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Unenforceability & Template Letters III

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  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    chinawhite wrote: »
    Hi
    Thank you Jinny - yes I am blazing !!!!! I wasnt sure if they were allowed to do it , when I asked where they had got the number she said I have done a search on you ??? Where on earth would they find out where I work from, thanks for the reply and your post did make me smile :)

    They cannot get that info publicly, it is from the application you completed when you took the credit product out, or they may have searched N Hunter or the like......
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • chinawhite_2
    chinawhite_2 Posts: 108 Forumite
    Hi Nid

    thanks for the reply, will send the letter pronto - there is no way they could know where i work now as I have worked at several different places since completing the app form so Im amazed they found out and am furious that they rang me :mad:

    thanks for your help:)
  • libbyjade
    libbyjade Posts: 180 Forumite
    edited 20 May 2010 at 12:31PM
    chinawhite wrote: »
    Hi Nid

    HELP - Im shaking, have just been contacted AT WORK by MBNA, am still awaiting 1 CCA off them and have sent the CCA query letter for another and have been ignoring all call to mobile and home - but to get a call at work !!!!!! Im furious, what do I do now ??????????
    New Templates - 2 pages back!! Send this: Harassment by Telephone - At Work :mad::mad:

    I thought Niddy needed a chill pill when I spotted this, but he has just advised me that the :mad::mad: were aimed at MBNA not the poster - and apologies if it appeared they were. Phewww.

    So chinawhite if like me you thought they were aimed at you, they weren't. :D :rotfl::D If however, you are sensible and knew they were for MBNA, then I'll just butt out! :o

    He's having a beer or 3 today, so he may be a bit sensitive again tomorrow lol
  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    edited 20 May 2010 at 1:25PM
    Nah mate - leave it for 28 days.... you have proof of sending right? :D That's all that matters, its not for you to prove delivery - you sent it and have proof, that's the main thing. :beer:


    Hello mate

    Re : http://forums.moneysavingexpert.com/showpost.php?p=30401193&postcount=71 Post 71

    I am back; Barclays have got back to us now, after us sending final response letters

    The letter for the loan (you have seen the agreement and agreed with me it was unenforceable , but i emailed it to you....and discussed it on the previous Unenforceability thread) is from CDCS , are they a DCA from Barclays under a different name ? and it says the usual , pay within 7 days , details have been logged at CRA etc , says further action WILL be taken if no action on the letter , but doesn’t specify what..

    The letter for Barclaycard (which we also discussed on the old thread they sent the usual t&c`s etc no signatures etc or personalisation of the alleged CCA Copy) is from Calder’s who i know ARE part of Barclays? Saying the usual, bailiffs, attachment of earnings etc etc

    Now, i know you may say just file them in the cat litter etc, which i will if you insist, but is there a nice little template i can send them both as i hate being threatened and these two are `new` people to contact us so may need a reminder of their clients lack of sending us the enforceable CCA..


    Cheers mate
  • jadex
    jadex Posts: 797 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    edited 20 May 2010 at 1:38PM
    chinawhite wrote: »
    Hi Nid

    thanks for the reply, will send the letter pronto - there is no way they could know where i work now as I have worked at several different places since completing the app form so Im amazed they found out and am furious that they rang me :mad:

    thanks for your help:)
    facebook? linkedin?

    also your name could pop-up from your company's website (are you listed somewhere there) then they can try fishing by calling around and pretend to be customer/client (other than that someone from your work place has compromised you as he/she shouldn't transfer any call to you without your consent)

    just google your name and see what comes out

    EDIT: just realised my post number #3000 :eek: , and it is 3rd reincarnation of the thread
  • jinny
    jinny Posts: 1,889 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    New Templates - 2 pages back!! Send this: Harassment by Telephone - At Work :mad::mad:
    office2.jpg
    when nid is finished with them?:D
    ”Pour yourself a drink, (tea for me now)
    Put on some lipstick
    and pull yourself together”
    - Elizabeth Taylor
  • jadex
    jadex Posts: 797 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Just to pop and say hello to all. :beer:
    Quiet on all fronts here except of getting out of the blue the same letter as below from Creation AFTER sending them my final response a month ago.
    It has been already filed in my binder and I can pretty forget about it (can I?).
    Utopia wrote: »
    Hiya :)

    Today I have received a letter from Sears/Creation which reads as follows:-
    "Your letter of 19 Feb 10 has been passed to me for attention. I have examined all the file papers and find that you were sent a proper response to your request under s78(1) of the Consumer Credit Act 1974. Consequently I disagree with the assertions you make in your letter.
    I respectfully suggest that you have a look at the High Court decision of His Honour Judge Waksman, QC, given in the High Court on 23 December 2009 and you will find details on this on the High Court website on the following link:
    http://www.judiciary.gov.uk/docs/judgements guidance/judgment-carey-v-hsbc.pdf"

    Is this now ready for final letter Nid? (Hope so :D)

    I just want to say a huge THANK YOU for your help with everything so far.
    Much appreciated Niddy.

    XX
  • Hi NIDS,

    Have received my credit files from all 3 companies and have some questions please:

    I can find little evidence of the debts being sold on from the credit files yet in a lot of cases it is DCA's chasing me and DCA's who are being paid via the DMP I have set up. Do I send the CCA requests to the DCA or the original lender ?

    All but one have already been defaulted on my files, albeit I cannot find any letters to me regarding all of them to inform me, however I may not have filed them correctly so cannot say for sure that I didn't recieve notice. Is this important ?

    My 2 Barclaycard A/C's aren't showing on any of the reports however they are old so may have been defaulted some time ago and dropped off ?
    I'm still been paying them off.

    The Cahoot loan (2002) is a strange one. I have been paying via a DCA for some time however earlier this month Santander sent me a letter (undated) stating that they wrote to me recently (they didn't) to say that the account was being transfered to them in March 2010, no interest was being charged and I can manage the loan through contact centre support and will receive monthly statements. I know Cahoot was part of abbey, thus now Santander so do I send the CCA to them or the old DCA ?

    The MBNA loan appears to have been sold on to the DCA i.e. it shows MBNA ended the a/c 30/082005, however the DCA who have been dealing with me show up with the start date the same as the original loan and an end date of 30/07/2005 and haven't updated any payments.
    The 2 companies entries are on different credit reports.
    Do I send the CCA to the DCA ?

    Sorry for so many questions, just want to be sure.

    TIA
  • Locke
    Locke Posts: 485 Forumite
    Afteroon NID.

    Here's a quick update...

    Barclaycard

    *Sent CCA request - No reply.

    *Sent CCA reminder - Still no reply.

    *Sent s.10 Cease & Desist - Still no reply.

    About 2 months later they sent me a letter saying thank you for the letter and that they will be sending my agreement separately, well today I received a letter from them saying 'Thank you for requesting a copy of your Terms & Conditions':tongue:

    What do I reply with?

    Capital One

    I sent out 14.2 Harassment by telephone letter, today I got a reply saying the reason they keep ringing is because my account is in arrears and they don't know why I haven't paid (O RLY) they also say that they are sorry if you find it harassing but tough !!!! basically as they will continue to do it until you pay up.

    Advice on my next move with that one too please.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 20 May 2010 at 3:38PM
    libbyjade wrote: »
    I thought Niddy needed a chill pill when I spotted this, but he has just advised me that the :mad::mad: were aimed at MBNA not the poster - and apologies if it appeared they were. Phewww.

    So chinawhite if like me you thought they were aimed at you, they weren't. :D :rotfl::D If however, you are sensible and knew they were for MBNA, then I'll just butt out! :o

    He's having a beer or 3 today, so he may be a bit sensitive again tomorrow lol

    Cheers mate - that's right, it was aimed at the DCA/Lender - not chinawhite :p:p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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