Unenforceability & Template Letters II

Hobbit_2 · 20 January 2010 at 12:48PM

Can I just join the ranks of those with a few brain cells or more and say a big thankyou to NID ( and Fermi, obviously!) for all your advice over the past few months - I'm still ploughing away through various problems, but your advice has given me the confidence to put several bullies to flight over the phone and solicit a few grovelling letters along the lines of 'we can't find your CCA but please please please keep paying us...!!'
I am not surprised that savysaving hasn't revealed his true identity, but I am surprised that his posts haven't been removed completely after that disgusting tirade that pepe2008 quoted. Get rid of him, he's a disgrace.
For what it's worth, NID, your patience with those of us who are new to all this and occasionally (!!) ask stupid questions because we haven't checked out previous posts...(I know, who would do such a thing..??!) and your unfailing support for anyone who asks for it are priceless. Thanks again old chap!

chinawhite_2 · 20 January 2010 at 1:23PM

never-in-doubt wrote: »

The guy doesn't have a clue and like you, I feel he's better on ignore then I don't need to read his twisted drivvel. I think though, he's been put to shame as plenty of you guys have come by confirming he's talking carp!...

Regards to the dual agreement, you'd know if it was. I am talking about something similar to the Lloyds TSB Dual or the old HSBC Card that came with a Visa & Mastercard and shared one limit.... both these would have 1 x CCA as it was one account you applied for, but got 2 cards with one limit.

What I mean is you may have got 2 cards but one account (and limit). If you got 2 accounts (i.e. 2 monthly statements) and had 2 credit limits then you need 2 CCA's.

make sense now lol?

Hi

sort of !??! - one is an egg card and one is egg money, i dont get paper statements but they both come under the same online banking log in but they are then itemised as egg card and egg money, both have different credit limits and different interest rates.

If i now need to request CCA's for both what is the best letter to send as I have already sent the £1 letters for each account separately.

Thanks for the help:D

Dojo_Jo_Jo · 20 January 2010 at 3:50PM

Hi Niddy,

CCA Dispute/Template 4 letters sent late December 2009.

Only had one reply from HBOS with a reconstituted copy of an agreement. They have found a signature from somewhere and pasted it on. Whole form including dates not in my handwriting with loads of information on the copy incorrect i.e. left the employer noted on the form a year before the signature date, income of me and spouse clearly made up, credit limit handwritten and wrong and the best bit of all they have me ticking the PPI box which I would NEVER and have NEVER done and have never paid a premium for. Classic! I will assume they have not got the original (otherwise details would be correct) until I hear otherwise.

Assume I ignore all of them and sit tight now?

Thanks for your never ending patience!!!!!

burton_trade_kitchens · 20 January 2010 at 4:48PM

Hi NID,
You'll probably remember me rambling on about this a week or so ago..but I am still a little unsure how to proceed with it...Your help would be appreciated.
I am getting on great with my cca requests. One has sent back a reconstituted agreement to me within the 12 day limit.
It is for a credit card that I recieved without asking for it when I took out a personal loan with a building society. I am almost positive that I never either recieved or signed a credit agreement for the card.
I am starting to get defaults from the other lenders that I have sucessfully cca'd which is fine by me if it gets me out of paying.
My problem being that the one with the reconstituted agreement now want payments to start again. I do not really want to pay this credit card back especially as my credit rating is now effected anyway.
What can they do if I refuse to pay ???? Can I say take me to court as I am sure that the reconstituted agreement has been made up from details from my loan agreement with them.
What would be the outcome in a court room do you think if I said that I was sure there never had been an agreement and demanded to see the so called origional as proof ??
Am I barking up the wrong tree do you think or should I just pay this one.
Thanks again for your time and valuable help mate.

Numpty_Monkey · 20 January 2010 at 5:22PM

For savysaving

fto · 20 January 2010 at 7:27PM

Hi NID,
I have decided to go down the unenforceabillity route.I have had Natwest & A&L cards for around ten years.The problem is, I have not paid the last 2 months payments, I have had a change in wages & Its either pay them or the mortgage.I know I should have acted sooner,but I put this to the back of my mind.
A few days ago I sent them a letter I downloaded, asking them to freeze payments & interest for a month. I have had letters from them saying if I do not pay by friday,they will pass it on to debt collectors.
Can you give me any advice,this is quite new to me I have always had a excellent credit history.

never-in-doubt · 20 January 2010 at 8:26PM

James3891 wrote: »

Hi NID,

Could use a bit of your advice please.

£500 Vanquis debt 3.5 years old no payments/acknowledgements made in that time.

CCA'd first DCA around July 2009 got no response at all to this day , as i was sorting a load of my mums other debts for her never got round to sending any follow up letters.

Recently new DCA taken it over , i know from advice here i need to send the hand it back to them letter but wondered if i now need to send a reminder of being in default/breach to the original DCA or if they'll accept it back in dispute purely as they never replied.

Really appreciate it,

James

Hiya

Ok, so as it is so far gone you really want to avoid personalising things and look for Statute Barred.

It'd be better for you to send this letter to the DCA that has written to you and send a copy of your last CCA Request so they can see that you did send one.

11. Account sold whilst in Default of CCA Request

Whatever you do, make sure you change the wording of this letter from anything that states 'my' to 'alleged'.

never-in-doubt · 20 January 2010 at 8:29PM

munchins wrote: »

Really sorry to butt in here, I apologise if the etiquette is not being observed.
NID, very new here but reading your advice you have certainly given me some hope with my problems. Your advice and help is greatly appreciated.
Just a quick question: have their recently been some cases where County Courts have given judgement in favour of creditors despite unenforceable agreements in place!
I've just requested some CCA's as I have Mercers and Cap 1 on my case and worried about this route.

Hiya

etiquette is fine at this end

Perfectly normal question to ask but I did post late last night (this morning) that the thread was updated and to read page #1. There is a clip there showing the recent judgements and what they mean, basically nothing has changed.

In order for a lender to consider enforcing a debt (enforcing means any legal action) they must provide an original agreement or the judge has to accept unenforceability in line with s.127(3) of the CCA.

The recent Carey v HSBC case was unique and will be appealed and end up a full trial, we'd assume. The judge had pretty much decided before anything, the verdict and he was wrong in several aspects.

So to proceed with a CCA Request is perfectly fine.

never-in-doubt · 20 January 2010 at 8:34PM

pepe2008 wrote: »

Dont assume that the Judge will know what he/she is doing in regard to the CCA1974. Thats why its important to get your situation sorted before it gets that far.
Which is why information and help such as that from NiD and others ( obviously not that bed-wetter 'savysaving!) is so useful in preventing Creditors taking you straight to Court before you are aware of your REAL RIGHTS.

You're right mate, basically the lenders seem to be jumping on the bandwagon of the Carey v HSBC {Test} case but they are either daft or just don't understand the law!

They are now starting to say that as a result of this case they can send pretty much what they want and we have to accept it. What they fail to say is that although they think this is correct, little do they know that we actually know what is really correct and that is that the lender or DCA can do sweet F.A without an original agreement. They can add a default or ring me all they like but they cannot take me to court or obtain any public adverse data such as CCJ's. That is all i'd be bothered about myself.

pepe2008 wrote: »

...I think I saw some trolleys in the Tesco car park that need tidying up, off you go, savysaving, back to your day job...

Classic :T :rotfl: :rotfl:

never-in-doubt · 20 January 2010 at 8:37PM

Hobbit wrote: »

Can I just join the ranks of those with a few brain cells or more and say a big thankyou to NID ( and Fermi, obviously!) for all your advice over the past few months - I'm still ploughing away through various problems, but your advice has given me the confidence to put several bullies to flight over the phone and solicit a few grovelling letters along the lines of 'we can't find your CCA but please please please keep paying us...!!'
I am not surprised that savysaving hasn't revealed his true identity, but I am surprised that his posts haven't been removed completely after that disgusting tirade that pepe2008 quoted. Get rid of him, he's a disgrace.
For what it's worth, NID, your patience with those of us who are new to all this and occasionally (!!) ask stupid questions because we haven't checked out previous posts...(I know, who would do such a thing..??!) and your unfailing support for anyone who asks for it are priceless. Thanks again old chap!

Thank you - how nice to read these things

If you all click the little report tab next to the muppets posts then they will remove him soon enough - although he'll probably just rejoin as another loser!

Go to his posts and click this - I have several times!:

edit at 00.25am (21.01.2010) - 2 of his vulgar posts have been removed! Now we just have to get him removed!

Unenforceability & Template Letters II

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