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Unenforceability & Template Letters II

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  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    leemuddywaters wrote: »
    Really! Worse than I thought then, any advice on a plan of attack? I spoke to a mortgage advisor on friday who's advice was to settle defaults and wait for a year before applying for a mortgage.

    Would you say theres a fair chance if the accounts go back to 2005 they may not have all paperwork in-tact?

    I've ceased payment to the DCA with the egg loan, concerned they may issue a CCJ.

    Chances are even with a paid default there is no guarantee of a mortgage. You may just have to wait until the defaults are at least 3 years old.

    Paying them would not change any mortgage decision. However if EGG start CCJ proceedings then make an offer to pay, if you're concerned...?
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • leemuddywaters
    leemuddywaters Posts: 256 Forumite
    never-in-doubt wrote: »
    Chances are even with a paid default there is no guarantee of a mortgage. You may just have to wait until the defaults are at least 3 years old.

    Paying them would not change any mortgage decision. However if EGG start CCJ proceedings then make an offer to pay, if you're concerned...?


    Thanks, question is though should I go down the unenforecability route? If so what letters should I send off?
  • cejsmith
    cejsmith Posts: 91 Forumite
    never-in-doubt wrote: »
    Come on mate - tell us the starting limit with the HSBC Prem and the limit when you ceased using it...... :confused::confused:

    Don't be so coy :D:D

    £9k

    Total credit cards, must be getting on for £80k limit
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    leemuddywaters wrote: »
    Thanks, question is though should I go down the unenforecability route? If so what letters should I send off?

    The CCA Request from Page 1 would be a good start - its all explained in detail there mate. :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • cejsmith
    cejsmith Posts: 91 Forumite
    http://s874.photobucket.com/albums/ab302/cejsmith/barclays%20select/

    Here is the latest letters I have received from Barclays re a revolving credit account. I don't think again they match the requirements of the cca 1974 and even though it may appear that I signed them I didn't date them.

    I look forwards to hearing your comments.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    cejsmith wrote: »
    http://s874.photobucket.com/albums/ab302/cejsmith/barclays%20select/

    Here is the latest letters I have received from Barclays re a revolving credit account. I don't think again they match the requirements of the cca 1974 and even though it may appear that I signed them I didn't date them.

    I look forwards to hearing your comments.

    The prescribed terms are not intact - where is the breakdown of interest, the rate and the credit limit? :confused:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • cejsmith
    cejsmith Posts: 91 Forumite
    never-in-doubt wrote: »
    The prescribed terms are not intact - where is the breakdown of interest, the rate and the credit limit? :confused:


    Sound good which letter should I send next and , do you know if I makes any difference that the app is signed but not dated?

    Thanks
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    cejsmith wrote: »
    Sound good which letter should I send next and , do you know if I makes any difference that the app is signed but not dated?

    Thanks

    Send this letter: 3. CCA Query

    It is not for you to mention the lack of prescribed terms, let them tell you what is missing. You do not list them and do their job, you simply send the letter which says the prescribed terms are not intact - thjat is good enough..... i.e. you're telling them you know summat aint right :D

    The fact an agreement is not signed does not allow for unenforceability, no!
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • terimon
    terimon Posts: 118 Forumite
    Hello NID. Even though my Virgin Credit Card was done on line and i ticked a box and it looks enforceable is it worth me sending off a query letter anyway?
  • moo_cow
    moo_cow Posts: 281 Forumite
    edited 23 November 2009 at 12:20PM
    Hi NID, I have recieved this letter this morning, which to be honest is no surprise as I said in my previous post I still have the original credit agreement which I never returned. Basically, all they have sent me is a copy of an agreement someone would sign if they were opening an account now. it's all blank spaces. so in respect of Lowells, what action do I take next?

    This was for the shop direct account by the way.

    We refer to a recent request for a copy of
    your agreement.
    Unfortunately we are unable to loacate a
    copy of an executed agreement, but for
    your information we enclose a copy of the
    current agreement which applied to this
    type of account. This version includes all
    contractual variations which have taken
    place.
    According to our records, the account was opened
    on 04/08/2008. You agreed to make payments
    every 28 days.
    If a third party is acting for you, please pass
    a copy of this letter to you representative.
    yours sincerely.
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