Unenforceability & Template Letters

Jackswan_2

Jackswan wrote: »

Thanks N-I-D.
I have looked at what I would call a generic CCA which has been described by Sainsbury's as a reconstituted version of the executed agreement. Strange word to use - reconstituted - meaning - to provide with a new structure.

My interest is in the original document which they are trying to suggest they don't have to supply, not with a signature anyway. The CCA document forwarded is a new structure, granted it gives interest rates etc., but they are rates today not when I joined many years ago, the minimum monthly payment 2,25% of money owed, etc., all todays details.

Thanks N-I-D, a letter is on its way today to Sainsbury's Bank plc. I have long ago realised that Banks generally, are uneconomical with the truth.

matty4113

Many thanks.
So am i right in thinking now that it is in dispute they cannot add any interest on? meaning if i continue to pay i will be paying the balance off the card and no interest? I can imagine it will not be as easy as this, i guarantee they will continue slapping the interest on!

never-in-doubt

matty4113 wrote: »

Many thanks.
So am i right in thinking now that it is in dispute they cannot add any interest on? meaning if i continue to pay i will be paying the balance off the card and no interest? I can imagine it will not be as easy as this, i guarantee they will continue slapping the interest on!

Matty you're really not listening to me mate. Forget what the rules say or do not say - the lenders will do what they want and let you argue it after the event.

They should not charge interest but then why pay unless the debt is enforceable? The rules suggest you stop paying and no charges are added, obviously the rule book doesn;t plan on people doing half a job and paying when you shouldn;t be.

Following me...?

I think you need to make a stand and go with it or don't. I personally don;t have time for these silly questions, sorry but they are getting worse. Page 1 explains all the permutations and scenarios - if you read the letters they clearly say what can and can't be done.

Hope that helps mate :beer:

matty4113

Ok no probs, I'm new to this but starting to understand more clearly.
I will leave lloyds as it is and continue with A&L.

Il let you know at the end of the 30 days what has happened.

Matt

never-in-doubt

matty4113 wrote: »

Ok no probs, I'm new to this but starting to understand more clearly.
I will leave lloyds as it is and continue with A&L.

Il let you know at the end of the 30 days what has happened.

Matt

Good man. At this stage you're simply requesting they provide the document (CCA) so whilst you wait for it, its time to decide if you'll pay or cease payments..... no1 can make that decision for you i'm afraid...

Keep us updated matey :beer:

debt_obsessed

Hi there,

I've been reading through various threads about CCA's and this one seems perfect for me as I don't really understand the whole process but thanks to your template letters and steps, I'm going to give it a bash.

I currently have about £29.5k worth of debt divided up between 8 DCA's. I currently run my own DMP with them and always pay on time and have done for the last 2 years. I'm not wanting to shy away from my debt but it would be amazing if I could help myself out a bit!

I'm going to send out my first batch of CCA request letters this weekend and see how I get on. My aim is to hopefully negotiate significantly lower F&F payments with them to just clear everything a.s.a.p.

Thank you for your templates - I'm sure i'll have questions along the way and feel free to tell me if I'm doing anything wrong!

fatboyonadiet

So how exactly does this work? From my understanding of reading the thread you're using a loophole which means they can pursue for the debt if you have an old credit agreement?

Does this only apply if the debt has been constant? I.e. if you took out a card before 07 but have moved the debt around a few cards every 6/12 months to take adavantage of the promotional rate

NickX

fatboyonadiet wrote: »

Does this only apply if the debt has been constant? I.e. if you took out a card before 07 but have moved the debt around a few cards every 6/12 months to take adavantage of the promotional rate

If you have balance transferred a debt to a new provider, you will have entered into a new CCA (Consumer Credit Agreement) with the new provider. They have simply settled your previous debt by way of a Balance Transfer. So, the chances are you will now have post April 2007 CCAs which are generally much more watertight. So your probably out of luck.

never-in-doubt

fatboyonadiet wrote: »

So how exactly does this work? From my understanding of reading the thread you're using a loophole which means they can pursue for the debt if you have an old credit agreement?

Does this only apply if the debt has been constant? I.e. if you took out a card before 07 but have moved the debt around a few cards every 6/12 months to take adavantage of the promotional rate

As NickX says, unfortunately you'll struggle if you've changed products. If you have the same card, but maybe they have given you a promotional rate then this is different - it all depends on whether you had a new product or just a new offer on the same product pre 04/07.

Jackswan_2

I am helping a family member deal with Barclaycard. They had followed this thread and the template N-I-D had prepared. They have had a response which is-
Thank you for contacting us. Enclosed with this letter is a copy of your Barclaycard Terms & Conditions. If you need any extra information or if you've any questions then visit our website www.barclaycard.co.uk or give us a call.
Thank you for choosing Barclaycard. We appreciate your custom.

I have read that Barclaycard are more awkward, if that is possible, than other credit card companies. Would this response require the same letter - Failure to comply with Consumer Credit Act 1974 ?