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Re: SXGuy's UE Diary
Guys, im just rewording my LBA back to Aplins.
Taking in to account Pauls post regarding pre action protocol, i will include something similar to this regarding the crux of my argument.
Your thoughts?
Guys, im just rewording my LBA back to Aplins.
Taking in to account Pauls post regarding pre action protocol, i will include something similar to this regarding the crux of my argument.
Your thoughts?
On 07th December 2011 I made a formal request for a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).
On 30th December 2012 I received a document, which did not comply with my request, namely because the terms and conditions supplied, were not those from account inception. It is clear, that the prescribed terms, make references to paragraphs omitted within the terms and conditions, and therefore cannot be a "true copy" for which your client relies upon.
On 30th December 2012 I sent a letter to your client clearly explaining why the request remains outstanding, I regret this letter was ignored.
Whilst I appreciate and understand the provision of the recent Carey v HSBC {and others} case that stipulates a reconstituted agreement can be provided, I would like to point out that it does not say that your client can simply send some generic random terms.
I draw your attention to MBNA v McCullagh in this instance.
The remit of s.127 and s.65 of the CCA1974. Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act. Put simply, a court cannot make a judgment on an unenforceable debt without the original agreement, or at least a genuine "true copy".
Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to your client for immediate resolution prior to my seeking legal advice against you; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.
If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
On 30th December 2012 I received a document, which did not comply with my request, namely because the terms and conditions supplied, were not those from account inception. It is clear, that the prescribed terms, make references to paragraphs omitted within the terms and conditions, and therefore cannot be a "true copy" for which your client relies upon.
On 30th December 2012 I sent a letter to your client clearly explaining why the request remains outstanding, I regret this letter was ignored.
Whilst I appreciate and understand the provision of the recent Carey v HSBC {and others} case that stipulates a reconstituted agreement can be provided, I would like to point out that it does not say that your client can simply send some generic random terms.
I draw your attention to MBNA v McCullagh in this instance.
The remit of s.127 and s.65 of the CCA1974. Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act. Put simply, a court cannot make a judgment on an unenforceable debt without the original agreement, or at least a genuine "true copy".
Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to your client for immediate resolution prior to my seeking legal advice against you; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.
If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
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