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Unenforceability & Template Letters III

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  • elsie52
    elsie52 Posts: 1,902 Forumite
    I am sure Niddy will be on here later if you want to check anything with him.


    June 2010 - 11/56 lbs Weight to lose before May 2011.
  • swanfan02
    swanfan02 Posts: 1,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    never-in-doubt wrote: »
    No prescribed terms linked to the original application matey = unenforceable.

    Yea, they have attached some random terms, but now look again - more closely to the two pages:

    Page 1 - the reference down the right hand side looks like: 119694076 but on Page 2, at the top left corner you see a number 4 (page number) and a reference similar to C/1570601/RL - these are clearly different terms to those that came with the application. Out of interest, where are pages 2 & 3 and where is the links to the terms that mention part 16 (as defined on the siggy page?).... have you seen/got these missing pages?

    You should respond with this: CCA Query :D
    Hi Niddy, well thanks to your advice & letters Robbersway(Robinson) have closed their file & sent it back to Barclayshark, so cheers mate!:beer::T:T
  • scarednshakin
    scarednshakin Posts: 277 Forumite
    Got reply today from Apex today, they are referring back to Barclaycard :beer: Thanks Niddy n Gang
    :idea: Had lbm, switched it off too many times. Now am trying to sort my life out :T:T

    :T Proud Supporter of Niddy :T
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Seems Lloyds have joined the forum, under some hidden guise. I know who the user(s) are but am awaiting my proof before approaching them directly.

    In the meantime please be uber careful about what you post on here, it's fine - they have no special powers, they are the same as everyone else. However they are now trying to argue the finer points of s.78 within their replies of late, suggesting that you guys don't seek internet advice etc etc....

    What they really mean is that they are losing this big-time and are starting to get worried. I'll happily continue to fight them, being they are amateurs in their responses, however you guys need to take caution in what you post about them. They are here, reading things, seeing our responses and trying to be wise. They will lose. The law is simple, they are in breach ergo they will lose.

    When I have 100% proof I shall name and shame the user behind Lloyds TSB interests, however in the meantime play caution with the responses on here.

    I will reply to jen_br letter on the thread so Lloyds can see that the alleged internet advice that they feel is "misleading" actually dispells their theory in its entirety. s,78 is quite simple within itself and they would do well to sit down and read up on it, learn the finer points and stop confusing different acts within their replies. For instance they still have this firm belief that drawing on an account (i.e. spending) is admittal to liability and thus makes it enforceable - then in the next sentence they say the advice recieved on here is incorrect! Shall I say that again or do we all see where i'm going with this?

    Sooo, i'll respond in kind to jen_br later, in the meantime stop being personal about anything Lloyds send you - stick to PM's for the time being until we establish 100% the identity of the user.

    Have fun everyone, i'll be back soon with a reply to jen_br. :D


    p.s.     Lloyds Staff - get a grip, you really don't wanna fight with me over this - you will lose! :rotfl:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    carol01 wrote: »
    hiya n-i-d and everyone
    had reply back from moorcroft they have sent me a 1.00 cheque back as argos don't have my agreement :T i have looked at the flow chart but cannot find a letter to send when they say they don't have a copy of the cca what letter would i send next?.
    also a letter came through from moorcroft saying notice of possible litigation are they planning on taking me to court?
    thanks for your help in advance :)

    Send this: Debtors Final Response - No CCA Received

    They cannot take you to court can they? They do not have the agreement, see my signature!
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    discojam wrote: »
    Hiya Niddy, I managed to scan them! woo! I've PM'd you for your email address..

    This is the letter that came with the CCA:

    This is from Lowell Financial

    Ive not had a PM? I'll PM you my email address, send me the agreement etc and lets take a look - will be done on Monday now, so no rush! :beer:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    maz1964 wrote: »
    hiya niddy and gang

    fab i love that letter will be wizzing that out today of course recorded delivery, will do it 2nd class since i know without the proper cca they would be fools now to start any court action unless they can provide the original to the court am i right in this?

    cheers catch up later maz

    Hiya

    They cannot take any court action without the original agreement, you're correct (see my siggy at bottom).

    Regards to first or second class - you should send things first class recorded - the reason being, this is how we classify dates and times allowed prior to next steps, for instance the CCA Request allows 12+2 days (the +2 days is postage allowance you see).....?

    However not to worry, just make sure you send it recorded. :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    hayley5 wrote: »
    Wow that's brilliant, thanks so much for your reply. I'm not sure if i'd stop paying, (it's more the peace of mind that i'm looking for at the moment) but good to know the rules are nationwide. Will get reading! :)

    Ok no probs, but why pay an unenforceable already defaulted debt? Makes no sense! Best of luck. :beer:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Fitzer2000
    Fitzer2000 Posts: 308 Forumite
    Hi NID, I have sent a number of CCA's on Friday. I'm feeling quite apprehensive now. Can I have please have your support and advice in the coming months. Thnaks
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    jen_br wrote: »
    .... Off to go wallow in my own self pity lol

    jen

    Calm down (bit late now, I realise that)..... Lloyds are incorrect, ive seen your email and it's laughable. I will respond to it for you sometime over the weekend/Monday. Just stay calm, they do not have a clue, as will become apparent in my response to them which I shall, make public on here for all (including them) to see.

    See here regards to a waring about Lloyds: #3359

    Now calm down, enjoy the weekend and stop feeling sick ok? :beer:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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