First credit asking for higher payments for MBNA debt

[MrSooty]

I must admit, it does look remarkably like my signature would, if I gave them one - but as you so prudently suggest, I had no intention of sending them a 'sample' for free!

 

My expectation/hope is that having exceeded the 2+12+30 day 'limit', they have 'failed to comply' and whether the agreement is 'proper' and contains all the 'prescribed terms' or not, is now irrelevant!!

 

Otherwise, all relatively quiet on the DCA front

 

The tone of their letter, suggests a certain lack of confidence to me and is certainly 'polite' and 'deferential' than their regular offerings!

 

Further input awaited with anticipation and appreciation:)

[The GodMother]

if they have edited the document then i dont think it is able to be a cca.

[ScarletPimpernel]

I'd be inclined to reply saying that you are unable to comment as they have not supplied you with the entire document. A CCA requires them to provide you with a copy of the executed agreement, not supply a heavily censored document and an invitation to comment.

[Curlyben]

What complete ball hooks.

1St are talking bovine excrement as usual.

 

Account In Dispute

 

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 the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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 your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

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.

 

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

BLAH

[pt2537]

hmmm Ball hooks is that the same sort of thing as Bow Larks

[The GodMother]

if you say it fast enough they both sound like something else.

 

Good letter as usually CB.

 

If this edited copy of your credit agreement went to court i would like to see them try and wriggle out of why it is edited in front of a judge.

[Curlyben]

Certainly worth keeping this letter safe to be on the safe side

[The GodMother]

oh god yes i would keep that document they sent you. I would even be tempted to use it is court to say this is the ' credit agreement' they sent me and that as you cant read what is on it you can say it is a true copy. what have you sent in respose to the 'credit agreement' if it was not CBs letter.

[The GodMother]

oh i forgot to add. Re the incread in payment tell the sceeming b******s were to go summing like, No or horlicks or you have more chance in a heard of elephants cumming threw your front door than me increasing the payments if you get any payment out of me what so ever. use what ever one you like if u want to.

[MrSooty]

Thanks for the posts people - especially to Curlyben once again - you are a serious player my friend

 

I like your letter template and am inclined to send it to 1st Credit tomorrow and see how they like those bananas!!??

 

In fact, once I've checked my files, I might even send a copy to NCO, who sent me the 'short application form copy' in response to my CCA request - so they are also 'out of time' - as Chris Farlow used to say so eloquently!

 

I have just remembered that we did have a Postal strike recently, which caused some minor delays - so would the Court add that to the total elapsed time allowed or not....???

[Curlyben]

MrSooty, I have a MASSIVE dislike for DCA's underhand bullying tactics.

Now if they where to treat us like adults and actually listen to what we had to say it would be a different matter.

Until that happens I am more than happy to throw EVERY law at them that I can find.

 

Now I'm NOT trying to avoid my debts, but I will NOT be treated in this way and made to feel like a second class citizen by some spotty phone jockey.

 

The original creditors that I'm dealing with have been fine, so I always try and have accounts passed back to them. They'll slowly start to realise that "selling" debts to DCA's is a pointless exercise.

[pt2537]

well said Curlyben

[The GodMother]

I second that CB. Dca are a waste of time and need showing whos boss.

[Oh Boy!]

I love curly!

 

It looks like they have sent a duff CCA from someone else's file.

 

Why would you edit the doc,

 

Then say IF THIS LOOKS LIKE YOURS then send us a copy of your signature so we can forge it onto a CCA and send it out to you.

 

They make me sick, I found this site tooooo late with Robinson Way, but the others, weeeellllll im just waiting for them to sound the battle trumpet.

 

Thanks TO CURLY, RORY32, AND OTHERS WHO ACTUALLY MAKE THIS SITE. THE TOP PLAYERS

[Curlyben]

Oh Boy!, I hope you mean that in a platonic sense

[pt2537]

I love curly!

 

 

 

Steady on there:D

[Oh Boy!]

Nothing but PLATONIC

[The GodMother]

yes Cb you are one of the best on this site, your letters are brill i may be needing a few of them in the near future.

 

To be quite honest i would be lost without this site aswell.

[Curlyben]

Never a problem.

 

Hey that's why I'm on CAG anyway.

[Oh Boy!]

YEAH ITS QUITE FUNNY TODAY,

 

I called VIRGIN MEDIA they charged 10.00quid late fee, she frustrated me, so i ended up saying :-

 

Fine you wanna mess me about, I'm gonna get CurlyBen onto you!

 

I was slashing my self laughing after i put the phone down, coz she was confused as hell.

 

Me : LOLOLOLO:D

 

VM : ERRRRRRRRRRR CURLYBEN ? wonder who that is!

[Curlyben]

Hehehehe what's this using my name as a veiled threat

 

Hey I'm a nice guy, honest.

[The GodMother]

We never said u werent nice just had some lovely letters that we could use and threaten them with

[MrSooty]

Royal Mail are busy this week, just got a response to my CCA request from Tesco Finance via Allied International Credit.

 

It's a copy of a Credit Card Agreement which contains a signature very similar to my own, at least as it was 6 years ago - so they DO keep records!!!

 

I have attached the pdf file for those who know to respond with comments - which would be appreciated - they are at least within the time frame on this occasion, so it's down to the agreement - 'prescribed terms' or not???

 

Perhaps I've been reading too many of these posts recently, but can an Application form for a Credit Card ever be acceptable as a Consumer Credit Agreement......??

 

Look forward to the usual suspects responding - thanks folks

Tesco CCA response_27Oct2007.pdf

[robcag]

Perhaps I've been reading too many of these posts recently, but can an Application form for a Credit Card ever be acceptable as a Consumer Credit Agreement......??

 

Look forward to the usual suspects responding - thanks folks

Well I'm a newbie here, but from what I've been reading (and hopefully understanding) that is plainly an application form and cannot be construed as an agreement by virtue of S.59 of the CCA 1974.

 

I guess you're thinking along the same lines and hopefully one or more of the helpful experts will confirm.

 

Looks like you are in luck! :grin:

 

 

Rob

[pt2537]

ok, now the terms and conditions appear to be a different document entirely and they are headed as Terms and Conditions . it is my understanding that where they contain prescribed terms they should be part of the Credit agreement and not in a seperate agreement.icant remember where that came from, ie which reg but i do remember reading it somewhere

 

im sure someone will confirm this

 

Regards

paul