Sent for Credit Report

[Helpseeker]

Re: Sent for Credit Report

Hello there,

Today I received another letter dated 21/08/13 from the dca. It basically says:

Further to your recent correspondence, we write to advise we will be communicating with our client in respect of your raised query.
During these communications follow-up action will be suspended on your account and we will endeavour to provide you with an appropriate response to your query as soon as possible.


No attachments or other information was enclosed....interesting! :eyebrows:

Regards,
HS.

[Helpseeker]

Re: Sent for Credit Report

I will, thank you very much :hug:

Re: Sent for Credit Report

Wait to see what further information they send. :beagle:

[Helpseeker]

Re: Sent for Credit Report

Hi FP,

In their response, it seems strange that they have included this:
"We would ask for clarification as to why you feel this is not an original agreement?"

They must already know, and I'm sure I have answered this question in my previous letter anyway.

And you're right, if they had the information already, they would have sent it to cement their standing.

That's great to know that you chose that route . This may be the path that I'll be taking too.

I'm just wondering how to respond and/or to wait and see if their client supplies them with more info.

Regards.

[FlamingParrot]

Re: Sent for Credit Report

They are totally missing the point, but that's not uncommon. They may well have sent you a form with your details and your signature but it was just the one page with no terms attached to it, such as the ones you allegedly would have agreed to at the time of inception. There may not have been any terms on the form when you signed it, after all it's just that, an application form. Some forms also double up as agreements but there's a requirement for all the prescribed terms to be on there, I can see none. :nono:

A request to change the password hardly constitutes agreement to any terms, are they really that daft or just playing silly billies? The letter I posted does not say anything about you denying you had this account, it merely says it's unenforceable due to lack of any terms supplied with the form. As long as no terms from INCEPTION are supplied, it will be unenforceable. :thumb: This could be rectified by sending such terms, however, you have to wonder, if they do have them, why didn't they send them in the first place? :noidea:

They say they are requesting more documents from the client. I would be inclined to wait for their next letter after they supply the alleged terms.

I got the exact same thing from RBS in 2010, they later sent a few sets of random T&Cs but none from inception, they sent varied terms from 2008, etc. but my card was from 99! :grin: I haven't paid a penny since Jan 2010 and haven't heard a peep since Jan 2012!

[Helpseeker]

Re: Sent for Credit Report

Hello Guys,

After sending my letter to MC by rec'd/del on Sat 17th Aug, I received a response today.
I note that in this response dated 20th August 2013 and the last one dated 3rd August 2013, they have not given a balance.

The contents of their response state the following:

Further to your recent contact pertaining to the enforceability of your credit agreement.

We write to confirm that we have received your letter and noted the comments therein. For the avoidance of doubt we feel that the reasons you feel this balance is 'unenforceable' are completely unfounded. Your letter mentions that you are 'disputing the existence' of an original agreement. As our clients have already provided you with a copy of your signed agreement, which clearly shows your name, address, contact details and signature. We would ask for clarification as to why you feel this is not an original agreement?

We note that you claim to have not received a full statement or a copy of the terms and conditions of your account. Your request has been forwarded to our clients who will action this request at their earliest convenience and the documents will be sent to you.

Our clients have also provided you with a copy of the contract you sent to them on the 14/08/00 in which you requested to amend the password on your account. This again, is a document signed by yourself, which our client feels, confirms that you are/were aware of the account and makes your claim this account is not enforceable as completely unfounded.

For your convenience, I have enclosed a copy of the documents sent to yourself, highlighting your signature on both documents. We look forward to hearing from you within the next 14 days with your proposals for discharging this liability.

Yours sincerely

Accounts Department


As attachments, they enclosed a copy of the application form highlighting the signature, and the fax form highlighting the signature.

What are my next steps?

Thanks in advance.
Helpseeker.

Re: Sent for Credit Report

No problem, I'm just making sure that we are all aware of others security and I never said that you're daft.

No, it's wise to check. The 'daft' reference is a turn of phrase here, it wasn't an accusation - local phrases and sayings getting interpreted as they appear elsewhere; apologies for that.

The whole reason for me removing the posts to start with was for the OP's security - I'd certainly never do anything to jeopardise that. :beagle:

As you for you Charity ........... you wait! lol

[charitynjw]

Re: Sent for Credit Report

No problem, I'm just making sure that we are all aware of others security and I never said that you're daft.

:tape2:

Re: Sent for Credit Report

No I haven't Sapphy - I'm not that daft. They were saved purely to get them onto the site and then deleted. Remember my computer is DPA compliant so has exceeding tight password protected security vaults in which anything like this is placed immediately anyway. As soon as they were sorted, which took a couple of hours at least, the details were deleted.

Is this a problem? I'd already seen the OP's personal details from the two initial attempts to download them anyway. I pm'd her with a small part of what I'd seen to confirm it was them - it was.

No problem, I'm just making sure that we are all aware of others security and I never said that you're daft.

Re: Sent for Credit Report

I didn't know you employed a "Housekeeper" Labman :grin:

One has to keep up with the Jones, Plan B

Re: Sent for Credit Report

Errrrrr am I reading this right or are you saying that you've saved the OP's personal details to your personal computer ?
Apologies if I've read it wrong.

No I haven't Sapphy - I'm not that daft. They were saved purely to get them onto the site and then deleted. Remember my computer is DPA compliant so has exceeding tight password protected security vaults in which anything like this is placed immediately anyway. As soon as they were sorted, which took a couple of hours at least, the details were deleted.

Is this a problem? I'd already seen the OP's personal details from the two initial attempts to download them anyway. I pm'd her with a small part of what I'd seen to confirm it was them - it was.

[FlamingParrot]

Re: Sent for Credit Report

I saw the image, but didn't realise that it was Australia?
I have no idea about the relation or why it's there.

I was just wondering whether it was an OZ credit card... :noidea: :confused2:

Thank so much for the letter. I'll get it sorted :whip:

My pleasure. :yo: Try to send it recorded delivery if you can afford it, and sign it using a computer font rather than your real signature to be on the safe side. :thumb:

[FlamingParrot]

Re: Sent for Credit Report

It's good to see that someone else has received similar information. I am extremely happy to know about it being unenforceable :clap2: It is the largest payment I have been making to a dca. It may only be £20 per month, but that's a fair chunk to me, especially when there is still a lot of month left over.
It is good you received that result

Indeed it is, especially when you consider I've been paying £0/pcm since 2010! :grin: But there's more than that, as long as you are making payments, the debt will never go Statute Barred, and, depending on the alleged amount, £20/month could well be neither here nor there, i.e. not enough to clear the debt within a reasonable period of time, merely keeping it alive for as long as you keep paying.

Yes, there are at least 6 others to do with c/cards, loans, car insurance ppi (which I posted up here as I received a cheque today) http://www.legalbeagles.info/forums/...g-Is-Not-Right

Should I post them up as seperate entries?

Yes please, that would avoid getting it all mixed up.:thumb:

With regards to the PPI, I'll leave that side of things on Di's capable hands :yo: she is the PPI expert along with Turboman :yo: and Bill-K :yo: We have an excellent PPI team here on LB, :first: you should see the spreadsheets these guys use! :nerd: :nerd: :nerd:

I noticed on other threads that a lot of the responses are received by the 'debtors' after the stated deadlines.

The timescales are not really enforceable on the debtor's side, the principle is that, as long as they are in default of your CCA request, the debt will be unenforceable. Once they respond, it may or may not be enforceable, depending on what they respond with. This is more relevant when you are not paying, in your case, as you've been making your agreed payments, it makes little difference and it's probably wiser to keep paying until they respond just to be on the safe side, after all you've been paying for 6 years... :clock:

[Helpseeker]

Re: Sent for Credit Report

I saw the image, but didn't realise that it was Australia?
I have no idea about the relation or why it's there.

Thank so much for the letter. I'll get it sorted :whip:

Out of curiosity, I just have to ask: Is there a reason why the card image on the top right hand corner of the application form has the map of Australia?

With regards to their response to your CCA request, I'd be sending Moorcroft the following letter: :thumb:

[Helpseeker]

Re: Sent for Credit Report

Yes, there are at least 6 others to do with c/cards, loans, car insurance ppi (which I posted up here as I received a cheque today) http://www.legalbeagles.info/forums/...g-Is-Not-Right

Should I post them up as seperate entries?

I noticed on other threads that a lot of the responses are received by the 'debtors' after the stated deadlines.

Better late than never... :grin:

Unless it was recorded in error, I don't see that happening, even though the account is unenforceable, they still have the right to record a default, as per McGuffick v RBS, where it was established that reporting to the CRAs did not amount to enforcement. :rant:


Would you care to tell us more about these? :typing:

Most DCAs probably won't be able to comply within the timescales due to the need to go back to the original lender to request documents. If these debts aren't on your credit report, presumably they were defaulted over six years ago, in which case they'll probably struggle to locate anything. :thumb: