Unenforceable CCA with Very catalogue, help needed

[Bluemaiden123]

Re: Unenforceable CCA with Very catalogue, help needed

Sorry niddy I'm not making myself clear again am I. No Lowell have sent the reconstituted copy regarding catalogue, wescott have sent pending legal action against my enforceable Lloyds loan.

I'm sorry for confusion (again) was sending previous posts whilst multitasking (packing school bags, getting kids pyjamas on, making sure they brush their teeth and sorting next load of washing ha ha).

[Never-In-Doubt]

Re: Unenforceable CCA with Very catalogue, help needed

Sorry niddy I'm not making myself clear again am I. No Lowell have sent the reconstituted copy regarding catalogue, wescott have sent pending legal action against my enforceable Lloyds loan.

I'm sorry for confusion (again) was sending previous posts whilst multitasking (packing school bags, getting kids pyjamas on, making sure they brush their teeth and sorting next load of washing ha ha).

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

Wescott - send this ---> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

Better...?

[Bluemaiden123]

Re: Unenforceable CCA with Very catalogue, help needed

As always, thanks niddy!

[Bluemaiden123]

Re: Unenforceable CCA with Very catalogue, help needed

So since sending the templates you suggested Niddy here is an update:

UE Very account. Passed to Lowell:
Received a letter saying that they are looking into my account and have put a hold on the account until they are able to respond fully.

Lloyds overdraft. Passed to HL Solicitors. Passed to Apex Credit Management:
HL Solicitors sent Notice of pending legal action letter. It states they are instructed not to correspond with me but for me to telephone Apex.

Lloyds loan. Passed to Wescott:
Letter received stating they acknowledge the query I have raised and it will be investigated.
Since that received a letter from lloyds, apologising for me not receiving my CCA and enclosing a £15 cheque.
They then sent 2 copies of CCA's one from an old loan that was settled previously and one from my current loan. I'm confused because the old settled loan CCA has a page with my signature and date etc but the CCA formy current loan that is in dispute does not have any signature or date??????

Sorry for all the info, hope it's clear enough, any help would be great. Thanks.

[Bluemaiden123]

Re: Unenforceable CCA with Very catalogue, help needed

Any help on previous post??? Thanks.

[Deepie]

Re: Unenforceable CCA with Very catalogue, help needed

So since sending the templates you suggested Niddy here is an update:

UE Very account. Passed to Lowell:
Received a letter saying that they are looking into my account and have put a hold on the account until they are able to respond fully.

Lloyds overdraft. Passed to HL Solicitors. Passed to Apex Credit Management:
HL Solicitors sent Notice of pending legal action letter. It states they are instructed not to correspond with me but for me to telephone Apex.

Lloyds loan. Passed to Wescott:
Letter received stating they acknowledge the query I have raised and it will be investigated.
Since that received a letter from lloyds, apologising for me not receiving my CCA and enclosing a £15 cheque.
They then sent 2 copies of CCA's one from an old loan that was settled previously and one from my current loan. I'm confused because the old settled loan CCA has a page with my signature and date etc but the CCA formy current loan that is in dispute does not have any signature or date??????

Sorry for all the info, hope it's clear enough, any help would be great. Thanks.

Any help on previous post??? Thanks.

Sorry for the delay in replying............

If it were me, just see what they send next and post up, and we will take it from there.

[Bluemaiden123]

Re: Unenforceable CCA with Very catalogue, help needed

Thanks for reply, will sit tight and wait!!

[Bluemaiden123]

Re: Unenforceable CCA with Very catalogue, help needed

Hi all, so received a further letter from Lowell which reads as follows:
It is our view that the terms of the credit agreement are compliant with the Consumer Credit (agreement) (amendment) Regulations 2004 and is therefore legally enforceable containing all the required prescribed terms. If you are still of the opinion that the credit agreement is not compliant with the regulations can you confirm your reasons for this assessment by return.

Irrespective of the above point the credit agreement was entered into before the 6th April 2007, following the introduction of the Consumer Credit Act 2006 that withdrew from this date section 127 (3) of the said act concerning irredeemably unenforceable credit agreements. As a result, the Courts have discretion as to whether the defect you allege in the credit agreement is such that the agreement does not reflect the true intention of the purposes of the transaction to which it seeks to govern and to which Lowell relies upon for payment of the debt.

Shop direct supplied to us a true copy of the credit agreement that was signed in your name and to which a credit facility was extended to you. We are now enclosing account statements to evidence the credit used by you under the facility.

The procedures and processes of shop direct would not have allowed any credit facility to have been opened in your name or utilised by you if they had not received a signed application for credit and if required this can be evidenced should this matter be required to proceed.

However, we would prefer to try to resolve the matter amicably and now hope that we can look to agree a mutually satisfactory payment plan that you can afford based on your current financial circumstances to repay the debt currently claimed.


Any help would be much appreciated.

[Never-In-Doubt]

Re: Unenforceable CCA with Very catalogue, help needed

Have you had the agreement, signed by you, sent back as a CCA Request?

If so, have I seen it? I can't recall - can you please resend it before responding....

agreements@all-about-debt.co.uk

Thanks

[Riz]

Re: Unenforceable CCA with Very catalogue, help needed

Irrespective of the above point the credit agreement was entered into before the 6th April 2007, following the introduction of the Consumer Credit Act 2006 that withdrew from this date section 127 (3) of the said act concerning irredeemably unenforceable credit agreements. As a result, the Courts have discretion as to whether the defect you allege in the credit agreement is such that the agreement does not reflect the true intention of the purposes of the transaction to which it seeks to govern and to which Lowell relies upon for payment of the debt.

Did Lowells really write that?

[Never-In-Doubt]

Re: Unenforceable CCA with Very catalogue, help needed

Did Lowells really write that?

Nothing surprises me mate, with those cowboys

[Bluemaiden123]

Re: Unenforceable CCA with Very catalogue, help needed

I have sent it previously Niddy but I've forwarded it again for you.
Thanks.

[Never-In-Doubt]

Re: Unenforceable CCA with Very catalogue, help needed

I have sent it previously Niddy but I've forwarded it again for you.
Thanks.

Thanks, bear with me.....

[Never-In-Doubt]

Re: Unenforceable CCA with Very catalogue, help needed

Hi all, so received a further letter from Lowell which reads as follows:
It is our view that the terms of the credit agreement are compliant with the Consumer Credit (agreement) (amendment) Regulations 2004 and is therefore legally enforceable containing all the required prescribed terms. If you are still of the opinion that the credit agreement is not compliant with the regulations can you confirm your reasons for this assessment by return.

Irrespective of the above point the credit agreement was entered into before the 6th April 2007, following the introduction of the Consumer Credit Act 2006 that withdrew from this date section 127 (3) of the said act concerning irredeemably unenforceable credit agreements. As a result, the Courts have discretion as to whether the defect you allege in the credit agreement is such that the agreement does not reflect the true intention of the purposes of the transaction to which it seeks to govern and to which Lowell relies upon for payment of the debt.

Shop direct supplied to us a true copy of the credit agreement that was signed in your name and to which a credit facility was extended to you. We are now enclosing account statements to evidence the credit used by you under the facility.

The procedures and processes of shop direct would not have allowed any credit facility to have been opened in your name or utilised by you if they had not received a signed application for credit and if required this can be evidenced should this matter be required to proceed.

However, we would prefer to try to resolve the matter amicably and now hope that we can look to agree a mutually satisfactory payment plan that you can afford based on your current financial circumstances to repay the debt currently claimed.


Any help would be much appreciated.

I would send this back....

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated xx/xx/xxxx and note the content within.

I am at a loss as to why you sent the letter you did, as in doing so you have proved that you know little, if anything, of the CCA1974. May I remind you the underlying authority is in fact the Consumer Credit Act 1974 which comes with amendments in the form of the CCA 2006 amendments - It is an Act to amend the Consumer Credit Act 1974; to extend the ombudsman scheme under the Financial Services and Markets Act 2000 to cover licensees under the Consumer Credit Act 1974; and for connected purposes.

Your claim that s.127(3) was repealed is correct however what you fail to recognise is that in order for s.127 to have any effect the account must have been opened prior to April 2007 which this was so the 2006 amendments do not affect this account in the context described by you in your last letter.

Coupled with the fact I am more than happy to stand in court and declare a vow that I have never signed an agreement would suggest you're kinda snookered so in the politest possible way I strongly urge you to learn the Consumer Credit Act and surrounding provisions prior to responding as any future error ridden letters received from you will be referred to the OFT to see what they reckon to your lacklustre and amateurish approach to legislation.

As previously notified, this account is unenforceable and remains so as I never signed any agreement. If you wish to pursue things through the county court then I welcome any action but be warned, your claim will be defended in full as vexatious with a counterclaim for costs forthcoming.

Yours faithfully,


Sign Digitally

[Bluemaiden123]

Re: Unenforceable CCA with Very catalogue, help needed

Excellent!!! Thanks Niddy, will get it posted today