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He sent off for cca fromLPF, ittlewoods personal finance (barclaycard)
reply today as follows
credit limit £400
balance £591
payment due £211
"we currently unable to provide a copy of the credit agreement you enrered into>we accept that we are prevented from enforcing the agreement while this state of affairs continues>we have suspended your account because in our veiw there is a significantly increased risk that you will cease to make oayments. This is a temporary measure and will be kept under reveiw.W e have not closed your account."
Notwithstanding that we cannot currently enforce the agreemnt our rights continue to exist under the agreement.
You should therefore continue to make payments.We can and will continue to take any action short of enforcement which includes reporting to cra without telling them that the agreement is currently unenforceable, demanding payment from you ,issuing a default notice and instructing a third party to demand payment or otherwise seek
to procure payment.We refer you to the case od Philip Mcgiffick v rbs
it was held that none of these steps constituted enforcement for this purpose.
note the decision in Carey v hsbc makes it clear that an unfair relationship cannot be said to have arisen between us as a result of the fact that we have not currently complied with the section 78 of the act. to the extent you seek to allege that an unfair relationship has arisen such allegations will be opposed.
Does he need to respond if not and they persist in phoning then i will send off tele harrassment
thank you
reply today as follows
credit limit £400
balance £591
payment due £211
"we currently unable to provide a copy of the credit agreement you enrered into>we accept that we are prevented from enforcing the agreement while this state of affairs continues>we have suspended your account because in our veiw there is a significantly increased risk that you will cease to make oayments. This is a temporary measure and will be kept under reveiw.W e have not closed your account."
Notwithstanding that we cannot currently enforce the agreemnt our rights continue to exist under the agreement.
You should therefore continue to make payments.We can and will continue to take any action short of enforcement which includes reporting to cra without telling them that the agreement is currently unenforceable, demanding payment from you ,issuing a default notice and instructing a third party to demand payment or otherwise seek
to procure payment.We refer you to the case od Philip Mcgiffick v rbs
it was held that none of these steps constituted enforcement for this purpose.
note the decision in Carey v hsbc makes it clear that an unfair relationship cannot be said to have arisen between us as a result of the fact that we have not currently complied with the section 78 of the act. to the extent you seek to allege that an unfair relationship has arisen such allegations will be opposed.
Does he need to respond if not and they persist in phoning then i will send off tele harrassment
thank you
are they still allowed to chase ? the can and will and case quotes above left me puzzled.
so am sending letter confirming no CCA template and acopy of the said letter.Hope this does not turn into a diary but if you think it may do then please move onto mine.xx
......Just ignore it's a Default Notice keep it safe along with the envelope....
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