UUN Vs bcw

[Curlyben]

It means that they have sent you an unenforceable application form, allegedly and they are trying to baffle you with words.

 

Can you scan and post ?

[unique user name]

yes it will be tomorrow though, there is no address, DOB,signature or date on it.

[Curlyben]

Does it contain the prescribed terms as without which it would make toilet paper

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[unique user name]

Oh well that's another dca to go on the list then, isnt it, and what do I do regarding this wonderful statement natwest has sent.

[phill123]

hi unique i have received the same crxp from them a blank agreement with no prescribed term they kep going thayt they will go for a CCJ but i am still waiting for the CCA to arrived after 6 month .. .

 

"..RBS Group CMS Telford, Kendal Court, Ironmasters Way Telford TF2 8RT

Yours sincerely,," i recignized this adress is it not Green And Co solicitors?

[unique user name]

Well Hello I have communication.

Bryan Carter Solicitors

We are instructed in relation to recovery of the aforesaid debt.

We draw to your attention that payment must be made in full within the next seven days failing which we have instructions to issue proceedings for recovery of the same without further notice to you. Should proceedings be issued we draw to your attention that additional charges will be added to the existing balance.

If you dispute liability for this debt please state your reasons in writing and supply us with documents in support of your defence to any claim. IF you fail to notify us of any potential dispute prrior to issue of proceedings and you subsequently file adefenc to any claim we reserve the right to show this letter to the District Judge or Sheriff. To prevent further action ebing taken please telephone Fredrickson Blah Blah within the next 7 days with your payment proposal.

 

Any Advice

[Curlyben]

CCA the sods as BC can bring unlawful court action which is a pain in the bottom.

[unique user name]

who bryan carter sol or fredericks

[Curlyben]

BC.

Fred's are easy enough to deal with.

[unique user name]

ok will send cca to bc mon, cheers mate

[babybear39]

...

[unique user name]

got another letter from fredericksons today, it goes like this.

 

despite a recent letter from our solicitors bryan carter & co you have failed to discharge your debt with our client Nat West. we are prepared to offer you one final opportunity to pay before instructing our solicitors to issue a claim at address.....

at this late stage and as a gesture of good will we are prepared to accept a full and final settlement, within 48 hours of receipt of this letter,

got it today, date on letter 16th.

[babybear39]

Sounds like they don't have/can't get your CCA...Oops

[unique user name]

well the plot thickens, i only managed to send tha cca off on 19th april, i sent one to frederickson, and to bryan clarke solicitors (different addresses although 1 was a po box) and guess what? same signature!!!!

Had a letter today from bryan clarke solicitors threatening legal action on 8th may, will type up the love letter later when i have got the little ones in bed

[unique user name]

the letter goes

FINAL NOTICE

you have failed to repay this debt, which is seriously overdue

COURT PROCEEDINGS WILL BE ISSUED ON 07 MAY 2008 WITHOUT FURTHER NOTICE TO YOU IF PAYMENT IS NOT RECEIVED AT OUR OFFICE BEFORE THE ABOVE MENTIONED DATE.

normal blurb of how to make a payment, and in some instances they accept credit card!!!!

A judgement order may prevent you from gaining credit in the future and will remain on the Register of Judgement debt for a period of 6 years

at the bottom of the letter in the right hand corner in small letters it says pre-sue

[babybear39]

Quote OFT giudlines to them:

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

 

They know this anyway but should be reminded 'cos they're a bunch of numpties

[unique user name]

but help me, how do i put it in a letter from start to finish, these guys know what they are talking about, and i am running out of time

[babybear39]

Try this on them:

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, 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 the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

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 faithfully

 

Amend to suit adding the OFT guidlines bit, send special delivery, do not sign it and keep copies of everything.

 

Good luck and best wishes.

Yours faithfully

[unique user name]

thanks babybear, i sent the letter out, but obviousally they ignored the cca request, what if they ignored the account in dispute letter, and i have not heard anything, today was the day they were supposed to apply for ccj, how do i stand, if court papers appear, even though i have sent them a cca, they signed for it, but ignored it.

[rory32]

what if they ignored the account in dispute letter, and i have not heard anything, today was the day they were supposed to apply for ccj, how do i stand, if court papers appear,

Then you will defend the claim in full, but we'll cross that bridge when we come to it. Often the threat of court action is a bluff.

[babybear39]

Did you send the most recent letter special delivery and have you checked on the royal mail website that they've recieved it?

[Hopeful1]

Hi UNN

 

As soon as the deadlines are up for the CCA request, get your complaints off to TS etc. This lets them know you mean business. My experiences have taught me that it saves far more hassle in the long run to be pro-active.