dwj2112's UE Diary

[Enforcer]

Re: dwj2112's UE Diary

I would not believe anything sent by a bank! Obviously sent you a reconstituted copy of your supposedly "executed" agreement under S78. Barclaycard did this to me! However, I had already obtained a copy of my "Improperly" executed agreement under S7 Subject access request!
They just lie.
Try a subject access request, if they do not send you a copy of the original agreement, not a reconstituted version, that complies with CCA 1974. Complain to the Information Commissioner.

[Never-In-Doubt]

Re: dwj2112's UE Diary

I suggested a couple of posts up what to do, ie blag it!

Send this --> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

[Never-In-Doubt]

Re: dwj2112's UE Diary

Try a subject access request, if they do not send you a copy of the original agreement, not a reconstituted version, that complies with CCA 1974. Complain to the Information Commissioner.

That's not entirely true, a s.7 DPA(1998) Request does not come into CCA (s.78) territory so in theory the bank *can* ignore the request for an agreement within any SAR as this gets sent along with a s.78 request NOT a s.7 DPA Request (SAR).

I argue that they ought to send it within a SAR as a SAR is a request for all data however to establish whether they have a genuine copy, we do not SAR, instead we utilise CPUTR (PriorityOne) --> PriorityOne CPUTR 2008 (ex P1 CAG CPUTR 2008) - allaboutFORUMS which generally deals with the 'honesty' side of things.

Point is, right now I would send the template above (in my last post) and not stress too much about this.

[dwj2112]

Re: dwj2112's UE Diary

Thanks Niddy and Enforcer.

I had a look at the templates and wasn't sure on how to "blag it". I'll send a copy of the letter you suggested.

I think I might have misunderstood something.

As far as I can see the bank have sent me the original form I signed, and all the original agreement and terms and conditions (as well as a reconstituted agreement). Is there more they should have sent?

Or do I just need to stop thinking about it too much and just do as you say ?

Dewi

[Never-In-Doubt]

Re: dwj2112's UE Diary

Stop worrying. It's enforceable but you're best blagging it

[dwj2112]

Re: dwj2112's UE Diary

OK - gotcha

[SA Gold]

Re: dwj2112's UE Diary

and if you do get caught out answering the phone to them, take a look at my signature

[dwj2112]

Re: dwj2112's UE Diary

Hi Guys,

Have received CCAs from all 3 HBOS accounts and Niddy has checked them over and all are enforceable.

So I've sent them all the "blagging" letter - Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms.

Still waiting to hear from one of them, one debt agency has put everything on hold while they look into it, and the third one, Apex Management, have written to me stating:

"In order to process your request and in line with the Consumer Credit Act 1974, the statutory fee of £1.00 should be paid in accordance with the Act...........we are unable to comply with your request until we receive the mandatory fee"

Of course, I can just send them the £1.00, but since I have already sent it to the HBOS and they have supplied the CCA, I'm tempted to argue with them that I shouldn't need to send it again to produce the same CCA.

Any suggestions?

Thanks,

Dewi

[CleverClogs (RIP)]

Re: dwj2112's UE Diary

Send them the £1 PO.

With any luck, they'll send a different reconstituted "twue copy".

[dwj2112]

Re: dwj2112's UE Diary

You never know :-). Thanks for the advice.

[dwj2112]

Re: dwj2112's UE Diary

Hi Niddy or Anyone,

Niddy has already deemed my Halifax CCAs as enforceable but I tried blagging it with the Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms letter.

Got a letter today for one of my cards from iQor Recovery services stating:

"Our Client advised that they had supplied a copy of the agreement complying with section 78 which contains all the prescribed terms, states the names and address of the parties and all original terms and conditions.

The copy agreement provided does not show the signatures of the parties as this element is specifically excluded from being required by regulation 3(2)(b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

Please send you proposal for repayment by return of post."

Do you reckon it's time to comply or does anybody have any other suggestions?

Thanks,

Dewi

[Never-In-Doubt]

Re: dwj2112's UE Diary

Just ignore it for now....

[dwj2112]

Re: dwj2112's UE Diary

Wiil do. Thanks Niddy.

[dwj2112]

Re: dwj2112's UE Diary

Have now had a follow-up from gbp solicitors giving me 10 days to pay, otherwise they "might" obtain a CCJ (or raise an action in my local court since I'm in Scotland).

Should I just contact them and make a payment arrangement, or are there any other possibilites?

Dewi

[MrsD]

Re: dwj2112's UE Diary

well for sure they'll be getting absolutely no CCJs in Scotland, that would be highly interesting

personally I'd send a Threat-o-Gram Letter Before Action - allaboutDEBT UK

I very much doubt that GBP who are apparently based in Stratford upon Avon have a license to practice in Scotland so they will therefore be doing squat, they'd need to outsource this to a Scottish solicitor

so I would take this at the moment as a load of template nonsense

send off the template and don't put your address on the letter, no point in tipping them off