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Re: FEL1C1TY's UE Diary
I would send NO CCA Recorded Delivery,
I would send NO CCA Recorded Delivery,
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Re: FEL1C1TY's UE Diary
Originally posted by The Tech Clerk View Post- or this ---------> CCA Reminder - Unenforceability Threat
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
- or this ---------> CCA Reminder - Unenforceability Threat
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Re: FEL1C1TY's UE Diary
I would probably wait for the next letter and respond accordingly, should be interesting!Comment
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Re: FEL1C1TY's UE Diary
....I like the sound of this option for now..thanks Mrs D! If they send me anything else, I'll reply with a 'NoCCA' by recorded delivery and go from there....Originally posted by MrsD View Post
Wishing everybody a very Merry Christmas and Happy New Year if I don't have any updates to give beforehand!
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Re: FEL1C1TY's UE Diary
Erm..not sure what happened with my smiley!! So I'll have another go... it was meant to beOriginally posted by FEL1C1TY View Post....Wishing everybody a very Merry Christmas and Happy New Year if I don't have any updates to give beforehand!)
!!
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Re: FEL1C1TY's UE Diary
The thing is, and this is my personal view. Using the no cca received or the other template is fine, as it does state clearly your still waiting for it, however, its very likely, that they do not know or understand that they have sent the wrong application.
Therefore all you will get back from those letters, is them asserting, that they have complied, even though we know they haven't.
We know, they cant produce the correct agreement, so its up to you what you do. One person may be inclined to tell them they sent the wrong application, to which they would have no excuse to reply with. Or you could keep that information to yourself, and use it in the future should it get a bit heavy. Its a tricky one, and im not sure what id do personally in that position.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: FEL1C1TY's UE Diary
Hello and Merry Christmas to everybody! ....I hope you all had a fabulous time!
It seems Moorgate have woken up to the fact that they provided me with the wrong info all by themselves! On the 17th December I received the following:
1)Letter - 'In compliance with your request pursuant to Section 7 of the CCA we enclose a reconstituted copy of the executed Credit Agreement and a statement of account. In accordance with the Consumer Credit Act 1974 it is acceptable to supply you with a reconstituted copy as the creditor or owner may not have preserved a copy of the executed agreement. The requirement allows us not to provide an exact copy, a carbon photocopy or microfiche copy and we can therefore provide a reconstituted copy. We trust this meets your requirements'.
2) Moorgate Statement dated 15th December showing all of my payments between 13/11/2012 - 09/09/2014 - outstanding balance of £4966.04
3) HSBC statements dated 9th October 2014 & 7th November 2014!
4) Photocopy of Credit Card agreement terms - marked in handwriting as 'ORIGINAL Ts&Cs'
5) Photocopy of Credit Card agreement terms - marked in handwriting as 'CURRENT Ts&Cs'
6) Photocopy of Credit Card Application Form - very kindly filled out in handwriting with my Name, DOB and current address (which I didn't move into until 2004).
7) Photocopy of Important Changes to your Credit Card Agreement - marked in handwriting 'Notice of Variation'
So..... I'm now feeling a bit deflated and am wondering if they have me?!!! Any advice on next steps would be appreciated...... I'm wondering if I need to request a SAR next as I'm pretty sure that each time this debt has moved from organisation to organisation they've lumped on more fees each time...
Many Thanks
FEL1C1TYComment
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Re: FEL1C1TY's UE Diary
Hold up. Handwritten application with an address that you didn't live at, at the time the card was taken out?I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: FEL1C1TY's UE Diary
This cannot be a "true" copy of your agreement. Obviously cannot send a reconstituted agreement, unless it has the address from which you signed it, and the date that you signed it. Trying to scare you into paying.Comment
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Re: FEL1C1TY's UE Diary
Yes I agree, Its clear a forgery, not a reconstituted copy, the T's and C's may well be, but the application certainly is not.
Unless you were physic of course, and knew where you would live some years later after taking out a credit card, you couldn't possibly have filled that form in yourself.
Double check with Niddy, but this must be UE. I wouldn't tell them of their mistake, id keep that very close to your chest should they litigate.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: FEL1C1TY's UE Diary
I believe they can only send a recon if they have an original copy of the agreement, as this would be needed in court (should it get that far) so they really should state that they are unable to supply a copy of the original as they don't have one.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: FEL1C1TY's UE Diary
An application form is NOT an agreement so they still haven't complied with your cca request. I'd be sending CCA Query- Application Form Received if it were me.
I wouldn't mention anything about the address being wrong...save that to use if they ever decide to issue legal proceedings (but don't worry about that unless it happens)
Are you still paying them £95 PCM?Let your smile change the world but don't let the world change your smile
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: FEL1C1TY's UE Diary
Yes, that's right. Only the name address and DOB are filled out though, the rest of the form is blank.Originally posted by SXGuy View Post
...this got me thinking a bit more, and I'm not 100% sure but have my suspicions that I never filled out an application form for this card. If my memory serves me correctly, I think they just sent me the card with a pre-approved amount on it and then just upped and upped my credit limit over the years. No idea if that has any relevance, or how I'd prove that if it came down to an argument in court though!Comment
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Re: FEL1C1TY's UE Diary
Originally posted by Pixie View Post
Thank you... My last payment was back in September. I won't be making any more unless they can provide me with the evidence to show that this is enforceable.Comment
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Re: FEL1C1TY's UE Diary
that is a plain forgery
send off the letter as Pixie suggests
if you get it off today, it'll be waiting for them when they come back to workComment
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