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Two Cards NO signed CCAs Where now?

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  • Two Cards NO signed CCAs Where now?

    Hello everyone I have a Marbles card and Halifax creditcard I've sent off letters requesting a signed copy of my CCA waited the 28 days had nothing at all from Marbles, and standard T&Cs from Halifax, wrote of again requesting the same allowing 12 further days to produce CCA have had no response at all. I have a third letter to send them but just wanted to know if this is the correct letter I should be sending?

    Any advice well recieved thanks Hayley

    Dear Sir/Madam

    Re:−
    Your Client Ref:

    I do not acknowledge any debt to your company

    I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

    You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

    In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

    You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

    The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

    As you are no doubt aware, Section 78(6) states:

    If the creditor under an agreement fails to comply with subsection (1) -

    (a) He is not entitled, while the default continues, to enforce the agreement; and
    (b) If the default continues for one month he commits an offence.

    Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

    I require the following action from {debt agency name} :

    1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

    2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

    3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

    4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

    If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

    I look forward to your reply within 14 days to resolve the matter amicabl

  • #2
    Re: Two Cards NO signed CCAs Where now?

    Hiya and welcome to the site.

    Have a read of this Legal Beagles its Curlyben's most excellent guide to the CCA. You'll find all you need to know in there.
    If you do get stuck though, just shout and one of us will pop along to help.

    Comment


    • #3
      Re: Two Cards NO signed CCAs Where now?

      Hi,

      Another newbie here, I have exactly the same problem regarding MorganStanley (Now Goldfish I believe), Halifax and MBNA. None have responded to my SAR although Halifax have now cashed the cheque and have another 5 days left to respond so I await with baited breath.
      I'll read the recommended trhead but the fact i sent them recorded delivery and they were all signed for yet no information forth coming is just so frustrating especially as I know it will run in to at least £1.5k across the three cards and I know full well that I hadn't requested PPI.
      Anyone no of the correct MorganStanley address I could write to again that has had some sort of response, the account is now closed (2 years) so I have no other contact with them and the numbers I did have no longer work.

      Thanks

      Comment


      • #4
        Re: Two Cards NO signed CCAs Where now?

        You could try this address:-

        25 Cabot Square
        London
        E14 4QA

        Once the 40 days are up and they have not provided you with your information, sue them.

        Comment


        • #5
          Re: Two Cards NO signed CCAs Where now?

          Thanks - That's the address I sent it to although i'm sure I'll get the "we never received it hence never cashed the cheque!" even though I sent recorded delivery.
          I'll see if I can get a telephone number for them as well and get a named person to send it to.

          Anyone else had problems with these guys, and out of interest is there a link to follow on how to sue?

          Comment


          • #6
            Re: Two Cards NO signed CCAs Where now?

            Originally posted by Dr C View Post
            Thanks - That's the address I sent it to although i'm sure I'll get the "we never received it hence never cashed the cheque!" even though I sent recorded delivery.
            I'll see if I can get a telephone number for them as well and get a named person to send it to.

            Anyone else had problems with these guys, and out of interest is there a link to follow on how to sue?
            They cannot use non delivery as a reason for non compliance especially as you have proof of delivery.

            Here is the link on how to sue for non compliance.

            Legal Beagles read from post #3 onwards.

            Comment


            • #7
              Re: Two Cards NO signed CCAs Where now?

              Thank you for your assistance Amy much appreciated.

              Comment


              • #8
                Re: Two Cards NO signed CCAs Where now?

                You're welcome.

                Comment


                • #9
                  Re: Two Cards NO signed CCAs Where now?

                  Hi Guys,
                  Thank you for your input i've sent the letter above recorded delivery to both cards have proof that they have received the letters. I have had no response from either of the cards and have been in contact with the Financial Ombudsman Service who have wriotten to both of the cards re-itterating my complaint and providing them with 8 Weeks to resolve the matter.

                  Following on from the letter from the ombudsman I have had a letter back form halifax saying that they have sent out a copy of my agreement but i have never received it. I've requested they send a copy again by recorded mail so that they can prove the delivery of the item.
                  I'm just wondering what else to put in my response as they techically have already commited the offence whether the can produce a document or not as they were asked three times to produce the paperwork and could not provide anything with my signature on it and the deadlines for them to do so passed a month before they are claiming to have sent out documentation.
                  HELP

                  Comment


                  • #10
                    Re: Two Cards NO signed CCAs Where now?

                    Have heard back from halifax they have sent back a copy of a signed CCA however this was done outside of the prescribed time.
                    What should i do now?
                    and could any one look at the agreement and let me know if there is anything in it that invalidates it?
                    Thanks in advance.

                    Comment


                    • #11
                      Re: Two Cards NO signed CCAs Where now?

                      On second look at the document i'm not even sure that is is one document and not something fabricated by halifax,
                      The document they have sent is a double sided document photocopying on the front page is wonky and the on the back page is perfectly straight, there are also different reference numbers on each of the sides and surely if this was one document the reference number on the form would be the same?
                      Has any one else had problems with questionable documents?>

                      Comment


                      • #12
                        Re: Two Cards NO signed CCAs Where now?

                        Well that is UNACCEPTABLE under SI 1983/1553 which applies to all pre May 2005 agreements.

                        This is taken from another thread;
                        Originally posted by Curlyben
                        Under SI 1983/1553 the prescribed terms MUST be within the signature document to be valid, having them on a seperate sheet headed T&C or similar ISN'T acceptable.
                        SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms MUST be within the signature document. (Column 2 schedule 6)
                        This applies to all agreements pre May 2005.
                        So basically this is unenforceable, under 127(3).

                        Just to add to my comments re terms witin signature doc.
                        This was covered off in Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299

                        Schedule 1 to the 1983 Regulations sets out the "information to be contained in documents embodying regulated consumer credit agreements". Some of this information mirrors the terms prescribed by Sch 6, but some does not. Contrasting the provisions of the two schedules the Judge said
                        33 In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s 61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated.
                        As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements, which are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the minimum terms) are to be found in Schedule 1.

                        Comment


                        • #13
                          Re: Two Cards NO signed CCAs Where now?

                          Thanks CurlyBen,
                          So you think as the terms are not shown on the page that was signed that this is not correct ?
                          Even if the terms are on the reverse of the signed page?

                          The document they have sent is deffinitely suspicious as the reference numbers are different on each side
                          I shall write back to them
                          ------------------------------- merged -------------------------------
                          also should there have been a lenders signature somwhere on the document?
                          Last edited by monstertruck_monkey; 10th April 2009, 18:15:PM. Reason: Automerged Doublepost

                          Comment


                          • #14
                            Re: Two Cards NO signed CCAs Where now?

                            I don't believe that these T&C's where on the reverse, and, as you point out, it is unexecuted by them.

                            Oh dear..

                            Comment


                            • #15
                              Re: Two Cards NO signed CCAs Where now?

                              As I have involved the FOS is it worth forwarding the letter , questioning the documents validity and pointing out the lack of a lender signature, to them too?

                              Comment

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