ashling's unenforceability diary

[ashling]

Re: ashling's unenforceability diary

Ok Thank you for looking at the agreement for me. I could do with some help in order to try and keep them off my back for a year. Is there any template letter I can send them now, please?

[ashling]

Re: ashling's unenforceability diary

If I send the one that Deepie suggested earlier would that be ok? I am getting a bit stressed that court papers may arrive if I don't reply to them. Thanks.

[Never-In-Doubt]

Re: ashling's unenforceability diary

We have been discussing this (mods) - see below:

I've taken a quick look and can see that she and I exchanged posts about the Ts & Cs that BC sent her with the CCA which she says were Ts & Cs from five years after the account was opened i.e. not the ones there at inception. Since then Niddy has posted that her CCA is enforceable so I presume she got that wrong?

Or maybe I got it wrong......

If someone doesn't tell me and I don't notice the obvious changes in agreement then mistakes can happen. Obviously if they have only sent recon's then she has a fighting chance however they can easily issue a recon of the originals so in such cases I would still say it's enforceable because it would be so easy to remedy. Only where there is obvious errors do I say its UE.

So as you can see I wasn't fully aware that they'd sent you terms that were not issued at inception - (thanks and well spotted planB) therefore you need to send a letter, something simple, like the below:

Dear Sirs,

Reference: 123456789

On xx/xx/xxxx I wrote requesting that you supply me a true copy of the executed credit agreement for the above numbered account.

In response to this request I was supplied a document that did not comply with the requirements of the Consumer Credit Act 1974 (CCA1974), primarily as it does not contain all the necessary prescribed terms. The documents sent to me were also not the same as account inception as I have never seen any of the documents sent, before. Therefore I must stress that you need to go and find me the documents that I was allegedly given at account inception - not just a random copy of terms from several years after the account was opened.

The document that you are obliged to send me is a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and that was signed by both your company (or client) and myself as defined in s.61(1) of the CCA(1974) and subsequent Statutory Instruments.

If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. The documents I received appear to be missing these required prescribed terms.

The prescribed terms, as required by section 60(1) Consumer Credit Act 1974, are not at all visible and therefore the documents provided do not constitute a ‘true copy’.

What you sent does not comply with current CCA legislation because without the correct terms and conditions that accompanied this account, I am unable to adjudge my position effectively.

For this to occur I would require a "true copy" of the actual agreement & linked terms & conditions that apparently exists and I therefore appeal to you to fulfil my request. I consider this account to be unenforceable until such time you properly comply with my original request and send a copy of the original purported documents, if they exist. If not, then you must confirm this to me.

I look forward to hearing from you in due course.

Yours faithfully,

[ashling]

Re: ashling's unenforceability diary

Ok Thanks very much Niddy. The terms that BC sent me were ones dated 2008 on the last page. They have not sent me any signed application form. In the end I started panicking and today I posted the letter that Deepie suggested on Page 3 of the post. I hope that one is OK. I know it is a bit late now! Thanks very much for helping me, I am very grateful.

[Never-In-Doubt]

Re: ashling's unenforceability diary

Ok Thanks very much Niddy. The terms that BC sent me were ones dated 2008 on the last page. They have not sent me any signed application form. In the end I started panicking and today I posted the letter that Deepie suggested on Page 3 of the post. I hope that one is OK. I know it is a bit late now! Thanks very much for helping me, I am very grateful.

Why did you go and do that?

Ok so expect a claim in the coming days - I do wish people would actually read their own threads before panicking and rushing. I cannot believe you didn't listen to me - I did you the template you needed to send so why on earth did you ignore it?????

Oh well, what will be will be!!!

[PlanB]

Re: ashling's unenforceability diary

In the end I started panicking and today I posted the letter

A little tip from me is to keep an eye on your diary for looming deadlines because we can't be expected to remember them all - we have loads of diaries to keep tabs on

Your deadline from Bryan Carter's LBA was 20th October. Niddy posted on 19th October that your CCA was looking enforceable so you needed to either settle or blag it (send more templates) but you didn't respond to his post until a week later (passed the BC deadline).

Never feel shy about bumping your thread, and if there's a deadline to meet then spell that out for us. Most importantly keep an eye on posts we make in case they need an immediate reaction from you. We're not always able to chase you so it has to be the other way round.

Fingers crossed BC decided to wait a few more days before issuing a summons. They're not the brightest of law firms so you may get lucky

PlanB x

[Deepie]

Re: ashling's unenforceability diary

Lets wait n see what happens ...I've blaged stuff ....you never know with these lot

Only thing is I'm so close to SB with mine ...I can't believe it's been 6 years .....

[ashling]

Re: ashling's unenforceability diary

Yes ok I am sorry I sent the wrong letter. I will try to keep a better eye on things. Hopefully you can help if I do get a claim, and I will be more patient this time.

[PlanB]

Re: ashling's unenforceability diary

Hopefully you can help if I do get a claim

Of course we'll help you if you get a claim

I've just read about a claim which was dismissed by the DJ yesterday because Bryan Carter didn't even bother to show up for the hearing.

Can you remind me which letter you did send and then we'll see if it's worth sending Niddy's special one as a follow-up. If you sent it Royal Mail 'Signed For' on Tuesday can you check to see if it has it been signed for by BC yet?

[ashling]

Re: ashling's unenforceability diary

• If it were me I'd send this ----> CCA Query - Refusal to Accept UE Status

wait till back end of next week

This is the one I sent them as they did not send me the signed copy of the application form. I just got a certificate of posting too as I can't always afford to send these letters by signed for delivery. Thanks very much for the offer of help with any claim I may get. I had not been feeling too well these last couple of weeks so my head was a bit all over the place. I will let you all know what they reply with and it is good to hear they did not bother to turn up for that other person's hearing !

[PlanB]

Re: ashling's unenforceability diary

This is the one I sent them as they did not send me the signed copy of the application form. I just got a certificate of posting too as I can't always afford to send these letters by signed for delivery. Thanks very much for the offer of help with any claim I may get. I had not been feeling too well these last couple of weeks so my head was a bit all over the place.

That's a good letter which will make them scratch their heads.

Try not to worry. Like I said we're here for you if you get a claim.

Do you have your email alerts set-up so you get a notification of any new posts on your thread? That's our way of nagging you

I'm sorry to hear you've not been feeling well recently. Don't let these bastards add to your woes. I never do these days. They're not relevant in the grand scheme of things

PlanB x

[ashling]

Re: ashling's unenforceability diary

Hi Plan B yes I have the e-mail alerts set up so I do get them. I was probably actually at the post office posting the letter that Deepie suggested on Page 3. Sorry about that I will wait for instructions this time. My next post is going to be an attempt to clarify the diary on this account.

[ashling]

Re: ashling's unenforceability diary

HBOS CREDIT CARD


Type of account (credit card)

Date commenced (May 2003)

Approx balance £728

Date last paid (2/3 months before June 2009)

Are you on arrangement or not paying not paying

Status (default)

Account owner (Lowells and now with Bryan Carter)

Over the years this has been passed around various DCA's but have not kept any paperwork.

23/4/2014 Letter from Bryan Carter they have received instructions to issue court proceedings if payment not received by 7/5

26/4/2014 Sent a reply to the LBA asking for documents to Bryan Carter
26/4/2014 Sent a CCA request to Lowells copy to Bryan Carter

10/5/2014 Letter from Bryan Carter noting I have requested documents but I should contact them by 30th May with payment proposals.

29/5/2014 sent letter to bryan carter advising that I have sent a CCA request to Lowells, they have not responded and they cannot enforce in court until they reply. The letter also asks to place account on hold. (sent as advised by Elsa)

06/6/2014 Reply from Bryan Carter they have referred to their client and await instructions. In the meantime account on hold.

In the meantime I had sent a SAR to Halifax as I wanted to know last payment date and if they had a credit agreement. I have received a signed application form and 2 sets of terms and conditions.

9/6/14 Sent e-mail to Niddy with application form and 2 sets of terms and conditions.
12/6/2014 Reply from Niddy he says it looks enforceable.

26/9/14 Letter from BC saying they have attached a copy of the credit card application and statement of accounts. (What is actually attached is a set of terms and conditions dated 2008 with my name and address printed on the first page).

1/10/14 Sent BC the Missing Prescribed Terms letter.

6/10/14 BC have sent me a letter saying it is not necessary to provide me with a signed copy and I should contact them by 20 Oct with my proposals or they will seek their client’s (Lowells) instructions about further legal action.

28/10/14 I sent them the CCA Query - Refusal to Accept UE Status letter as per Deepie’s post.

I have now received a reply from BC they say if I require documentation pursuant to sections 77-79 of the CCA 1974 I can sent a £1 etc. They say they have placed my account on hold for 14 days.

I have already sent them a CCA request with a £1 on 30th April.

What do I do next please??

[PlanB]

Re: ashling's unenforceability diary

I have now received a reply from BC they say if I require documentation pursuant to sections 77-79 of the CCA 1974 I can sent a £1 etc. They say they have placed my account on hold for 14 days.

So you dodged that bullet and didn't get a court summons

Enjoy the rest of your weekend and someone will guide you as to next move shortly.

[ashling]

Re: ashling's unenforceability diary

ok great thanks very much Plan B! Hope you all have a good weekend too. I am feeling a bit more relaxed about it now. I will wait for someone to tell me which letter to send next.