SXGuy's UE Diary

[SXGuy]

Re: SXGuy's UE Diary

Sent DCA refusal back to moorcroft again with the £1 postal order.

After reading their letter again, they word it as though they are not declining to send it, but i should resend a postal order to them addressed to lloyds instead.

So i can only assume my next letter will be something along the lines of, "we are happy to supply what you request but need a postal order addressed to Lloyds"

Question, how does this affect UE in regards to compliance within 14 days? is it in default whether the postal order is addressed to them or not?

[SXGuy]

Re: SXGuy's UE Diary

Received CCA from M & S Money, emailed niddy.

:S

[SXGuy]

Re: SXGuy's UE Diary

Quick question for you guys, regarding the M and S agreement i was sent recently.

After reading the guide to unenforceability it says.

This section says that an agreement that is not properly executed can only be enforced if it consists of a single document and is;

a) signed by the debtor, and
b) has the prescribed terms

and
For example, a typical response from a credit card company consisting of a copy of an application form and a copy of recent terms and conditions would comply with s.79 but would probably not be enforceable for one of several reasons;

c) signature and prescribed terms not on one document (signed application form and recent terms and conditions).


The signed agreement i received, had a seperate 2 sided peice of paper with the terms and conditions, the back of the application was blank.

Does this mean the agreement was not properly executed??

And is this a good argument for UE under section 127?

[SXGuy]

Re: SXGuy's UE Diary

Quick update, Egg account and Capital One are now both in default due to non compliance with the CCA Requests.

M & S Money CCA confirmed by Niddy to be

But, you win some you lose some! so far my mothers won more than shes lost, so cant complain

[Never-In-Doubt]

Re: SXGuy's UE Diary

To clarify the m&s agreement WAS signed but they provided both original and latest terms to comply with s.78.

Paul's even looked over this. It's a no goer.

[PlanB]

Re: SXGuy's UE Diary

Quick update, Egg account and Capital One are now both in default due to non compliance with the CCA Requests.

M & S Money CCA confirmed by Niddy to be

But, you win some you lose some! so far my mothers won more than shes lost, so cant complain

Oh dear Did M & S get you to sign a new agreement when it was upgraded from a storecard to a credit card then? Unfortunately they started doing that after the OFT intervened and warned them they had been acting unlawfully

[SXGuy]

Re: SXGuy's UE Diary

yes plan B, was a bloody month after all the shit hit the fan, hows your luck hey? lol a month out, oh well!

[SXGuy]

Re: SXGuy's UE Diary

ok update, Capital one have finally sent something through, my fear is its enforceable.

Will email Niddy in a mo, but what they sent was, the signed application page, a reconstituted copy of the credit agreement, and the t's and C's from then and now.

They state in their letter the prescribe terms would have been shown on the reverse of the application form.

So far Egg are yet to send anything.

[SXGuy]

Re: SXGuy's UE Diary

Update, received letter from 1st Credit RE OPUS, account is on hold while they gather the info for the CCA Request.

Still waiting for Niddy to check the agreement relating to Capital One.

(Where are you Niddy? hehe)

[Never-In-Doubt]

Re: SXGuy's UE Diary

Niddy had a death in family so dashing here there and everywhere also trying to do this, my job, build my sites etc etc

Bloody nightmare mate

However capital one is not alright. There are no clear PT's as at account inception. Put simply, when you applied for this did you see terms on the reverse? Nope, I didn't think so either

[greymatter]

Re: SXGuy's UE Diary

Sorry to learn about your sad news Niddy.Hopefully things are now improving for you.
GM

[SXGuy]

Re: SXGuy's UE Diary

Niddy had a death in family so dashing here there and everywhere also trying to do this, my job, build my sites etc etc

Bloody nightmare mate

However capital one is not alright. There are no clear PT's as at account inception. Put simply, when you applied for this did you see terms on the reverse? Nope, I didn't think so either

Cheers Niddy! sorry for your loss mate, i know what its like to have to deal with that and 20 others things all at once, in a strange way, it helps to get through it by keeping busy.

If you need any web help to lighten the load feel free to pm me.

Cheers.

EDIT: What would be the best template to send back to them regarding this now? missing presribed terms?

[Deepie]

Re: SXGuy's UE Diary

Cheers Niddy! sorry for your loss mate, i know what its like to have to deal with that and 20 others things all at once, in a strange way, it helps to get through it by keeping busy.

If you need any web help to lighten the load feel free to pm me.

Cheers.

EDIT: What would be the best template to send back to them regarding this now? missing presribed terms?

Thats the one--------------> CCA Query - Missing Prescribed Terms

[SXGuy]

Re: SXGuy's UE Diary

cheers!

[Henryhatter]

Re: SXGuy's UE Diary

Niddy had a death in family so dashing here there and everywhere also trying to do this, my job, build my sites etc etc

Bloody nightmare mate

Hope you're ok.