Unenforceability & Template Letters II
Comments
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Brilliant new thread N-I-D.
To be honest I am actually really worried about the baliff part....this one of the reasons why i struggled and kept up with the payments. I will read the thread you posted regarding baliffs. Has many of you guys had baliffs around? I have heard they can get really nasty.
just one quick question...can i send a cheque to them....my signature will be on it obviously.....but you mentioned not to sign any letters that i send to them. But they can get the sig from the cheque right? and if i send them a postal order instead, what proof would i have?0 -
Brilliant new thread N-I-D.
To be honest I am actually really worried about the baliff part....this one of the reasons why i struggled and kept up with the payments. I will read the thread you posted regarding baliffs. Has many of you guys had baliffs around? I have heard they can get really nasty.
just one quick question...can i send a cheque to them....my signature will be on it obviously.....but you mentioned not to sign any letters that i send to them. But they can get the sig from the cheque right? and if i send them a postal order instead, what proof would i have?
Hiya
Honestly don't go worrying about bailiffs! They have as much law as you or I - let me elaborate for you..... worse case scenario but hey - should make you see where i'm coming from:
Bailiff turns up at my door, I open it and he says he's a bailiff and tries to walk in. I block him and warn him he cannot enter. He continues so I smack him in the mouth and he calls the police.
The law: I restrained a stranger with no formal government ID (therefore I could refuse access) and he tried to push past me so using self defense I cracked him in the mouth. He would be arrested - not me.
The bailiff comes and breaks in - Breaking & Entering.
The bailiff comes armed with the police - they are only there to keep the peace and have no power to force you to let the bailiff in.
Make sense now? Do not worry about them!
Re: Cheque payment, yea go for it - just sign it slightly different (your bank won't check it being its a small value) ....... do a deliberate typo and add an extra letter to your name or sign slightly different that would be easy to prove if you needed to go to court (i.e. surname smith = signature smithy!).....
2010 - year of the troll
Niddy - Over & Out :wave:
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What exactly is a True Copy - the same old question that is so difficult to comprehend....
The following is an extract from recent correspondence between the OFT and a complainant - it should hopefully clarify the meaning of what is meant by the terms 'True Copy'True Copy - A Definition by OFTA ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement.
The name, address and signature of the debtor do not have to be provided. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due).
However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the lender has no original copy, they will have difficulty showing that they have complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original.
When the lender comes to enforce the debt in court, they need to have a signed copy of the agreement in order to enforce. As the law stands, currently they cannot otherwise.
EDIT: Further to discussions with Fermi, it appears although the above is a direct quote from the OFT, it does not constitute law and for all intent and purposes; your name and address should be clearly visible on the agreement regardless what the OFT may say on the matter.
Interesting Story relating to 'copy documents' here: The Guardian Story & the actual thread on Consumer Action Group (the person is a Cagger).... 2010 - year of the troll
Niddy - Over & Out :wave:
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Great post. Certainly cleared up a few things for me.never-in-doubt wrote: »What exactly is a True Copy - the same old question that is so difficult to comprehend....
The following is an extract from recent correspondence between the OFT and a complainant - it should hopefully clarify the meaning of what is meant by the terms 'True Copy'True Copy - A Definition by OFT
The 'copy' also doesn't need to include the signatures of either the debtor or the lender.... right?
So be using the powers of deduction, one can almost assume with some certainty that if the bank sends a 'copy' that HAS been signed by the debtor and the signature is visible, but no address or name details are mentioned, those details probably aren't there in the original (why bother blanking out some of the data allowed to be removed and not other parts of it?).Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Hey N-i-d
Welcome back!!) any luck with that Cabot letter I emailed you last month? Have also had a response from Littlewoods so will get that one up on here (without the details this time, lol!)
Thanks
PinkyA&L charges WON - Barclaycard charges WON - MBNAx3 charges WON - Halifax charges WON
Still fighting: Next/Cabot default - Littlewoods/NDR default0 -
Well done, another good thread.Bank Accounts - Barlcays Premier[/B] - £1000 o/d, HSBC - £200 o/d- First Direct - £500
Credit Cards - Barclaycard £2000 - Silver Card £1300 - Flybe £7500 - HSBC £1000 - First Direct £2500 First Direct Gold £3000
6 credit accounts closed in 2010!
Official SOS Club number 001 - Dry until 01.07.100 -
Hello again NID
I have checked Experian and Equifax and myNatWest card the one which they admit is not enforceable is not registered with the CRAs. I am confused as to why not as was checking to see if i had been defaulted before i sent the three letters off to the CRAs.
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Hello again NID
I have checked Experian and Equifax and myNatWest card the one which they admit is not enforceable is not registered with the CRAs. I am confused as to why not as was checking to see if i had been defaulted before i sent the three letters off to the CRAs.
If it doesn't show on Equifax/Experian then leave it - don't send anything lol...... just leave sleeping dogs lying and make an application for whatever credit you need before they do default you (if they are even planning on it of course)....
2010 - year of the troll
Niddy - Over & Out :wave:
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pinkerton_angel wrote: »Hey N-i-d
Welcome back!!) any luck with that Cabot letter I emailed you last month? Have also had a response from Littlewoods so will get that one up on here (without the details this time, lol!)
Thanks
Pinky
Hiya
I'll sort this for you this week - promise (you need to come online more regular lol) - 2010 - year of the troll
Niddy - Over & Out :wave:
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Thanks NID. Ill just leave it be for the moment. Waiting on my Virgin CCA to be returned it will be 14 days tomorrow.
Thanks again for replying to all my questions0
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