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Unenforceability & Template Letters III

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  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Lots of emails with additional FAQ's....

    Therefore the page has been updated - see here (toward the bottom)... #35

    Keep the questions coming please - there were some cracking points in the last lot of questions - thanks to libbyjade. :T
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Nothing changes - its an app form and the prescribed terms are not on the signatory page nor are they linked to it. It will always be an app form, it was never intended to be a CCA.

    Send the relevant letter - assuming you already sent the CCA Dispute (I hope you sent the CCA Query letter though - not that it matters much...) - now it is time to proceed with this one: Debtors Final Response - CCA Received

    Hi

    It was the CCA query letter that I sent as per the link you kindly supplied, just getting my words mixed up :p - I mentioned last time that it says "I agree to be bound by the MBNA visa card conditions of use as set out on reverse of this agreement" where I have signed but Im sorry I cant remember if you classed this a a link to terms or not ?? In any case I will send the letter you suggest. thanks for the help :beer:

    CW
  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    DGJsaver wrote: »
    3)When we do inevitable receive chasings from Scotcall/Mercers/Resolvecall etc is there a template letter somewhere saying this account is in dispute !!!!!! off...? if so , is it the same one we would send if bcard eventually sell the account off (even if still in disupte...) ?


    Cheers mate , as always



    Hello matey

    You asked me to give you a nudge re: template for the above....:D
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    chinawhite wrote: »
    Hi

    It was the CCA query letter that I sent as per the link you kindly supplied, just getting my words mixed up :p - I mentioned last time that it says "I agree to be bound by the MBNA visa card conditions of use as set out on reverse of this agreement" where I have signed but Im sorry I cant remember if you classed this a a link to terms or not ?? In any case I will send the letter you suggest. thanks for the help :beer:

    CW

    Hiya

    It was never enforceable though was it? Was it???? (can you link back to my last reply?)...

    Also, send the letter regardless - as above last few posts advise, best to try and call their bluff anyway - after all, they always need the original if they try court - a copy is not acceptable. :D:D

    Your argument will always be that you need to see an actual copy of the original to determine liability - if they wont send it you have to assume they don't have it and stand firm.....
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    DGJsaver wrote: »
    Hello matey

    You asked me to give you a nudge re: template for the above....:D

    Mate when was this? lol - sorry (bad week).... :o:o

    Will my final response letters not sort that out and cover it? I thought i'd done those letters to combat this? i.e. they say it is enforceable, you say it isn't so its stalemate?

    If that is the case then you send them a final response letter - there is one for those that sent the CCA and one for those that never. :D:D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • maz1964
    maz1964 Posts: 903 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    :)hiya Niddy

    further to your reply 462 you stated below;-

    The reason i'm telling you to go back to the DCA is 1. To teach them the law and 2. To save you messing around changing the PO. :p:p

    Make better sense? :p:p
    *****

    Exactly what i feel, hence my responding back and returning the po and getting them to deal with it, im sure i will add a few more sentences in the nicest possible way lol

    huge thanks and will look at the upto date faq and see if i can think of :Danything else

    have a fun day off to do a bit of volunteering catch up laters maz
    Sealed Pot Challenge member 1525

    "Knowledge is the Power to get Debt Free":j

    Truecall device, stops all the unneccesary phone calls - my sanity has been restored and the peace in the house is truely priceless!:rotfl:
  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    Mate when was this? lol - sorry (bad week).... :o:o

    Will my final response letters not sort that out and cover it? I thought i'd done those letters to combat this? i.e. they say it is enforceable, you say it isn't so its stalemate?

    If that is the case then you send them a final response letter - there is one for those that sent the CCA and one for those that never. :D:D


    Yeah , start of March bud...it was just some sort of generic sod off letter to DCA`s a disputed account might get passed to , wethere in house or not...you said you would do one......just to get them off peoples back who have had a non enforceable CCA returned...i have already sent the final respose letter to bcard.....it was just for when/if they get their dogs out anyway...
  • Hiya

    It was never enforceable though was it? Was it???? (can you link back to my last reply?)...

    Also, send the letter regardless - as above last few posts advise, best to try and call their bluff anyway - after all, they always need the original if they try court - a copy is not acceptable. :D:D

    Your argument will always be that you need to see an actual copy of the original to determine liability - if they wont send it you have to assume they don't have it and stand firm.....

    Hi


    Sorry cant figure out how to link but post number 2334 and 2361 on the last thread (no. 2) - How do you link ???:p
  • libbyjade
    libbyjade Posts: 180 Forumite
    Lots of emails with additional FAQ's....

    Therefore the page has been updated - see here (toward the bottom)... #35

    Keep the questions coming please - there were some cracking points in the last lot of questions - thanks to libbyjade. :T
    Oh shocks ;)

    I've checked over NID's answers and he managed to get them
    all right! :rotfl: So he can now carry on giving free helpful advice for as long as he can put up with us!
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 10 March 2010 at 5:22PM
    libbyjade wrote: »
    Oh shocks ;)

    I've checked over NID's answers and he managed to get them
    all right! :rotfl: So he can now carry on giving free helpful advice for as long as he can put up with us!

    LOL - cheeky sod! :rotfl::rotfl:

    Thanks for the questions though mate - some excellent points raised that I had missed (its hard to explain everything in one go)....

    I've just edited the last question you asked as well, to incorporate clarity into the bank charges related question - so as to avoid confusion....
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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