DeFault Notice re Cr Cd

[Guest]

I wouldn't worry...they'll pass it on to the relevant department.

Enjoy the peace while it lasts...

Elsa x

Hi

 

Thanks Elsa, yes it has been peaceful!!

 

This is the letter i mentioned before that [problem] sent me, any thoughts anyone?

 

Re CCA request - I haven't had any reply at all to this, timescale is up, so am about to do the account dispute letter to loyds?

 

thanks

Edited October 17, 2009 by Ford

[Guest]

Hi

 

Does this letter (above post) from [problem] mean that the account has been 'terminated'?

 

thanks

[Guest]

Hi

 

I have received a monthly statement! and it says under 'account information' that 'account is seriously overdue...we have instructed dca MHA collections.'

 

any ideas on this, and above post, and what do you think i should do next?

 

(Still no news at all re CCA request, and have already sent the 'No reply to cca request' letter to [problem] and the a/c dispute letter to loydsrtsb when the time was up. (the [problem] letter above was received before a/c in dispute))

 

thanks

Edited October 21, 2009 by Ford

[cerberusalert]

Send this to SCM http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

 

This one to MHA when they contact you http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[Guest]

Hi

 

Send this to SCM http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request- ....This is the template I have already sent

 

Do you think the account is now 'terminated' following the [problem] 'formal demand' for payment of the account balance, and now it has gone to a dca?

 

thanks

[cerberusalert]

If they are demanding the full amount rather than the arrears it can be seen as being terminated.

[Guest]

Hi

 

Have received the 'standard' loydsrtsb response to s78 request, (same as some other caggers have had):

 

1 - standard s78 letter; saying enclosed 'copy of executed agreement, copy of current terms and conditions, statement of account...satisfied our obligation...no requirement to send copy of signed agreement...endeavourimg to locate the signed copy....wouldn't have opened without sight of signed agreement...no further correspondence..having satisfied s78 agreement is fully enforceable' etc.

Also attached, an Appendix re 'your rights under s78', CNCD regs re not having to provide photocopy of signed agreement, amended agreements.

2 - computer generated/print out conditions re asset, asset gold, asset platinum, with my name and address i presume 'inserted' on the 'template' conditions whilst on the computer and then printed out.

3 - computer generated 'template' 'current' conditions, again with name/address as above.

(my name and address on both 2 and 3 are the same font type, size, spacing)

4 - copy of latest monthly statement signed and dated by them.

 

no copy of any application form, no signature, or anything else.

 

 

Anyone any thoughts/suggestions please, thanks.

Edited October 27, 2009 by Ford

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[Guest]

Thanks cerberusalert. I added a couple of paras to scotts letter re oft 'meaning of true copy'?

 

I have now received a letter from 'inhouse' dca mh a saying that 'instructed by loyds to recover arrears.....can pay them or at loyds branch....if no immediate payment solicitors [problem] may commence legal proceedings.......if no payment and judgement obtained will be recorded in public register....may experience severe difficulties obtaining future credit...if unable to pay telephone today with proposals'

 

will send them the letter you suggested above in post no.29? If not ok, please comment. should i add the 'doorstep call' letter to it? thanks.

 

Also, re DN your post no.21 - a couple of caggers have said that a bank holiday counts as a full/clear day re 14 day period. any further thoughts on this?

Edited October 30, 2009 by Ford

[Guest]

Bump - thanks

[cerberusalert]

will send them the letter you suggested above in post no.29? If not ok, please comment. should i add the 'doorstep call' letter to it? thanks.

Yes send it & yes include the doorstep bit.

Also, re DN your post no.21 - a couple of caggers have said that a bank holiday counts as a full/clear day re 14 day period. any further thoughts on this?

If a Bank Holiday or weekend falls within the time allowed for postal service it cannot be included, ie if they posted the DN on a Fri, the Sat and Sun is ignored and the time starts from the Mon unless it's a Bank Holiday then it will be the Tues, so for first class delivery it will be 5 + 14 days if posted on a Fri. 6 + 14 days if posted on a Fri and there was a Bank Holiday Monday. Also a specific date must be stated to remedy the default, just stating 14 days or 21 days from the date of the letter is not enough.

[Guest]

thanks C

 

Yes send it & yes include the doorstep bit.

If a Bank Holiday or weekend falls within the time allowed for postal service it cannot be included, ie if they posted the DN on a Fri, the Sat and Sun is ignored and the time starts from the Mon unless it's a Bank Holiday then it will be the Tues, so for first class delivery it will be 5 + 14 days if posted on a Fri. 6 + 14 days if posted on a Fri and there was a Bank Holiday Monday. Also a specific date must be stated to remedy the default, just stating 14 days or 21 days from the date of the letter is not enough.................the bank hol in my case was during the '14 day period', not the service period, so it counts as a full/clear day? My dn remedy date then should've been the 9th at least, and not the 10th at least as you said in post 21?

[cerberusalert]

If the DN was posted 2nd class which they normally are you could not have received it until the 28th. The letter was dated Fri 21st which means it could not have got into the postal system before Mon 24th, allow 4 days for postal service = 28th. Then you have to have a minimum of 14 days to remedy which brings it to the 11th so it is 3 days short, even if it was posted first class it would be 2 days short.

[Guest]

Thanks.

[Guest]

Re cca request - have rec'd a copy of signed application form (single A4) with some conditions on the back. But, it looks like the conditions have been copied onto the back of the photocopy of the appn form, and may not be part of the appn form! what do you think?

 

any thoughts/suggestions please? thanks

Edited November 7, 2009 by Ford

[cerberusalert]

Send them this;

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

RE: Agreement/Account number

 

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

 

I also I note that you have replied to the above by sending your companies Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

 

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement 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 therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

Yours faithfully

Print name do not sign

[Guest]

Thanks Cerberusalert

 

on the appn form (above post #40) it says 'this will form the agreement.....on the terms overleaf'. If the above conditions are the ones overleaf, would this then be enforceable?

 

thanks

[cerberusalert]

If the above conditions are the ones overleaf, would this then be enforceable?

Yes but there is no link to them and the prescribed terms are not "within the 4 corners of the signed agreement".

[Guest]

thanks

 

Yes but there is no link to them ...........isn't the link the '...terms overleaf'?

and the prescribed terms are not "within the 4 corners of the signed agreement"............does this mean then that the signature and the prescribed terms must be on the same page?.

[cerberusalert]

The Act states that the prescribed terms must be within the four corners of the signed agreement so a pedant would argue that it should be on the same page as the signature. But remember you have the double whammy with the defective DN and it being posted on the Fri of a Bank Holiday weekend, so even if the CCA was seen as enforceable the agreement has been unlawfully rescinded because of the defective DN.

[Guest]

Thanks.

[Guest]

Hi

 

Also, the account no. on the appn form is different to the existing acc no., as the card was changed/'upgraded' since then. does this make any difference?

 

shall i still send the above letter?

 

many thanks.

Edited November 26, 2009 by Ford

[cerberusalert]

The no's don't make any difference.

[Guest]

Thanks, should i send the letter above?

[cerberusalert]

Yes send the letter see what they come up with.

 

DFC ?