robbers way help needed - vanquis card

[reorete]

i told them on the phone mr ton that it was an application that they have sent me.the clown said its your signature on it.i said sure it is but this is not a true copy credit agreement its just an application for credit.ive filled lots of them in but it dosent mena ive had the credit?im sorry but ive waited four weeks to recieve this they must of wrote to the original creditor vanquis who have given them the details how else would they have got my application for credit? why then havnt they sent me what i requested which is a true copy and not an application.is it possible they dont have it? and if not whats next

[reorete]

even if they have it hmmm hell will freeze over before i pay that amount lets seee i had a card with a 200 pound limit and robbers way are demanding £1,151,78 how much interest is that they want lol i was thick at maths

[reorete]

ps at the end of my account in dispute letter i drew a smiley face

[Blondmusic]

Never speak to these clowns on the phone. Do everything in writing from now on. They have not supplied you with the CCA you requested so send them this letter below. Edit to suit, DO NOT SIGN and send recorded or special delivery.

 

ACCOUNT IN DISPUTE

 

Date:

 

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. 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 you/your client enters into a default situation.

 

This limit has 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.

 

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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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

[mr.ton]

It doesnt matter what the clowns produce, they have no legal authority to a single penny off you ever - only the county court does.

I dont think the CC would look too kindly on all that interest

[reorete]

i cent of a cca request to robinson way. 4 weeks later i recieved an application form with my signature on so i then sent a further request.last night i received a call from a right smarmy cow from robinson way asking for payment i explained to her the account was in dispute as i never recieved a true copy just an application for credit. she then said that the true copy had been sent and i should recieve it tomorrow ..i recieved a letter this morning which says...... following your request we have today askedfor a copy of the agreement or statement? to verify that you are liable to pay the amount due.your account has been placed on hold pending receipt of this documentation we will contact you in due course... to me they are aknowledging they never sent the true copy the first time i asked and i have kept the application for credit they sent me dated9/7/09 today i had a call again asking for payment.i told them that the lady that asked for payment last night lied and told me the true copy was in the post which ended up being the letter ive just put here.the guy that phoned half hour ago said ive been badly advised as the application has my signature on and is good enough as proof? can someone advise me on this,i told him to take me to court with that as proof if he wishes but i dont see that as proof as ive filled in lots of applications for credit but that dosent mean ive actually had the credit.im sooo mad he tried talking over me and was so damn rude.help help help

[Big_Bother!]

I'm no legal eagle but I would have thought that an application form is just that- an application. You might have been unlucky and got the loan or CC, but you might have been lucky and not got the loan. An application form shows that you applied but not what the outcome was.

What you want as you know is proof of the agreement, only a proper agreement is permissable in court if it came to that - its just mind games on the part of these people-They are getting desperate because more of us thanks to CAG and other sites know our rights better. They don't like it when we fight back.

[silverfox1961]

Hi

 

An application can be an agreement so long as it has the prescribed terms on it.

APR

Repayment terms

Credit limit or a statement saying a limit will be set.

 

The ideal thing to do would be to post up your "agreement" (minus personal details) and let the experts have a peek.

 

fox

[rippedoffagain]

i cent of a cca request to robinson way. 4 weeks later i recieved an application form with my signature on so i then sent a further request.last night i received a call from a right smarmy cow from robinson way asking for payment i explained to her the account was in dispute as i never recieved a true copy just an application for credit. she then said that the true copy had been sent and i should recieve it tomorrow ..i recieved a letter this morning which says...... following your request we have today askedfor a copy of the agreement or statement? to verify that you are liable to pay the amount due.your account has been placed on hold pending receipt of this documentation we will contact you in due course... to me they are aknowledging they never sent the true copy the first time i asked and i have kept the application for credit they sent me dated9/7/09 today i had a call again asking for payment.i told them that the lady that asked for payment last night lied and told me the true copy was in the post which ended up being the letter ive just put here.the guy that phoned half hour ago said ive been badly advised as the application has my signature on and is good enough as proof? can someone advise me on this,i told him to take me to court with that as proof if he wishes but i dont see that as proof as ive filled in lots of applications for credit but that dosent mean ive actually had the credit.im sooo mad he tried talking over me and was so damn rude.help help help

 

You do owe the money, the debt exists, but they cannot (in theory) enforce the debt through the court.

[reorete]

sorry ive no idea how to show it you..has my details on it adress earninings then has declaration signature of applicant and dated but no details on how much or what i would have to pay back .dosent even have original creditors name to it

[reorete]

can you tell me what to look for on this application to give me a rough idea if they can use it as proof

[the_shadow]

sorry ive no idea how to show it you..has my details on it adress earninings then has declaration signature of applicant and dated but no details on how much or what i would have to pay back .dosent even have original creditors name to it

 

any chance you could take a digital pic of it and post it up if you dont have access to a scanner.

 

Silverfox has listed what prescribed terms need to be on there for it to be enforceable. People cant really give an informed opinion without seeing it.

 

S.

[the_shadow]

Oh and if the letter received this morning stated they were putting this account on hold what the hell are they doing phoning you...

 

I suggest stop talking to them on the phone and tell them to put everything in writing, dont go through security with them.

 

s.

[reorete]

not sure what im doing lmao but ive never sent a pic before

[reorete]

[reorete]

[reorete]

[reorete]

lmao is this ok?

[reorete]

hahahahah first time i ever sent a pic took me ages ... they are saying this is as good as a credit agreement?

[welshwizard]

If that's all they sent you, they haven't met their obligations under the CCA 1974. Place the account into dispute straight away.

[reorete]

so them saying thats as good as the true copy credit agreement is false? i have already sent the account in dispute letter but on the phone today the guy said my signature is on this document so this is proof of an agreement

[the_shadow]

so them saying thats as good as the true copy credit agreement is false? i have already sent the account in dispute letter but on the phone today the guy said my signature is on this document so this is proof of an agreement

 

And if I phoned you up and said the moon was made of cheese...

 

What they have sent may meet the requirements of s78 IF they also gave a statement of account with it but it shouldnt be enforceable, I wont say "isnt enforceable" as we are finding more and more on here that its a judge lottery and some judges rely on the moral decision rather than the legal one

 

 

 

[stupid example really as we all know it IS made of cheese]

 

S.

Edited July 15, 2009 by the_shadow

[welshwizard]

My signature is on my driving licence but it doesn't mean I have credit agreement with the DVLA does it?

[reorete]

hope its right coz ive asked them to take me to court .after sending the first request for the original copy and they sent me the above document on the phone.i had a call tuesday night askin for payment as they said the original copy was in the post i never got it instead i got the usual letter it said they are putting the account on hold till they get it so the woman tuesday night lied to me i still never got what i asked for ..now this morning they phone askin for money again ,i said why are you asking for money when the accounts in dispute and the guy on the phone basically said the document you already got is proof enough an im not getting the true copy.he said ive been badly informed and the application above has my signature on it and will stand up in court...now im worried

[lickthewallfatboy]

ask Robbers Way to point out where exactly the prescribed terms appear within the 4 corners of that document

 

that should be fun when you get the reply!!