Re: SXGuy's UE Diary
Thanks, dont think thats it though.
They mention specifically CCA2006 and Prescribed Terms.
The thing that is puzzling me is i thought the majority was redacted parts of the 1974 act, not amendments or additions.
It could be, that they are refering to the PT's being on the same page, but it was in reply to the threat of charging orders letter, which i dont think mentions anything about the PT's
That being said, they may just be stating some comment to try and cover whatever they think ill reply with lol.
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Re: SXGuy's UE Diary
Just Googled this but it says 2005 ?
http://www.google.co.uk/url?sa=t&rct...r3Kp8qOamFxJZg
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Re: SXGuy's UE Diary
Hey guys, update time again.
DLC re MBNA have replied to the threat of charging order letter.
As a reminder, this was 1 day prior to receiving the UE CCA which states a paragrah in the prescribed terms that doesnt exist in the T's and C's.
I sent the missing prescribed terms letter after that, to which im still waiting on a reply for.
But i thought id post the main content of the letter, cos i have no clue what they are refering to.
Abit of blah blah, and some points regarding the account does not relate to a fixed term agreement, the prescribed terms are not required to be on the face of the agreement, therefore please see the reverse.
Does comply with CCA 1974.
They are happy to rely on the documents previously provided in any future proceedings.
Then theres this bit
"Any amendments made to the Consumer Credit Act after the agreement was signed would have no legal bearing on its enforceability, consequently as the amendment made to the 1974 act regarding prescribed terms was not introduced until 2006, this section of the act would not apply to your agreement.
We will now consider the account further, which will include an assessment by our litigation department, in the meantime, we would encourage you to telephone us to discuss repayment."
Was also a bit about enforceabilty does not preclude you from making payment and should not be used as a tool to withold payment....yeah we know this already.
The bit im confused about, is the first paragraph, what amendments do they refer to?
And judging by their last statement, they are probably intend to try for litigation at some point, even if i did offer a repayment (which i wont be) So why bother lol.
Im guessing i should sit tight and wait for a reply to the missing PT's i sent as this is probably a response to the threat of charging order i sent them judging by the dates they refer to in the letter.
If anyone has some insight in to what amdendments they are refering to, id be happy to know.Last edited by SXGuy; 10 November 2012, 18:23.
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Re: SXGuy's UE Diary
Originally posted by Slickfm View PostHi SXGuy, is your letter the same as the one I recently posted on my UE diary?
both gpb and iQor ignored it, and i received a second letter from gpb which was similar to yours and my last letter, except it doesnt saying anything about not entering into corespondance, it just says may be instructed to commence legal action and is titled PENDING LEGAL ACTION.
So no doubt you will get this letter in a week or so.
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Re: SXGuy's UE Diary
Originally posted by SXGuy View PostHey guys.
Received letter today from GPB solicitors Re Lloyds and iQor.
Previously sent both these idiots letter before action when they threatend legal action.
Today received another threat, legal action pending, make full payment within 10 days or "may" be instructed to issue court procedings.
Already sent letter before action, so should i send it again, refer them to my previous letter or send something else?
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Re: SXGuy's UE Diary
Originally posted by SXGuy View PostHey guys.
Received letter today from GPB solicitors Re Lloyds and iQor.
Previously sent both these idiots letter before action when they threatend legal action.
Today received another threat, legal action pending, make full payment within 10 days or "may" be instructed to issue court procedings.
Already sent letter before action, so should i send it again, refer them to my previous letter or send something else?
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Re: SXGuy's UE Diary
Hey guys.
Received letter today from GPB solicitors Re Lloyds and iQor.
Previously sent both these idiots letter before action when they threatend legal action.
Today received another threat, legal action pending, make full payment within 10 days or "may" be instructed to issue court procedings.
Already sent letter before action, so should i send it again, refer them to my previous letter or send something else?
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Re: SXGuy's UE Diary
Originally posted by MrsD View Postoch I'm not going to say it!!!
Congratulations, mate, I was really hoping it was going to turn out this way.
SH
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Re: SXGuy's UE Diary
Originally posted by SXGuy View PostWell, i said the other day i woke up to some real shitty post....
Well today, i woke up to an email from Niddy, which made it all better!
MBNA IS
The prescribed terms mention clause 9.4 which is MISSING from the agreement and the T's & C's
Im so happy!
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