Unenforceability & Template Letters

fermi

Malky wrote: »

Saw a bit in the Sun paper yesterday on how someone successfully got £8500 wiped out. Can't remember the card company. Anyhow it seems the person requested no PPI but was still charged it anyway.

MBNA.

MSE News: PPI misselling leads to £8,000 debt write-off

catwoman150

fermi wrote: »

MBNA.

MSE News: PPI misselling leads to £8,000 debt write-off

I think that everyone is in the same situation who has taken out a credit card from MBNA or other card companies because the credit card companies have not told any of us that they have serect commission that they are getting when they sell PPI and other things to customers.

I would like to know what happens to the rest of us and we are all in the same position.

Finefoot

I am interested to know too. Especially as they have told me my policy was cancelled when I tried to use it. They are now chasing me day and night for money.Even after i have gone to bed!

Rubychivers

Martin please help. I got a reply today from Halifax credit card, after I sent a request for my CCA. The reply was;
'I write to in response to your request for a copy of your consumer credit agreement under section 78 of the consumer credit act 1974 (cca). 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 you account. (Nothing with my signiture on it). 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 enforeable. By providing you with the documents attached to this letter, we have satisfied our obligations 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 requirments relating to the provision of copy agreement. If you are using the services of a claims management company (which I am not, just your help) we would like to remind you of the recent details about warinings issued by the ministry of justice and citizens advice bureau..... finallly we remind you that failure to make payments under this agreement will result in collection activities and any default may also be reported to Credit Reference Agencies. (I am still making payments).
Can you help with a good reply letter, not sure your templates are specific enough to their letter. What do you think?
Thanks Rach

ratcatcher1_2

I have been recommended to go on a DMP and have spoken to the Consumer Credit Counselling Service about this. If I do go on a DMP how would this affect claims I have in progress against MBNA and Mint, and if I wanted to pursue my other credit card companies. Does this weaken my case against them? Or does it affect the DMP at all? I did ask the CCCS but they weren't sure.

thanks for your help

Cahoot_hater

Cahoot_hater wrote: »

Hi NIDS,

I was about to send of the remider letter to them today and as it happens I received a letter from Natwest today. The letter they sent me is identical to the one they first sent me.

see here: http://forums.moneysavingexpert.com/showpost.html?p=24097669&postcount=982

The only difference is the date on the letter.

Now I can only guess that they don't have the original default notice, termination notice nor the CCA.

Looks like they are hiding behind the bush here or taking the pee.

What's my next point of action, any ideas, is it time to start a claim?

Anyone know what my next point of call should be??

tombutler2000

Had an Asda (Santander now?) branded card which I was unable to maintain payments on. CCJ was issued against me and I am negotiating monthly payments (can’t afford the default payment amount). Payment is to be made to CL Finance/Howard Cohen.



With a CCJ issued can I still go down the road of firing CCA requests to see if the original agreement is enforceable? If so should I send this CCA request to the original CC provider or to the DCA the debt was sold to?


Any thoughts or advice would be appreciated.

never-in-doubt

Cahoot_hater wrote: »

Anyone know what my next point of call should be??

I answered mate - just ignore it if its a duplicate of one you already replied to.... :j

Biglad_UK

Never in Doubt,

I've read all of this thread so far and thanks for all your hard work, perhaps you could start a donation account for people to thank you.

I'm just about to start this process to see if I can do anything with my 9 credit cards. All of them are perfectly managed so I'll keep paying to try to avoid any defaults....for the moment.

Just one question for the moment, I know you've mentioned this but I just wanted clarification, when you say Sign digitally do you mean just print your name and not sign with a pen or sign with an image of your signature ? Just wanted to be clear before I send off my letters.

Thanks

Si

ShellosaurusRex

I have credit cards with Virgin, Mint, MBNA, and Halifax and Barclaycard all of which I THINK are before april 2007.

If the Credit Agreements are unforceable does this mean the debts are notwithstanding and therfore I am debt free?

Also is it worth me doing this , is there a strong chance I will be successful?

Many Thanks