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pippin01

Finally arrived from wilderness-Un-enforceable CAs?

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Hi everybody I am a new user to CAG and not too sure how to go about Unenforceable CAs.

 

I made a feeble attemp to obtain a copy of my CA from HSBC, they sent me a copy of the CA in a microfishe format, which I was totally unable to read, even with a huge magnifying glass. Should I request a new copy from HSBC in legible form or should I start again and request a true copy of the original agreement from the DCA to whom this case has now been transferred to.

 

I am hoping to send the appropriate letters to stop the never ending harassing, rude, threatening phone calls, which make me feel like I have no rigths what so ever.

 

My HSBC & EGG c/cards have been referred to DCAs, should I send all the relevant requests to these collection companies? Are they the ones who are now supposed to be holding all the information required under Consumer Credit Act of 1974?

 

Can someone clarify the folllowing for me, I understand that there are 12-14? conditions/terms CA should satisfy. What conditions/terms must be inluded in a CA? to be enforcable in law, is this right? If so, what are these conditions? I have read some of them in your post, but for my peace of mind, please can somebody clarify this to me.

 

Also before I became a cagger and in the know how, amongst other things I had already requested for my copy of the CA from Mint back in May 09, I had enclosed the statutory £1, I received a reply letter from Mint acknowledging my letter but no copy of my CA. I did nothing as I wasn't too sure what to do, should I now send another request?

 

Sorry if this is a little confusing, I'm sure I'll get hang of it soon, thanks for all your help. I will start a new thread for each case as soon as find my way back to where I came from.

Edited by Rooster-UK

pippin ;-)

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Hi and welcome to CAG. :D

 

Firstly and this is no critiscism but could you go and edit your first post and put it into paragraphs. A lot of us go cross eyed (:eek:) when trying to read posts with no breaks.

 

Anyhoo, I would put the account into dispute as the Original Creditor (OC) has to send a legible copy. Have a look at this link to see if there are any letters that you could adapt:

 

The Consumer Forums - Debt collectors.

 

You could use this letter to help stop the calls:

 

Harassment by telephone - Consumer Wiki

 

When they do phone, log the date and time and refuse to answer the security questions.

 

I would also send the DCA that HSBC has flogged your debt to, this:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

I would say that you keep this thread for HSBC and start new ones for the others.

 

hope that helps.

 

fox


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Moving thread into the Debt Forum.


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In my previous thread I mentioned of trying to obtain my CA back in May this year from Mint, but I didn't take it any further because of not knowing how to proceed.

 

I have now looked back at the correspondence from Mint and even though I did not send my request by registered/recorded mail, Mint did reply, twice, in fact, acknowledging my letter. I had enclosed my proposal of reduced paymets and I & E form in the same letter.

 

This is how I came to realise that they had also received my request for the CA.............surprise, surprise, no CA, but wait for it, included in their correspondence a Default Notice.

 

Doesn't seem fair, THEY get all they want and little me, nothing.

 

Anyway, I have now written an 'Account in Dispute' letter and it is ready to send. I have used a template, word for word, written by Curlyben. Should I add or remove anything?

 

Thanks all for your help.


pippin ;-)

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Two threads merged.


 
 

Any advice I give is honest and in good faith.:)

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