Credit card debt

[SELMAR]

Re: Credit card debt

labman and jon, thank you so much for your help and advice, it really is appreciated

jon, yes all communication is coming from shoosmiths and they havent threatend court action yet.

i will get a copy of the Consumer Credit Act 1974 [sections 77-79], sent off first thing.

thanks again!

[gravytrain]

Re: Credit card debt

Not relevant here as this is not a S78 request but I am sure I read case law that said in a CCA request everything had to be sent together not bit at a time and as such this would make it UE

I think it may well be relevant , since they would be using the application/ agreement to enforce should this go to court. The issue of conformity to the requirements of section 61 and 127(3) would be very relevant indeed, in regards to irredeemable unenforceabilty.

Section 78 requests only render an agreement unenforceable so long as they are not complied with of course as soon as the compliant documents are produced the agreement becomes enforceable.

[jon1965]

Re: Credit card debt

Gravytrain
Maybe I didn't explain it well or something but what i was talking about was the agreements that had been sent. These were sent not in response to a CCA request so the fact there are no original T&C's really is irrelevant as should a claim be issued they are not relying on these documents at all. Anyway if you wrote saying this is UE because you didn't send me the original T&C's they could easily write back and say "we didn't have to"

Of course as we all know, a compliant CCA request does not mean that an agreement is enforceable. there are many reasons why an agreement can be irredeemable UE, no signed agreement is a good start, no agreement at all is another (of course a recon of what it would have looked like is ok for a S78 request)

Anyway that's my point, it is irrelevant if the documents arrive together or not as it is a CCA request that requires them to arrive together

[gravytrain]

Re: Credit card debt

OIC

I thought you meant it was irrelevant that the signature form was compliant

[SELMAR]

Re: Credit card debt

many thanks for posts 47, 48, 49, very interesting reading.
i sent the Consumer Credit Act 1974 [sections 77-79] first thing this morning.
is there anything else i should be getting on with, or is it just a waiting game now, for the Consumer Credit Act 1974 [sections 77-79]?
again, your time and advice is greatly appreciated.

[jon1965]

Re: Credit card debt

Just sit back and wait, make sure you keep all letters you send or receive.
Do not be surprised if you don't get anything back within the time frame.

To save you typing you can refer to them just as CCA requests, we will know what you mean

[FlamingParrot]

Re: Credit card debt

many thanks for posts 47, 48, 49, very interesting reading.
i sent the Consumer Credit Act 1974 [sections 77-79] first thing this morning.
is there anything else i should be getting on with, or is it just a waiting game now, for the Consumer Credit Act 1974 [sections 77-79]?
again, your time and advice is greatly appreciated.

If you've sent out your CCA request, it's just a waiting game. They have two weeks to respond.

[SELMAR]

Re: Credit card debt

good afternoon,
please see the latest reply from shoosmiths after i sent the cca request.

[Kafka]

Re: Credit card debt

That's a bog standard response and since they wrote in December that they had asked the OC for the agreement, it looks like they can't get it. What a shame.
:deadhorse:

[jon1965]

Re: Credit card debt

Crying shame but RBS are pretty crap at paperwork. Took them 2 months to comply with my cca request after buggering around demanding a signature etc.


Just wait and see what happens but at least Shoosmiths should be off your back now until compliance

[FlamingParrot]

Re: Credit card debt

RBS complied with mine in a timely manner but sent just an application form, signed but no terms! When I sent an account in dispute letter they responded with a bunch of random terms from different years. Was passed round a few DCAs but last I heard about it was a year ago.

[SELMAR]

Re: Credit card debt

good evening all,

the deadline for the claimant to reply to my cca request is end of business friday 15/2/2013.
1. what happens if the claimant misses this deadline?
2. is there anything i need to be doing when the deadline passes?

many thanks,
selmar

[jon1965]

Re: Credit card debt

There is really nothing to do immediately in my opinion. Some people say send a reminder letter however I would wait. If they then try to chase you at that point send a letter saying the account is in dispute as they have not complied with your lawful request,
The exact wording of the letter can be sorted when and if you need it.

There are no penalties on the creditor for not replying in a timely manner other than they can not enforce it until they do

[FlamingParrot]

Re: Credit card debt

As long as no-one is chasing you, then a reminder is not necessary. If anyone contacts you before you get a reply to your CCA request, do post here whatever you get so you can send a suitable response. The account is unenforceable until such time as they send a compliant agreement.

[SELMAR]

Re: Credit card debt

good afternoon all,
i have received the following bundle letter from mint this morning, which is attached for viewing.
it seems that they cant find the relevant paperwork.
can someone please advise on the situation and what my next step should be?
kind regards,
selmar.