but should i request a copy under another section

received a response stating that As your agreement was made before 19th May 1985 we have no obligation to supply you with a copy of your executed agreement Could anyone tell me if this is true

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hi thanks for your help i did make a full and final offer but they sent a final response letter My husband dosent know of my debt only one of 2 he hates debt he has taken a substantial drop in income recently although he is so carefull he has no debts other than a small mortgage he would go ape s**t if he knew I want to get them to admit no legit cca and make a f and f

own property in husbands name no negative equity

i have benn waiting over 3 months for my CCa from Lloyds sent reminders just keep getting sorry you had to complain letters

thanks Diddydicky I have been credit crunched and am trying to sort out my financial commitments the account is 90% interest, so was trying to get a full and final offer on this amount, most of the interest has built up in last year or so. they obviously have not got a legit aggreement. up to now have been maintaining min payments and eating beans but this months is due in the next few days and cannot make payment. i am trying to avoid defaults

the reminder letter was just cpr and did not state without prejudice

the letter in post 63 was sent and marked without prejudice

getting exactly the same check out my thread

anyone

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Hi tesco have not responded to cpr request or a reminder for cpr time is now up they have not responded to any of my letters for further copies clearer copies etc they have sent a final response letter after my initial cpr request What can i do now what are the implications of me starting court proceeding to get them to reveal the documents i require

Hi Have been following your thread with interest I have a tesco card( was RBS) have received similar stuff as you I would be grateful if you could PM me the letter yousent (minus personal details of course) i also cpr have sent a reminder and it is being ignored. they have had 3months of letters from me asking for various documents which they never supply. hope all goes well with you thanks

hi post 3 in the above link why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement - The Consumer Forums Do i include point regarding commision and what is this thanks and is 14 days a reasonable response time thanks

thanks you opinion is appreciated

so post 3 in the link thanks

thanks cerb this is a copy of a letter that i sent early may In a recent reply they just talk about cca request compliance and this is final response Do you think i should send a reminder cpr or a new cpr letter I DO NOT ACCEPT ANY DEBT TO YOUR COMPANY Without prejudice Dear Sir or Madam I originally wrote to you on xxxxxxx2009 . I enclose a copy of this letter, which was a request for a true copy of a credit agreement. You had 12 + 2 days to respond to this request. I then received a letter from you regarding this matter dated 30th March. Please note that this was 6 working days over the time limit. I wrote to you again on xxxxxx2009, which was signed for on xxxxxxx2009 by your company, requesting further information and a clearer copy of the application form, I gave you until xxxxxxto respond. As at today’s date I have not had a reply. Please note I have telephoned on frequent occasions to be put on hold passed from operator to operator to be told it has been posted, each time I have not received anything. I have telephoned your company today and have been told that a letter was posted to me on xxxxxxxx2009, a full eight postal days have elapsed and as yet I have received nothing. I am pleased to state from your letter that you enclosed a true copy of my agreement. This agreement does not contain any of the prescribed terms required by the consumer credit act of 1974, and is therefore unenforceable within a court of law. I believe that you have had more than an adequate amount of time to supply a fully executed agreement and am therefore assuming that if you had a copy you would have sent one. For this reason I am prepared to make an offer of xxxxof the outstanding balance. I want to offer this as an ex-gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you or any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released from any liability. Should you fail to respond within 14 days, I will expect that this means you agree, and I will forward xxxof the balance as of today’s date less any payments made before I receive a response from yourselves. I believe this account is now in dispute. 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 would apply: You may not demand any payment on the account, nor am I obliged to offer any payment to you. You may not add any further interest or charges to the account. You may not pass the account to any third party. You may not register any information in respect of the account with any of the credit reference agencies. You may not issue a default notice related to the account. Please be aware, the CCA 1974 is very clear that a default can only be issued for breach of a valid, regulated agreement. As there is no agreement a default cannot be lawfully issued as no valid, regulated agreement has been breached. Please note that I will take a breach of the above very seriously. I would ask that you review this account and respond favourably within 14 days of the date of this letter. I also respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document. I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides . I look forward to your reply in due course.

Hi could someone please tell me if i can CPR31 before issuing court proceedings Have found this below but dont understand point 1 Disclosure before proceedings start 31.16 (1)This rule applies where an application is made to the court under any Act for disclosure before proceedings have started1. (2)The application must be supported by evidence. (3)The court may make an order under this rule only where – (a)the respondent is likely to be a party to subsequent proceedings; (b)the applicant is also likely to be a party to those proceedings; ©if proceedings had started, the respondent’s duty by way of standard disclosure, set out in rule 31.6, would extend to the documents or classes of documents of which the applicant seeks disclosure; and (d)disclosure before proceedings have started is desirable in order to – (i)dispose fairly of the anticipated proceedings; (ii)assist the dispute to be resolved without proceedings; or (iii)save costs. (4)An order under this rule must – (a)specify the documents or the classes of documents which the respondent must disclose; and (b)require him, when making disclosure, to specify any of those documents – (i)which are no longer in his control; or (ii)in respect of which he claims a right or duty to withhold inspection. (5)Such an order may – (a)require the respondent to indicate what has happened to any documents which are no longer in his control; and (b)specify the time and place for disclosure and inspection.

hey thanks for that but they have sent a signed application form ( by me and them) and are insisting that it is enforceable. if they have signed the application form i dont think that they will have an actual agreement. the application is as far away from enforceable as you can get, i have requested a copy of the back of the form nothing has been sent. they state is is fully compliant and that is their final word. one bit from the letter reads 'We have also supplied a copy of the original and current terms and conditions of that card product with the prescribed terms' Now do they really believe that they can be separate from the agreement

no i want to send a strong letter to Oc stating exactly why the agreement is unenforceable and to quote case law

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http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/188785-mint-what-load-rubbish-2.html#post2155735 have found the post i was looking thanks for trying everyone

post 5 is the case law i was referring to i think the title needs changing back it is a letter containing parts of this i am interested in as dont know how to word it myself

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