Unenforceability & Template Letters II
Comments
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captainhaggis wrote: »Ummmmm, Lloyds Loan, Lloyds Card, MBNA Card, Egg Card, Smile Card, another Smile Card. That's six I think. Yup. Six.
LOL, what are you like! Ok, so anyone come back confirming its unenforceable yet then?
And where are you, i.e. you keep saying you're away from home - you're not on holiday are you? (saddo springs to mind hahaha) :rotfl:
2010 - year of the troll
Niddy - Over & Out :wave:
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Totally_indebt wrote: »Hi NID,
My question relates to the above paragraph - can they enforce this, using a copy agreement at the date the card agreement was made? This in my view, means they they dont have my CCA at all?.
No they would not be able to enforce anything without the original (i.e. it needs your signature on it) - otherwise they could just make agreements for anyone couldn't they?
You need to send this letter matey: 4. CCA Dispute
Notice it has a section (pay attention to the bold red text) - what they sent you will not be signed, is it?:The document that you are obliged to send me is a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. 2010 - year of the troll
Niddy - Over & Out :wave:
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You're the best NID...
If only you was in a pub, i'd buy you a drink or two :beer:
Will send that off today!
Thanks0 -
Hi NID - sorry got carried away, in answer to your question, they did send through buched together with my previous post, a letter, not headed, but includes details relating to replacement cards.
I am pleased to enclose your replacement NatWest Card etc etc.
1.- Sign your card
2.- Destroy your old card
3.-Start using your card
Yours sincerely
Mr XX XXXXX
Head of Credit Cards
And overleaf is the copy, which I have from my statement, of the Credit Card Agreement regulated by the Consumer Credit Act 1974. Again, this is not signed nor have I signed it.
Thanks0 -
Replacement cards do not confirm anything. We do not argue the fact you had the card/debt but the critical point is they need to provide an agreement in order to pursue any alleged debt cos without it, the debt is just that - alleged!
Don't worry, just send the letter as directed..... all will be well unless they provide a copy of your original agreement...
p.s. I'll take a Stella please lol 2010 - year of the troll
Niddy - Over & Out :wave:
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You and me both!
:beer:
And its only Monday - its enough to drive you to drink!!!0 -
Hi NID,
Just another point on the above couple of posts. The dispute letter has gone recorded today, however, is this when I stop paying an amount to NatWest?
The next due date is 25th - so as this dispute letter will have been received by this date, I am assuming I cease payment, going forward?
Thanks0 -
Hiya
Stop paying if you want to, i'll never say definitely do that - its up to you, but I wouldn't be paying if it were me (i.e. i'd have already stopped) lol 2010 - year of the troll
Niddy - Over & Out :wave:
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NID I still love you.
If you ever drink near Wimbledon beers are on me!
And i mean that.0 -
Had a few too many tonight. Got a no on a job (my first job interview ever and i am 36) i thought i should easily get and to be honest could do blindfolded tonight. So i am very upset. Massive debts, no chance of a job. two failed attempts at IVF and a big split up with the missus its all abit dull in the Terimon household0
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