HFC GM Card Am sure its not enforceable, but please confirm

[spartathisis]

Rcved this as a copy of my agreement! all correct personal stuff filled in by me. It says application all over it but also states credit agreement. This is all they sent. It was one the "you have been pre-approved" things that they send.

 

DCA now saying I do not have a dispute and so want payment again or else. What letter do I now send? Unfortunately struggling to pay them what I have been doing along with all the others I have been paying. Olease help asap!!!!

 

Hopefully atachment looks ok!

[rory32]

You'll need to blow it up a bit or go through photobucket as it's too small to read I'm afraid.

[spartathisis]

looks like it wasnt. Hope this works:)

 

Flickr Photo Download: GM card app form from TBI without details

[spartathisis]

anyone out there?

 

thank you.....

[Shawn0109]

Ok was there any terms and conditions that followed with this what looks like an application more than an agreement?

[Von Greenbach]

looks like it wasnt. Hope this works:)

 

Flickr Photo Download: GM card app form from TBI without details

That's an application form not a CCA.

[silverfox1961]

Hi'

That is an application form, not an agreement. No prescribed terms on it.

IMHO, unenforceable

 

fox

[Shawn0109]

exactly my point no terms and conditions + application form = unenforceable

[spartathisis]

no thats all that was sent. Sent a SAR and got statements, a deed of Assignment ( not showing my details, amoutn, account no. etc) and computer printouts of screen grabs. Entered dispute letter then was told you didnt ask for CCA!! They then wanted £1 fee, but they then sent this application form and said tats the end of the matter your complaint is not valid. by the way this was from the DCA who say they bought the debt 9yrs ago.

 

I have also since SAR`ed HFC (oc), but not got anything back yet. If this is what the DCA has I dont think anything else will come.

[Shawn0109]

It's unenforceable the debt doesnt exsist there is no Credit Agreement just an application form it's not valid and if they cant produce statements either or anything then dont worry just send the account in dispute letter and if you are currently paying them stop and see what happens.

[spartathisis]

already sent dispute letter, thats when they responed with the application form. They are now saying the account cant be in dispute because they have sent all that is required. Trying it on or what.

 

Do I insist the account is in dispute until they provide a true copy of the CCA?.

 

Thanks for replies so far, panic set in at first when I opened the letter until I kept reading Application form all over it;)

[Shawn0109]

Dont panic I was in panic yesterday till I won my Stat Demand case in court http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/177871-me-lowell-financial-costs-6.html#post1946625 just say to them that they havent complied with your original request for a CCA and the account is still in dispute. Lets see how they deal with that.

[spartathisis]

cheers shawn, read your thread WOW!! Hope I get to that position

[spartathisis]

Sent out SAR`s to most of my creditors and not one to date can provide a CCA. I have recieved Application forms and other incidental stuff (statements etc) and so have sent out dispute letters (copy below). Today recieved the Solicitors letter below and am somewhat worried are they bluffing? a default notice was included with it.

 

I posted up a few weeks ago the application form (no conditions, now appeared) supplied to me and everyone agreed it was an Application Form even though it stated Credit agreement all over it, but then it also states Application form all over it as well! From that the dispute letter went out.

 

I have also sent SAR to oc HFC who will shortly go over legal limit, sold on about 81/2 yrs ago to DCA (wont say who in case they reading). Been paying approx £15pm, never missed and never any problems until they wanted more money and so sent SAR. Requesting a SAR has escalated to DN and threatened Court action, vexatious?

 

HELP!!!

 

1, Is it deffo an App Form?

2, If no CCA can they legally send DN?

3, Already defaulted by OC for this debt, make a diff?

4, Sols letter claims Application Forms can be agreements and therefore this is?

5, They point to clauses 3,4,5 in the T & C`s which do state prescribed terms, but these were not sent me when first requested, so at the time they did not supply the they had not complied with the request. The front has all the info on the very bottom showing its relevant dates but the conditions have none and the staple holes are in a different place are they original? confused.

6, They also state that a Credit agreement is not classed as Data and so does not have to be disclosed under the DP Act! Contradicts the "CCA" they have sent?

 

I thought I was being so clever, but now i want my mummy (or a big brother to stick up for me), Im too good looking to go to prison

 

Any help would be greatly appreciated, even if I lose in court it makes no difference I earn £90pw, have no assets, live with my disabled mum and owe approx £30000 in total with no chance of ever paying any of it off. what would the court award? £2pw?

 

Link to Flickr, hope it works ok.

 

[url=http://www.flickr.com/photos/19183445@N04/?deleted=3313358639][/url]http://www.flickr.com/photos/19183445@N04/

[cerberusalert]

Name & shame the solicitor and then send this;

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

[clemma]

Or this (which I have just unashamedly copied from 42man). Either or will do.

 

Dear Sirs

 

I refer to your letter of XXXXX 2008 which was received today.

 

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2008 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (date - 12+2 working days from date of sending CCA request) to comply with a legal request.

 

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by xxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for, both the banking code and OFT guidelines.

 

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

 

Yours faithfully / for ever / with love / in anticipation of a short and fruitless banking relationship (choose the first if I were you !!!)

[clemma]

 

1, Is it deffo an App Form?

2, If no CCA can they legally send DN?

3, Already defaulted by OC for this debt, make a diff?

4, Sols letter claims Application Forms can be agreements and therefore this is?

5, They point to clauses 3,4,5 in the T & C`s which do state prescribed terms, but these were not sent me when first requested, so at the time they did not supply the they had not complied with the request. The front has all the info on the very bottom showing its relevant dates but the conditions have none and the staple holes are in a different place are they original? confused.

6, They also state that a Credit agreement is not classed as Data and so does not have to be disclosed under the DP Act! Contradicts the "CCA" they have sent?

 

 

I will try to answer your questions as asked:

 

1. - It is an application form

2. - No CCA means NO action can be taken against you, including DN's

3. - YES - you should send one of the letters posted above (your choice). The account can not be passed on whilst in dispute with the OC

4. - It is an application form, not a credit agreement, regardless of what they say.

5. - I can see nothing on the T&C's that bears your signature nor anything that links these T&C's to your account.

6. - They have no idea what they are talking about......

 

Send off the letter to these "solicitors". They should not be dealing with this and should pass it back to the OC.

[spartathisis]

Thanks for quick replies.

 

The sols are "in-house" and the debt was bought by a DCA 8yrs ago from HFC. If you check the letters I sent I have said what is suggested already, but they insist the Application Form is a CCA and so dont recognise that the account is in default.

 

What do I say about the default issued by the OC 9yrs ago and now by them? I never recvd anything to say the debt had been sold, just a letter from DCA to say they now owned the debt and pay them or else.

 

I should have SAR`ed the OC first as I am still waiting for HFC to show what they have, hopefully they wont have anything or it will differ from those sent by DCA.

 

Thanks.

[clemma]

Did you send the CCA request to the solicitors or the DCA??

[spartathisis]

Just as an aside. If solicitors chase after debts that are clearly unenforceable and therefore action should not be taken, can they be reported to The Law Society for this? Not a legle type but just thinking they should know better and might get into trouble if they do persue?

[clemma]

You can report them to the OFT, FOS and Trading Standards. Report them to whoever you wish! The more complaints these people get the better!!

[spartathisis]

I sent SAR to the DCA who have claimed they own the debt (8yrs). they sent the usual screen grabs and statements, but also the Application form. I also sent dispute letter to DCA, but recieved the reply from their inhouse sols.

[clemma]

Well send off one of those letters (regardless to the fact that they are in-house solicitors). The account can not be passed on.

[spartathisis]

Thanks clemma, but do I directly address some of the more obvious points or just say "I say its in dispute even if you dont" sorta thing?

thanks

[clemma]

They know where they stand legally with this, they just expect you not to. Send the letter as it is and wait for their reply.