Cca I.f. Received Is It Legal

[Keasby]

Sounds good to me- sorry to hijack your thread I have my own- just called If CCA

[citizenB]

Sounds good to me- sorry to hijack your thread I have my own- just called If CCA

 

 

Here is the link to Keasby's thread

 

http://www.consumeractiongroup.co.uk/forum/intelligent-finance/217664-if-cca.html

[sunflower99]

If you did not sign it then not enforcable.

Hi Keasby

If it not signed like carpinjoy says it is not enforcable if not signed though always be prepared for the chance that they may produce or find something signed by you at any stage of the dispute or prooceeding and being a more recent agreement there is more a danger of them coming up with something than say an agreement made before 2004,But some banks still seemed to have no idae how to draw up a properly executed agreemeent even in later years so fingers crossed that they do not find a correctly executed agreement at some stae and just need to be prepared in case they do!

[carpinjoy]

Have a look, this came this morning, do they have a case with this or is it bog paper like everything else that they send, has anyone got one of these. Good hunting to all.

[sunflower99]

Hi Carpinjoy

Barclayshark send me similar letters to that! They still need the original signed document to enforce it in court without problems

[sunflower99]

Trouble is they think they can get away witrh unsigned ts and conditions to a s78 request but it is still not enforceable in a court,They trying it on to make you think they dont need to produce the original signed correctly executed cca!to enforce it in a court!

[carpinjoy]

I thought as much, I just needed confirmation, trust in you to be around sunflower (allways there when needed), should i reply or wait for the phone calls, which we know will follow. It does not matter what we write they still ignore it anyway, however it shows that we are still cteating the paper trail i suppose.

[sunflower99]

Hi Carpinjoy!

it is up to you! As you say they will ignore what you write anyway,You have sent them quite a few letters and made it clear accont in dispute so you could save on your time and postage costs by ignoring them and see what their next move is or you could annoy them with another letter and ask them if they got an original agreement and can you go over to their offices to inspect it!

[sunflower99]

Depends on how energetic you feeling and whether you can face another trip to post office! LOL

[sunflower99]

i keep exchanging ping pong type letters with Barclayshark though i suppose i will have to stop eventually and just ignore their junk respoinses as i suppoe it will get ridiculos and judge have hundreds of letters in front of him or her when and if it proceeds to litigation stage!

[carpinjoy]

I will leave it for now, as you say they know it is rubbish that they have, so lets wait and see. It will probably be their sols that phone again, they will be told that if they have a copy of said agreement, send me a copy and I will comply to make payments, once I have cast my eyes over it, if they dont want to do that (see you in court) as you would say. The ball is in their court.

[sunflower99]

Hi Carpinjoy

Yes as you have probably by the sound of it put your point across to them quite a bit! Save your energy time and printer ink for next pondfeeder they set on you!

[carpinjoy]

I recieved a phone call today not realising who it was I answered, it was their sols, asking what stage I was at concerning the dispute, told them things had not changed, still in dispute, he rambled on about some test case stating that they had complied with sec78, and that things would progress to the next stage and I could argue the point in court. I said good see you there.

[carpinjoy]

Got this by post this morning, as you can see from the letter that I wrote to them ignorance prevails. There is no point in answering this as I spoke to them on the phone by mistake the other day. I think I should send another Accont in Dispute to I.F. suggestions please

[sunflower99]

At least you made your position clear to them Carpinjoy .i have dealings with Halifax as well and they keep charging me from time to time £22 for r a doorstep caller letter and though am paying them regulary albeit in arrears as i did not want to put this account in dispute they keep piling on charges so i never going to get my debt down to them:mad:

[carpinjoy]

sunflower99, if you are getting so much hassle from them and you are clearly trying to pay them, is there some reason why you dont put it in dispute, is it enforceable, are you on a payment plan with them, submitted income and expendature etc. Why take it on the chin from them, I would like to help IF I CAN.

[citizenB]

I think you might want to forward that document/letter to the OFT. It is designed to look very similar to a court claim document dont you think ?

[sunflower99]

sunflower99, if you are getting so much hassle from them and you are clearly trying to pay them, is there some reason why you dont put it in dispute, is it enforceable, are you on a payment plan with them, submitted income and expendature etc. Why take it on the chin from them, I would like to help IF I CAN.

Hi Carpinjoy

TBH i am not sure if it is enforcaeable or not but as mine taken out with Halifaxx from the start and it was nearly 2006 as takn out DEC 2005 i wonder if mine will be enforceable:( so do pay them a lot to try and keep them of my back ,

[carpinjoy]

I sent another account in dispute letter, they recieved it on 22/09/09 their dca sent this to me the day before. Surely they know that they dont stand a cats chance in hell if this goes to court so why send this to me. I am not going to phone either of them and wait and see what happens next.

BO SCOTT.pdf

[carpinjoy]

bump

[sunflower99]

Hi Caroinjoy

I have not had any dealings with Blair oliver and scott so not sure how serious this is,In this case as they do not use the word may it is more worrying and i had a similar letter from Restons before just before they started commencing legal action,but it may be a good idea to scout around some Halifax/Blair oliver scott threads to find out what most people have happen after this letter is issued to them,

Edited September 26, 2009 by sunflower99

[sunflower99]

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, furthermore the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

[sunflower99]

Just wondering if this was a sutiable letter to send them but best to get some more feed back,from other caggers,one thing that worries me is that they do not say the word May ,I was under the impression that they had not sent you anything signed but if they did stick some ts and cs on back of a signed application form they may say its enforceable,Trouble is you can never be sure what is on back of appliction form unless you get to see the orginal and always a gamble as to wheteher something on back or not.

Edited September 27, 2009 by sunflower99

[sunflower99]

Looking at your application form they sent you again in my opinion i dont think it looks like those compact scant ts and cs were on back of application form but that is only my opinion and the fact that they state in letter that you would have seen terms when you signed appplication form sounds like they are using that statement to cover their tracks but please dont take my word as gospel as i may be completly wrong and as mentioned on all threads there is always a danger that if there are some terms on back off or attached to a signed form it could be enforceable,

Edited September 27, 2009 by sunflower99

[carpinjoy]

I think we need someone else to look at this, as I dont want to play into their hands at this stage. Looking at it it does not seem right but there again what do I know, their dca thinks it must be ok or why take the gamble and issue that letter. I have looked at other threads, seen the dca mentiond just once and that person is in the very early stages, so no help there to be had. Can you flick a switch or something to get another point of view on this, I dont know how to alert the boffins. Your input as usual is most welcome thanks sunflower.