Unenforceability & Template Letters

never-in-doubt

ratcatcher1 wrote: »

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

It will have no effect, but they may try and use any charges (refunds) as part payment to the debt.....

never-in-doubt

ShellosaurusRex wrote: »

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

It doesn't mean you're debt free! It means they cannot pursue you for repayment, but they can and usually do issue a default so you'd struggle to get credit anyway.....

Its a catch 22 and usually only useful to people with an already trashed credit file. If you have no need for credit etc then yea do it! But even so, its worth doing for the sake of £1. Whether they default and you cease paying is entirely up to you.....

Good Luck

never-in-doubt

Princessbb wrote: »

Hi All
Looking for soem advice, I CCA'ed La Redoute (Redcats) and after a couple of months and lots of letters they have finally admitted they do not hold a valid CCA but did try and tell me I still had to repay the debt. I wrote to them last week with another letter advising them they are in default for not providing the CCA and that I would not be responding to any more letters or making a payment until I receive a compliant CCA.
I received a letter back yesterdday saying the following:
As no payment has been received and no payment arrangement has been agreed, we have stopped pursuing the debt but HAVE registered a default on your credit file! It then goes on to say how this will affect me getting credit in the future!
I checked my credit file this morning and they have already put the default on my file! I thought that they had to send me an official notice of default before they could put it on my file? I have not received on, only the letter and enclosed was a copy of the fact sheet from office of fair trading about defaults!The starting line of which states what to do if you receive a default notice threatening action! Can anyone advise what I do now? Can I get them to remove it as for one there is no CCA and two they did not pre warn me they just put the default straight on my file?
Many thanks

They do - they cannot just add one! What you do is write back using the letter from page one about defaults (Request for proof of default - #5)

But they cannot just add one like that, you still have the standard 7 day minimum before they can add a default, in essence they have defaulted the agreement by doing this - not you!

Good Luck - the French fight these a lot harder! lol

Jackswan_2

never-in-doubt wrote: »

Mate try sending a reply like this - see how they cope with that lol.....

Thanks N-I-D. I have been rather busy workwise so haven't got round to sending this response. It suddenly dawned on me, that this particular credit card was originally a Liverpool Victoria card which then became Morgan Stanley (I stand corrected), then Goldfish before being absorbed by Barclaycard. I would imagine it is very doubtful that they would be able to send me a signed copy after the various transfers of ownership in any event.
I will be sending the letter you kindly put together and see what happens next.

Jackswan_2

I have had a response from Lombard Direct (Royal Bank of Scotland) which is in response to my original letter to which they didn't reply within the 12+2 days, so I forwarded a second letter to which they did reply.
They included a copy of my original Application Form for a Lombard Direct Mastercard dated 23/06/99. With a Copy of Credit Agreement between Lombard Direct and myself with my credit card account number and credit limit. The APR for purchases at 15.9% Pages of general agreement, changes to the agreement, charges, etc.. Included was an updated Credit Card Agreement with a change in the credit limit and APR and finally a copy of my current statement dated 5th September 2009.
The only signature in all of this paperwork is on the original Application Form I signed in June 1999.

From reading the various template letters and comments especially from N-I-D I would rate this as being incomplete and in my favour to proceed with proving unenforceability.

I look forward to any response.

never-in-doubt

Jackswan wrote: »

The only signature in all of this paperwork is on the original Application Form I signed in June 1999.

From reading the various template letters and comments especially from N-I-D I would rate this as being incomplete and in my favour to proceed with proving unenforceability.

I look forward to any response.

Yes mate, you send letter 2 from page 1 (querying the CCA) and edit the XXX's with the correct relevant info and send it off. The agreement should be signed.

ratcatcher1_2

I need to CCA a few credit card companies but have been struggling to get confirmation of the name & address that I should send my initial letters to for this lot:
Citicard
Halifax
Egg
Can anyone help me out with the correct details for each one?

thanks in advance

never-in-doubt

ratcatcher1 wrote: »

I need to CCA a few credit card companies but have been struggling to get confirmation of the name & address that I should send my initial letters to for this lot:
Citicard
Halifax
Egg
Can anyone help me out with the correct details for each one?

thanks in advance

Got an old statement? If not, the CRA's will tell you the actual address - failing that, go for the main registered office address

Still_surviving

I actually got a very swift response from one of my cards, the problem being, all they sent was a completely blank photocopied application form, and some terms and conditions which i do not know if they are current or from my application date.

As the original 12+2 days arent up until the 12th, do i have to wait until then before next response, which I presume is to say they havent complied? Does the account go into dispute at this point?

never-in-doubt

Still_surviving wrote: »

I actually got a very swift response from one of my cards, the problem being, all they sent was a completely blank photocopied application form, and some terms and conditions which i do not know if they are current or from my application date.

As the original 12+2 days arent up until the 12th, do i have to wait until then before next response, which I presume is to say they havent complied? Does the account go into dispute at this point?

You send the dispute/s.10 letter. They have already failed to comply so you don't send the chaser letter - you now tell them it is unenforceable. This letter mate: #2