FEL1C1TY's UE Diary

[SXGuy]

Re: FEL1C1TY's UE Diary

Well if no application was signed I believe that is unenforceable since you would not have had the prescribed terms spelt out to you prior to accepting the card. I think you can safely relax with this one.

[IF]

Re: FEL1C1TY's UE Diary

Hi, just checking if all is OK?

Best wishes
IF

[FEL1C1TY]

Re: FEL1C1TY's UE Diary

Hello All,

Long time no speak! I've been very busy lately with a house move and work taking up far too much of my time and have also had very limited internet access for the last 2 months. All had been quiet on the MG front since my last update apart from a letter advising that they were investigating my complaint after receiving my last letter. (CCA Query - Application Received)..

I've had a bit of a problem with my post diversion as I'm in temporary accommodation at the moment so was annoyed to see that I have in fact received a response from them on the 3rd March when I managed to pick up a huge pile of post last week!

As predicted, they appear to have an answer for everything so I'm wondering what my next steps could possibly be now please? Letter reads as follows:

'Further to our letter on 6th Feb 2015, I have now investigated your complaint fully and in line with our Complaints Procedure, I am in a position to provide you with a final response. Our investigation has highlighted that we do not uphold your complaint.To enable you to understand the reasons for this decision, I would like to take you through the facts of the investigations and share the conclusions with you.

Our Investigation:
My understanding of your complaint is that you believe that we have not complied with your request made pursuant to sections 77/78/79 of the Consumer Credit Act 1974. Therefore you believe your agreement is unenforceable.

Our Findings:
In accordance with the Consumer Credit Act 1974 it is acceptable to supply you with a copy of your original application as the creditor or owner may not have a copy of the executed agreement. As we have provided you with the terms and conditions that were applicable at the inception of your agreement we believe we have complied with our obligations under the Consumer Credit Act 1974 and therefore believe we have complied fully with your request.

A section 77 request under the Consumer Credit Act 1974 is not a provision to remove liability and you have been provided with the relevant documents to show that you remain liable for the outstanding balance of £4966.04. We are confident that the above agreement remains enforceable and we will continue to request payment towards the outstanding balance.

You are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement. Please contact us on receipt of this letter to discuss the repayment of the balance outstanding.

Please note that under the terms of our Complaints Procedure, this is our final response. If you are dissatisfied with it, you may refer your complaint to the Financial Ombudsman Service. You need to do this within 6 months from the date of this letter. For more information please read the enclosed guide 'Your Complaint and the Ombudsman'. The address of the FOS is : xxx

We, on behalf of Moorgate Loan Servicing Limited, are responding to your enquiry in respect of a loan with Britannica Recoveries SARL-MADISON.

If you have any concerns regarding your financial situation, we would recommend that you seek free impartial advice from Citizens Advice of Step Change Debt Charity .

Sincerely
Case Handler/Conciliator


.....I have no idea who Britannica Recoveries SARL-MADISON are... this was originally an HSBC credit card!

Does anybody have any suggestions on how I'm best to respond please?

Many thanks in advance as always!

[Undercover Elsa]

Re: FEL1C1TY's UE Diary

Hi FEL1C1TY,
Have you sent a copy of this CCA for Niddy to check? The wrong address is a clear error but there may be other issues too, so I think we need an opinion before deciding the best way forward.
Could you scan it (unedited) and save as 2 multi page PDF's - the app form/original T&C's and the varied T&C's.
(If you name them on the lines of FEL1C1TY-app-origT&C and FEL1C1TY-varied-T&C it makes life a lot easier )

Don't worry about sending it unedited, it's perfectly secure. Email to Niddy at webmaster@all-about-debt.co.uk with your user name-CCA in the subject line and include a link to this thread. Mention briefly that the hand written app form has the wrong address. Presumably it wasn't signed?
He is really busy so give it time.

I'd be loathe to let them know about the address error at this stage, so let's see if there's anything else we can pick at.
In the meantime, don't entertain any more phone conversations with them. Just tell them in writing only from now on and hang up.

Do you remember receiving a default notice for this? If so could you dig it out for future reference.

Elsa x

[FEL1C1TY]

Re: FEL1C1TY's UE Diary

Thanks Elsa....Nothing has been looked over, I've just acted based on the advice I've been getting here so far.... I'll get on with it right away )

[nanna58]

Re: FEL1C1TY's UE Diary

Hi any news hope you are OK.x