Unenforceability & Template Letters II

NID, may I ask, I've sent my CCA requests and, when I left home about five days ago (for two weeks) I was at 15 days since said requestes should have been recieved by the creditors (infact, I know they were as they were signed for).

However, with being away, I have been unable to send follow-up letters.

When I get home late next week and look to send the follow up letters giving thirty more days, do I account for the time I've lost by being away or does the letter actually mark the start of the 30 extras days?

Cheeeeeeeeeeers

never-in-doubt wrote: »

Just send the dispute letter mate and give them 30 days from the date you send it, it doesn't really matter either way - basically you can irritate them and demand they stick to deadlines (good luck lol) or you just chill out with it and appreciate it will not be a quick-fix, and let them dig deeper holes. i.e. if it ever went to court you'd say 'but judge, they disregarded the legislative timeframes' etc etc - it all helps you. As I always say, do not do their job for them - let them make their own mistakes.....

Thanks fella. I expect to be unable to open the door when I get home for the mountain of CCAs (hopefully all unenforceable) piled up on the doormat.

I'm gonna have some scanning to do!

Hi NID,

As usual, an unbelievable set of templates and letters.. A massive debt of gratitude to you for doing this...:beer:

I received the responses from the first template letters - from Halifax, they wrote..
I have enclosed with this letter a copy of your reconstituted version of the executed agreement, a copy of your current terms and conditions and a signed statement of your account. (No signature I hasten to add...)

The copy of the agreement enclosed with this letter complies with the requirements of the consumer credit (cancellation notices and copies of documents) regulations 1983 (the "Regulations").
Regulation 3(2)(b) provides that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with your clients signature on it. By providing a copy of the agreement complying with the requirements of the regulations the agreement remains enforceable.

By providing you with documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. As such, the agreement you have with us, is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the requirements relating to the provision of copy agreement. If you are using the services of a claims management company, we would like to remind of of the recent warnings issued by the Ministry of Justice and CAB. You can find more details at ........

Blah blah blah...

However, the details they have issued everything is in place, ie all the prescribed terms, but my question to anyone on this, is I think this CCA now includes all the prescribed terms regardless whether this is my actual CCA. I think this is a generic letter sent out, to people like us trying our luck. In the first letter we sent out, I the template doesn't mention anything relating to "Unenforceability" - yet they use this term in their letter. I think they are getting wise to this terminology.

Any thoughts NID? or anyone..
Thanks

Thanks NID, as confirmed in your post to Captainhaggis, should we all submit the dispute letters and wait for the lenders to confirm otherwise - or as you put it (post 41), wait for them to mess up?

All my agreements are pre 2005 - so based on this, is this a better course of action to take?
Thanks

Hi. Just a quick question.

My mum had a loan in June 07 and the APR they quoted on the agreement was 18.1% (variable), however on checking and working it out via this site:
http://www.prudentminds.com/apr-calculator.html
...it has worked out to be 23.9%

As this is a different figure, is this not false information and therefore unenforceable, or are they covered by the fact they have put "variable" after their 18.1% figure?

Thanks.