

ONE CHURCHILL PLACE

LONDON

E14 5HP

[vjohn82]

I might also add that it has "Application" splashed all over it...

 

s.59 of the Consumer Credit Act 1974

 

59.—(1) An agreement is void if, and to the extent that, it purports to bind a person to

enter as debtor or hirer into a prospective regulated agreement.