Howard Cohen pending legal action - is this CCA enforceable please? burton store card

[Bazooka Boo]

HC's letter is a threat, not how it states that they have been instructed to issue court papers for non payment, then the very next sentence states that they will rely upon your reply, or lack of, in deciding what action to pursue?

They are talking themselves in circles, one paragraph says they are taking you to court, the very next states that they haven't decided what to do?

 

Although the tone of the letter is somewhat threatening, and laughable at the same time, it does merit a response.

If you have been paying them every month then I fail to see what they intend to gain from taking you to court? As the DJ will simply look at them and say that you have been paying them a payment up till now so what do they want?

If you can't pay the lump sum in one go, then the Judge won't force you to either!

 

The CCA albeit it is an application for a CC it does contain yours and their signature, but I cannot see a credit limit or approved limit, just references to it being sent to you at a later date, also your right to cancel, which will be sent at a later date, Unless, this was applied for in store or on their premises?

 

I am in two minds as to what to send them,??????

A CPR request or a questionable agreement??

I'll wait and see if anyone else has other ideas first.......

[Bazooka Boo]

The CPR request enables you to have sight of what it is they intend to rely upon in court to use against you, have you since made good this missed payment or not?

They have threatened you with legal action and referred to the CPR protocols so that IMO is good enough to hit them with a CPR request.

 

However hang fire until others give their advice and angle of attack on this.

The CCA they have sent is dubious in parts as to the points I raised, store cards are notoriously easy to deal with, well that is what I'm lead to believe!!

[Bazooka Boo]

Yes they have to produce the original agreement in court.

Any chance you can scan and post up what they have sent you in relation to your CCA request?

It is NOT up to them to dictate to you how much to pay, it is up to YOU to TELL THEM how much youw will be paying, and if that is the token payment of £1 a month, then so be it.

[Bazooka Boo]

Yes thank you I had a good weekend, will need the rest of this week to recover!!!

The response they sent in relation to your request, was that the only paperwork they sent?

I would question the T&C's for a start, as I am confident that the T&C's in 1988 would have changed at least 2 or 3 times and therefore they should have sent you ALL alterations to the account, and again unless you signed this on their premises, there is no right to cancel, only references to it, no credit limit or approved limit, just references to it also, on that basis, I would dispute the account, unless you are in receipt of that information?

[Bazooka Boo]

Have a look at this letter template and edit to suit, http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

 

If you signed this on their premises, then the right to cancel argument won't carry any substance, you should have been informed of this in store.

 

Have a read of this post as well for further clarification to an enforceable CCA.

http://www.consumeractiongroup.co.uk/forum/showthread.php?162851-Consumer-Credit-Agreements-a-guide-to-enforceability

[Bazooka Boo]

This is what I was looking for, regarding the legibility of documents.

2 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 and of a colour which is readily

distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

http://www.johnpughschambers.co.uk/Consumer_Credit_%28Cancellation...cuments%29_Regulations_1983.pdf