I have recieved this letter..Whats are you thought on this? Shall i offer a full and final? Will they lay off me and just accept my monthly instalments as they have no CCA?
Okay sorry for the delay in my response. My scanner is playing up so i will type the letter word for word.
Dear Mr XX
Further to your letter dated 29th December 2011,at the moment we are not able to provide a copy of the original signed agreement,however we can confirm that our procedure has always been to obtain our customers signature to an agreement containing a prescribed terms before entering into a credit card agreement containing the prescribed terms before entering into a credit card agreement. As such, we are confidant the agreement remains enforceable.
By providing you with documents attached to our previous letter,we have satisfied our obligation to provide a copy of executed agreement under section 78.
However even if an agreement us unenforceable, the contract still has legal effet and is not void, thelender is merely prevented from getting an enforcement order from the court. it has always been our process to ensure that anagreement complying with the CCA requirements would have been signed by the customer before setting up a credit card account. Should this matter proceed to court we will adduce evidence to confirm this.
If you are using the services of claims managment company we would like to remind you of the warnings issued by the ministry of justice and citizens advice bureau. You can find more details about both at.
www.justice.gov.uk/new/newsrealease170209a.htm
www.citizensadvice.org.uk/press20090217
I refer you to a quote from the ministry of justice that reads 'Businesses that mislead the public claiming they can arrange for unpaid loans, credit cards or other debts or other consumer debts to be written off have been told to stop or face action.
We would like to remind you of recent warnings issued by the OFT who recently issued a press release with Ray Watson, director of the OFT consumer credit croup stating
'consumers have a right to information on debts they owe, but it is important they they realise that theses sections of the act cannot be used to write off legitimately owed debts' The OFT have also issued a reminder that even if a agreement was to become unenforceable, customers will still owe any outstanding money to the lender, intrest and default charges can still beadded to the loan and any failure to pay could effect their credit record.
Yours Sincerely
Anne P Gartshore
Okay sorry for the delay in my response. My scanner is playing up so i will type the letter word for word.
Dear Mr XX
Further to your letter dated 29th December 2011,at the moment we are not able to provide a copy of the original signed agreement,however we can confirm that our procedure has always been to obtain our customers signature to an agreement containing a prescribed terms before entering into a credit card agreement containing the prescribed terms before entering into a credit card agreement. As such, we are confidant the agreement remains enforceable.
By providing you with documents attached to our previous letter,we have satisfied our obligation to provide a copy of executed agreement under section 78.
However even if an agreement us unenforceable, the contract still has legal effet and is not void, thelender is merely prevented from getting an enforcement order from the court. it has always been our process to ensure that anagreement complying with the CCA requirements would have been signed by the customer before setting up a credit card account. Should this matter proceed to court we will adduce evidence to confirm this.
If you are using the services of claims managment company we would like to remind you of the warnings issued by the ministry of justice and citizens advice bureau. You can find more details about both at.
www.justice.gov.uk/new/newsrealease170209a.htm
www.citizensadvice.org.uk/press20090217
I refer you to a quote from the ministry of justice that reads 'Businesses that mislead the public claiming they can arrange for unpaid loans, credit cards or other debts or other consumer debts to be written off have been told to stop or face action.
We would like to remind you of recent warnings issued by the OFT who recently issued a press release with Ray Watson, director of the OFT consumer credit croup stating
'consumers have a right to information on debts they owe, but it is important they they realise that theses sections of the act cannot be used to write off legitimately owed debts' The OFT have also issued a reminder that even if a agreement was to become unenforceable, customers will still owe any outstanding money to the lender, intrest and default charges can still beadded to the loan and any failure to pay could effect their credit record.
Yours Sincerely
Anne P Gartshore
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