is this cca enforceable?

[linz2011]

Hi received this from Amex today is it a yes or no? I think I know the answer:)

[Curlyben]

Received what Linz, there's nowt there

[linz2011]

This - I think hope it works????

AMEX.pdf

[Curlyben]

Well it doesn't appear to be signed by them so it isn't executed

The rest looks fine though as all the prescribed terms are present.

[linz2011]

Is that an unenforceable one then???

[Curlyben]

If that's what they rely on then yes.

An UNexcuted agreement is just as good as an unenforceable one.

 

Can you confirm my thoughts in the fact they haven't signed it at all ?!

[linz2011]

Hi guys - I have recieved a very official letter from a solictors called Brachers based in Maidstone advising they are going to pursue my AMEX in court - am i right to ignore this based on the agreement they sent is not executed (they have not signed it) should I advise them of this or just simply file it ?

[Curlyben]

Here you go one for the sols:

edita as needed.

 

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Your Client : XXXX

 

I refer to your letter of xx/xx/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

[linz2011]

Many thanks CB will keep you posted.....

[linz2011]

Hi guys

 

Having sent CB's letter to Brachers, I have today received a letter back saying I have 14 days to pay or court action, should I respond or just ignore it?

 

CONGRATULATIONS CB on your new bundle of joy - hope sleep deprivation is not too bad;)

[linz2011]

Bump

[rory32]

It's really up to you whether you respond or not. Ultimately if they want to take you to court they will (although they probably don't). If they take you to court they will lose based on the documents that they have provided. RBS sols threatened to make me bankrupt and force the sale of my home a few weeks before they completely crumbled.

[linz2011]

Thanks Rory - I have sent CB's letter and it clearly states that the document is not executed so I think I will sit tight and see what happens

 

Thanks again and glad RBS got a yellow belly;)