Alliance & Leicester CCA Request

[JD2002]

Hi, can anyone help me with the following please.
I took out an Alliance & Leicester Visa Credit Card in 2003.
I have sent them a CCA request on 01/12/2008 and received a copy of the agreement. Can someone please have a look at this and tell me if it is an executable agreement. If not, what is the next course of action for me.

Pictures by JD2002 - Photobucket

Many thanks for any help

[brindles]

Hi,
I am not sure, but I think a credit agreement is only 1 page.

I have found the following, hope it helps.

http://www.consumeractiongroup.co.uk...le-useful.html

If its not enforceable, your next letter would depend on what you want to achieve,

good luck

[JD2002]

Is this a credit agreement or just an application form. If someone can tell me if it is unenforceable and why, and what i can realisticlly achieve on this account. What can I persue with them?

[brindles]

Hi,
I have taken another look, I think this is a application for credit and not a credit agreement.IMHO.

Hopefully a more knowledgable member can advise.

Sorry I cant be of more help,but each time you get a reply to your thread it will be "bumped" up, hopefully someone else will be along soon.

Sorry I cant be of more help

[JD2002]

Hi, do you think i should go down the CPR route on this one?

[JD2002]

Hi, am I right in assuming this is just an application form. If it is should I send them a letter like this:

I DO NOT ACKNOWLEDGE ANY DEBT

Dear Sir/Madam

RE: Agreement/Account number

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents


Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

I draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:
You must not demand any payment on this account, nor am I obliged to offer any payment to you.
You must not add any further interest or charges to this account.
You must not pass this account to any third party.
You must not register any information in respect of this account with any of the credit reference agencies.
You must not issue a default notice on this account
I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

Yours faithfully

[brindles]

Yes,thats what I would send.

The second document in your link. Is this indeed a second document and not the back of the first document.

As i said in your other post, the prescribed terms should be within the four corners of the document with your signature(signature box)

[JD2002]

Brindles,
The second document that i added has been sent by then as part of the back of the first document. What does this mean?

[brindles]

Hi,
I have taken another look at your agreement and it seems, there is a lot of whats required for it to be enforceable.

You opened this in 2003, where do you stand at the moment, are you up to date,have you paid charges.

If you have paid charges, you will need proof. This could be your statements, if you have them you can work out a list of charges and claim this amount back plus interest.

if you do not have your statements then you will need to send a "Subject access request" letter. here is a guide.
http://www.consumeractiongroup.co.uk...k-charges.html

you will need to send letter one below, this will be your Subject access request. You need to send £10, wich is the fee(you will claim this back later)
Proof or I D...send some statements from them and utility bills bank statement....try not to send anything with you signature eg driving licence...do not sign the leterr just initial it.

Once you have your list of charges, we can move on to the next step.

CAN ANYONE ELSE HELP ON THE ENFORCEABILITY OF THE ABOVE CONTRACT. please.

[brindles]

Hi.

how is it going