Is My Agreement Enforceable - Useful

[Von Greenbach]

Hi

 

Would someone be willing to give advice on my CCA, if so, how do I post it on here? I have it saved to my desktop but no idea how I post it up here.

 

Thank you.

[Chalkitup]

Hi

 

Would someone be willing to give advice on my CCA, if so, how do I post it on here? I have it saved to my desktop but no idea how I post it up here.

 

Thank you.

 

 

Hello,

 

Best to post it on your own thread .... or start a new thread.

 

I use photobucket ...... have a look here ....

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Post 15 will help you ......... then post it up and you will receive all the help you require.

 

Onwards and Upwards

 

Chalkitup

[skegleg]

received this reply from littlewoods catalogue re cca that i was advised was missing prescribed terms any advice would help please

 

I can confirm that the signed credit agreement we sent is valid within the regulations set out in the consumer credit act 1974 and this agreement is enforceable in a court of law.

 

Regarding the suggestion that the 2005 agreement does not contain relevent prescribed terms,we believe that the agreement does comply with the consumer credit agreements regulations 1983 that applied at the time the agreement was singed by you.

It is accepted that the agreement does not comply with the subsequent amendments to the regualations that came into force on 31/05/2005 and are thereffore not relevant.

In relation to there being no rate of interest information, APR information or total charge for credit on you credit agreement.

I must advise you that Littlewoods All Inclusive is not an interest bearing account and your credit agreement will not advise you of the interest charges or the APR as this is not valid to your account.

However, if you were to order items over extended terms which would mean interest would apply, you will be supplied with a seperate agreement for this item which would advise you of interest charges that had been applied to your account as a result of having an item over extended terms.

[The GodMother]

and there point is.

[foolishgirl]

and there point is....

 

...that you will accept their load of waffle, be utterly confused & drop your case!

 

Not in the CAG world eh, skegleg?

 

Perhaps if you start your own thread, post up the agreement they sent (without personal details), CAGers will be able to help with a suitable response.

Edited November 21, 2008 by foolishgirl
addition

[Von Greenbach]

May I clarify please?

 

When requesting a CCA is the time scale still 12 + 2 + 30?

[foolishgirl]

No, just the 12+2 days, Von Greenbach, the 30 days is no longer applicable.

[Von Greenbach]

I had a feeling the +30 days had ceased, but just wanted to be certain thank you.

[skegleg]

...that you will accept their load of waffle, be utterly confused & drop your case!

 

Not in the CAG world eh, skegleg?

 

Perhaps if you start your own thread, post up the agreement they sent (without personal details), CAGers will be able to help with a suitable response.

 

Hi foolishgirl,

thanks for the response, started my thread a few months ago

it is here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/145724-littlewoods-cca-help-please.html

any help appreciated

[jobymartin]

hi i am new to this forum and would like help with my

debts i have 8 that i have been told are unenforceable by

a company that would like to act on my behalf but i would like to

do this my self and help this forum the companies involved are

 

aliance & leciester

halifax

lloyds

rbs

NatWest

2 of these are with dca how do i start the ball rolling do i send

a letter with £1 enclosed asking for a original cca signed by myself

and wait for a reply if so how long do i give them to reply

 

thanks

[citizenB]

hi i am new to this forum and would like help with my

debts i have 8 that i have been told are unenforceable by

a company that would like to act on my behalf but i would like to

do this my self and help this forum the companies involved are

 

aliance & leciester

halifax

lloyds

rbs

NatWest

2 of these are with dca how do i start the ball rolling do i send

a letter with £1 enclosed asking for a original cca signed by myself

and wait for a reply if so how long do i give them to reply

 

thanks

 

Yes, send each DCA / Creditor a CCA request enclosing a £1.00 postal order. Do NOT sign the letter, either just type in your name or use a computer generated signature or handwriting font. The Creditor/DCA are legally obliged to respond to your request within 12 WORKING days. Once you start receiving them, start your own thread and post the documents there for people to check over for you.

[jobymartin]

hi

do i stop paying the debts untill i get a reply back from my creditors

if they do not reply in the 12 days allowed is it a case of just waiting

 

thanks

[cleo4patra]

Hi Jobymartin- I,m fairly new as well. Just don't panic as there is a massive amount of info on this site and people who are in the same boat. I will just say make sure you send them recorded delivery and keep the prrof of posting- good luck - cleo

[Muffintop]

What then after the 12 days? is that 12 working days or minus weekends? how can you get your thread looked at regularly please?

[foolishgirl]

Welcome Joby & Cleo, skeggs too - some food for thought here:

 

1. The 12 days is working days, the +2 is to allow for posting time, so count it up then you can get cracking on them

 

2. In order to stop making payments, you have to put the account in dispute. This means sending them a letter along the lines below after the 12+2 days are up

 

3. When you post up your first thread, make sure you post in the correct forum for your query - see the front page of the forums. It is also shown as a new post & can be found by anyone looking to help others by clicking on the 'New Posts' tab in the user toolbar. So don't worry, lots of CAGers will see your posts & once they have looked in, they can chose to respond or subscribe so they get regular notification when a new item is posted on your thread. You don't have to shout it from the houses

 

Sample letter template for sending to DCA/OC after 12+2 days

 

Dear Sirs

 

I refer to my letter dated xxxx that was delivered via Recorded Delivery to your offices, received by you on xxxx, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79) and a true signed copy of the Deed of Assignment.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed & I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement 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 therefore the following applies:

 

• You must not demand any payment on this account, nor am I obliged to offer any payment to you.
  
• You must not add any further interest or charges to this account.
  
• You must not pass this account to any third party.
  
• You must not register any information in respect of this account with any of the credit reference agencies.
  
• You must not issue a default notice on this account
  

 

 

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

 

YF

 

Send all corresp. Rec Del, do not sign - print or use dig. signature (to avoid the unscrupulous copying & pasting to another doc!), send POs rather than cheques (for the same reason)

Edited November 23, 2008 by foolishgirl
addtion

[citizenB]

reply duplicated

Edited November 24, 2008 by citizenB

[SB100]

Hi, I've received this from MBNA and would appreciate your views as to its validity and enforceability...

 

 

 

 

 

• It clearly states Application
  
• The box on the right, towards the bottom, which reads 'Please issue me an MBNA Credit Card etc' isn't ticked.
  
• The document looks like its been reduced in size- looking at my signature (which I've blanked out) and comparing it with the 'other' signature there is a significant difference in size. Looks to me like the signature that appears on it (reads Anne Y Hogan or something?) has been put on to the printed copy (reduced size) raher than the original.
  
• There are some t&c's on the next sheet, which may have been printed on the reverse, but the document I've posted appears to be the full front page.
  

 

The scan of the second page is very much smaller than the first. Its not referred to on the first page as far as I can see.

 

Not sure if its relevant... I sent the CCA and SAR requests on the same day; the SAR came back first with just a list of transactions- nothing else.

 

The supposed CCA didn't come back until I'd sent them a dispute letter.

 

Thanks in anticipation of your help and advice - its greatly appreciated.

[SB100]

Sorry, edited as I can't be sure that it isn't my scanner thats picked up the second page- will check tomorrow as its at the office.

Edited November 24, 2008 by SB100

[SB100]

as above.

Edited November 24, 2008 by SB100

[jaystar2020]

Hi All

Good luck SB100!...

sorry about the question - did you send the SAR and CCA to a PO Box address, recorded delivery? Can you provide?

Not sure about this detail, am about to kick off against MBNA, any help appreciated. Anyone?

Ta

J2020

[foolishgirl]

SB100 - this appears to be just an applic. form - but it depends what is on the other side i.e. is page 2 the reverse of this page?

 

Jaystar: You will find all the info you need in the MBNA forum:

http://www.consumeractiongroup.co.uk/forum/mbna/

 

Both of you: You will get much more specific help if you post in the forum to which your query relates eg. Barclaycard - BC forum, MBNA - MBNA forum. You will find all links on the first page of CAG forum.

[SB100]

SB100 - this appears to be just an applic. form - but it depends what is on the other side i.e. is page 2 the reverse of this page?

 

Yep, the second scan is apparently the reverse side, although they haven't actually said this, and there is no reference to it on the front page.

 

I've already posted in the MBNA forum but I didn't get many replies, and would rather be sure of my ground before I blow my credit rating!

 

Thanks

[citizenB]

Can someone take a look a the document in the following thread please.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/170174-bank-scotland-about-default.html

[The GodMother]

well the SAR is not as request. you shold have got a list of everything

 

http://www.ico.gov.uk/upload/documents/library/data_protection/introductory/subject_access_rights.pdf

[SB100]

Thats what I thought... although I'm not sure if thats any use to me?

It would appear that they initially hoped to fob me off without going to the trouble of finding my CCA- and I'm not sure that they did that anyway!

 

Thanks for your help.