Is My Agreement Enforceable - Useful

[Guest malissa7999]

BTW, as ukaviator says, if this all they sent it's completely unenforceable.

 

How long is it since you sent for the CCA? More than 12+2 days? More than 30 days?

 

IMO it's probable that they won't have an agreement anyway but you need to wait the statutory time to give them the chance to produce one before considering your options.

 

hello,

i sent my 1st request on the 2nd august,..and that was what they sent me,...there covering letter says should i require further assistance to call them..., so i dont think they will send me anything else,...i did call them and i was told that they will issue me a default if i continue to miss payments,..(even though they already closed my account on the 23rd july, without warning or default??..account was always paid ontime,they closed it cos i was owing £53 on the solo card account)..... he also told me that normal collection procudures apply, so assuming they are still going to add on interest,??.. he even told me that despite the fact i had removed my permission to process data to referances agancies, they will still continue to do so, as it is there procudure!!...they are so shocking!

 

do you think i should write to them again, telling them that what they have sent me isnt what i asked for, and that the original timeframe still stands?... or should i just leave it?...my concern is that if i dont write to them telling them that the account is in dispute they will give me a default by the time the 30 days r up.

Edited August 16, 2008 by malissa7999

[foolishgirl]

Malissa - think perhaps you should start new thread for this in HSBC forum as it looks as though it's going to go on for a bit...

 

In the meantime, IMO a letter to HSBC stating

(1) that their docs. do not fulfil the requirements of the CCA1974 for an enforceable agreement (you sound as though you know the content template)

(2) account in dispute, therefore no payments, no interest, no defaults etc.

(3) no telephone calls, all communication to be put in writing etc.

 

If you have problem finding the 'template' for the above, please post back & I'll help.

 

Note - the likelihood is that they will prob. default you anyway despite the above. Also do NOT phone them or speak to them on the phone.

[Guest malissa7999]

Malissa - think perhaps you should start new thread for this in HSBC forum as it looks as though it's going to go on for a bit...

 

In the meantime, IMO a letter to HSBC stating

(1) that their docs. do not fulfil the requirements of the CCA1974 for an enforceable agreement (you sound as though you know the content template)

(2) account in dispute, therefore no payments, no interest, no defaults etc.

(3) no telephone calls, all communication to be put in writing etc.

 

If you have problem finding the 'template' for the above, please post back & I'll help.

 

Note - the likelihood is that they will prob. default you anyway despite the above. Also do NOT phone them or speak to them on the phone.

 

Foolishgirl, thanks for your help/advice,

i have already read on this thread a letter that i will copy and use,..i am however concerned that they will continue to process my data and give me a default even though this would be a breachj of the data protection act,..also i am very close to having my credit file clean this december actually, and a default would put me back to square 1,..would i be successfull in having the default removed?

 

i do have a thread, but i am getting more help and advice from this one (sorry)..this is a link to my thread http://www.consumeractiongroup.co.uk/forum/hsbc-bank/153426-hsbc-have-cancelled-my.html

 

im just not getting enough advice on my thread:(

 

thanks

[foolishgirl]

Replied on your other thread, malissa

[Guest malissa7999]

hiya,

 

please can someone tell me what exactly has to be on the prescribed terms of a cca for a credit card?... i know it outlines it at the beginning of this thread but i dont grasp what it means exactly?..so if someone could explain in laymans term i would very much appreciate it...cheers!

 

malissa

[JDEH]

Certain businesses are advertising to "wipe your credit card obligations completely" because agreements don't comply with the 1997 CCA. They ask for an upfront fee and claim 90% success rate. (Another fee is payable on success.) Is this genuine and has anyone been down this route? Or is it something else that is too good to be true?

[The GodMother]

just jumping on the CAG bandwagon. charging for what we do.

[tiglet]

Certain businesses are advertising to "wipe your credit card obligations completely" because agreements don't comply with the 1997 CCA. They ask for an upfront fee and claim 90% success rate. (Another fee is payable on success.) Is this genuine and has anyone been down this route? Or is it something else that is too good to be true?

 

More than likely too good to be true.

 

They can't do anything you can't do yourself (with a little help from your friends )

[tinkerbell20]

More than likely too good to be true.

 

They can't do anything you can't do yourself (with a little help from your friends )

 

 

Totally agree with Tiglet here:p

[nosmoking]

Hi there, my first post on here!

 

After over a year being "on hold", EGG seem to have found my agreement 8-(

 

Could someone have a look and advise if there are any issues with it?

 

Thanks

[citizenB]

no smoking, you might need to increase the file size a bit (unless it is just me), it is a bit small.

[nosmoking]

no smoking, you might need to increase the file size a bit (unless it is just me), it is a bit small.

 

That's odd the file I uploaded was 500KB, but the one here is actually only 8KB - it must convert them in the process. Any idea how to get round this?

[The GodMother]

i have tried enlarging the page but it just goes into gobbledgook.

 

Is there a way u can upload them via photobucket please so i can try and read them.

[nosmoking]

JUst sorted photobucket but I'll have to make another 3 posts before I can post links ;-(

[nosmoking]

Post number 4

[nosmoking]

post 5!

[nosmoking]

Hi, posted on photobucket:

 

http://i383.photobucket.com/albums/oo276/no-smoking2008/egg1a.jpg

http://i383.photobucket.com/albums/oo276/no-smoking2008/egg2.jpg

 

Thanks

[The GodMother]

ok i will have a proper look later but i have yet to see an unenforcable egg cca so please dont be disapointed.

[foolishgirl]

Looks OK to me, nosmoking, provided page 2 is the reverse of page 1 but as the date of signing by Egg matches the date at the top of Page 1, think this is probably the requisite link.

[robcag]

Hi NS

 

Can you identify any marks on the 2 documents which might show that one is actually/definitely the reverse side of the other? The reason I ask is that document 1 could actually have been reproduced from personal information stored on a computer and printed onto a form at any time (just by printing stored info such as name, address, date, barcode etc. at the corresponding positions). There is no handwriting on that page.

 

I can see from your uploaded images that doc 1 has fold creases at the 1/3rd, 2/3rd and 1/2 way positions (measuring from the top), whilist doc 2 (signature doc) has creases at approx. 1/3 and 3/4 positions. Admittedly some of these may have been done after the copies were produced and before you scanned them.

 

Cheers

Rob

[Chalkitup]

Hi, posted on photobucket:

 

http://i383.photobucket.com/albums/oo276/no-smoking2008/egg1a.jpg

http://i383.photobucket.com/albums/oo276/no-smoking2008/egg2.jpg

 

Thanks

 

 

Hello NS,

 

Bit busy at present but these "agreements" have surfaced before..... something about there should be three pages .... Egg signature is dated before you and lack of some info on the doc I think ....... I might be totally wrong here but try looking in the following places ......

 

Try looking at the thread ... Consumer Credit Act Agreements ... Post 7891 and onwards for about five pages and then thread http://www.consumeractiongroup.co.uk/forum/egg/71280-zubo-egg-3.html might be worth reading.

 

If I am wrong I am sorry but working under stress here

 

Onwards and Upwards

 

Chalkitup

[oldrectory]

Hi,

 

Is there a template letter to send to a DCA to say - you haven't sent me an enforceable CA, just an application form?

 

Thanks

[nosmoking]

Hi All,

 

Thanks for all the replies!

 

The letter was folded in 3 when it came, however there are lines that look like they come from a scanner or photocopier on both sheets, in different places.

 

I can't see anything to indicate that one is the reverse of the other, and there are no identifiable links between the two.

 

I had heard that egg scanned these documents and destroyed the originals, but I guess there's no way of finding that out - except by going to court! Eeek!

 

The problem I have now is that I was originally making token payments of just over £20 (the total is 11K), sent the CCA off and stopped paying when they failed to send the agreement. It's over a year since I asked for it and I've been telling them to get stuffed since then.

 

Seems very odd to me as it was passed to a new DCA about a month ago, I can't understand how they got the agreement when the original one couldn't. So now I don't know what to do.

[foolishgirl]

Hmm, that does sound odd.

 

Is it def. your signature? Could it have been copied from any corresp. you sent them?

 

Have you looked up Chalky's suggestion re. 3 pages? i.e one missing

[Chalkitup]

Hi,

 

Is there a template letter to send to a DCA to say - you haven't sent me an enforceable CA, just an application form?

 

Thanks

 

Hello,

 

If the prescribed terms are on the application form then you could be in trouble!!!

 

Try these letters....

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/138991-disabled-scared-owe-20k-6.html

 

Posts 303 + 304

 

Onwards and Upwards

 

Chalkitup