Update to previous thread - HFO and Pre-litigation contact.

[BRIGADIER2JCS]

I've seen illegible documents but that really wins 1st prize!!!!

[harrassed senior]

I already sent the in dispute letter when the 14 days were up. The thing that interest me is that according to that Application form they have me applying for both a Barclaycard and a Mastercard, so there is no way that it can be accepted as a CCA Agreement for one debt is there? I believe some time ago there was a template for when an unacceptable Application Form was sent, but I can also remember someone saying that Application Forms are acceptable now, but surely they still have to be legible, and contain Terms and Conditions?

[cerberusalert]

http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

[harrassed senior]

Thanks Cerb.

[coledog]

Just make it very clear that the 'application form' is not an acceptable response to your CCA request and you consider this account to still be in dispute.

[harrassed senior]

Further up date

 

Received another copy of the wonderfully readable - not - Application form today with a letter stating

 

Please be advised this is an executable agreement that has been provided to us directly from Barclaycard. We are currently requesting the terms and conditions that relate to this account which will be forward to you once they have been received. If you have any issues with the authenticity or legibility of the agreement, please take this us (THEIR TYPO) with Barclaycard directly.

 

So, they are trying to wriggle out of their responsibilites as a purchaser of a debt! So I would assume that this too can be reported?

 

Your thoughts please.

[DonkeyB]

Executable? WTF?

 

You said it all.

[coledog]

Definitely report this, what a load of twaddle, it is nothing to do with Barclaycard - there is no enforceable and legible agreement! James Waldron at OFT

[Jasper1965]

Executable? WTF?

 

You said it all.

 

 

Exactly are they now admitting it is unexecuted?

[coledog]

Anyway you can scan and post that letter! Public humiliation springs to mind

[harrassed senior]

Will do, back in a few minutes.

[harrassed senior]

[sillygirl1]

I bet that fax number would be re-routed somewhere, as would the phone. Any guesses where (HFO India?)

 

Another complaint, communicating in a misleading manner. The application form is not an executable agreement

 

I could fill out an application form to become a nurse but that would not mean I AM a nurse.

[coledog]

Twaddle

[sillygirl1]

What - me or HFO? Hopefully HFO!

[coledog]

Not you SG - still twaddle

[Undercover-Elsa]

An executable agreement????

 

Ahh...that would be an agreement.exe

 

whatever you do don't click on it...

[coledog]

HS I am sure that you know how to respond to crap agreements. This is the letter I have been using

 

 

Thank you for letter dated xx

 

In my letter of xxx I made a request for a copy of the executed credit agreement for the above mentioned account under the Consumer Credit Act 1974 section 78. The document provided does not comply with the requirements of section 78 because

 

1 The document is not easily legible as required by Regulation 2 Consumer

Credit Cancellation Notices and Copies of Documents Regulations 1983

 

2 No copy of current Terms was received

 

3 No statement of account was received.

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing an personal data relating to me on this matter.