Unenforceability & Template Letters

never-in-doubt

scarednshakin wrote: »

Thanks N-I-D do I send this letter to them again? It is the same as the letter I sent to them in August and that was the reply I got, telling me that the debt is enforceable.

It isn't enforceable.... not now.

Its up to you where you go from here but bottom line is the debt is now unenforceable and you may cease payments (if you were paying of course!) :beer:

never-in-doubt

tryingto wrote: »

Well, I definitely don't feel like I call the shots (more totally clueless) but I guess that is the problem...pushover! Thanks very much..

No but now you have us on board and we will call the shots for you and keep things ticking along! :beer:

scarednshakin

never-in-doubt wrote: »

It isn't enforceable.... not now.

Its up to you where you go from here but bottom line is the debt is now unenforceable and you may cease payments (if you were paying of course!) :beer:

No, have not paid since this started so will just wait and see what happens next, or who I get a letter from next!! Thanks again

steveandrags

Hi NID,
Latest update is,
Sent letter 1 to Barclays for one account and have sent im to you showing the reply! (note
Sent letter 1 to Barclays for account 2 and not received a reply so will send letter 2
Sent letter 1 to Smile and received reply saying" I refer to your request for a copy agreement and regret that i am unable to locate this for you." what is the next letter to send for this one please?

Thanks for all your help so far.
SAR

never-in-doubt

Smile = unenforceable! Send this: #2

steveandrags

Thank you NID for your prompt reply! Looks like i have that one out of the way! All smile need to do now is send me my request for bank charges for the last 10 years! They must really love me now!
Still not sure what to send for Barclays response below though and all they sent me was a generic CCA which states my credit limit will follow at a later date, no signature etc? Do i need to send Letter ! to the DCA dealing with this now?


[FONT=&quot]Reference: Section 78 of the Consumer Credit Act 1974[/FONT][FONT=&quot]

I write further to a letter requesting a copy of your executed agreement for the above account.
The information we must provide to you under the terms of Section 78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit ( Cancellation Notices and Copies Documents) Regulations 1983.
Under Section 78, we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer.
Please find enclosed a copy of your latest executed agreement. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into this agreement. However, the interest rates have been omitted and the fees and charges have been suspended and are no longer applicable due to the current status of your account.
As your account is now in a recovery programme, further information relating to the current state of your account can be obtained directly from your Recovery Team or Debt Management Agency.
This completes our obligation to you under Section 78 of the Consumer Credit Act 1974.
Yours sincerely
NAME DELETED
Barclaycard Customer Services


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never-in-doubt

send same letter as above, to smile. If they do not comply with CCA request then you send that letter

Beeincontrol

HI! I have read these pages and are in awe of what you do on hereto help people.I got a mate who helped me. We started with egg, by the way it was done back in June, I sent a letter simular to yours the first one off, to the five of them, Egg was the first to reply asking for a identification letter with my sig on it, well alarms went off, I certainly didnt send one I am not sure what happened next, but i know after 2 weeks egg had sent me to Moorcroft, they sent a awful letter which was threatning in all ways, I answered the phone that evening and had one of their awful reps down my ear, I refused to say who I was or talk to her,I put the phone down on her.Sent Moorcroft the harrasment letter. I havent heard from them until yesterday I was hope'n they had gone away (no such luck) the letter I had yesterday was from ARC credit management, saying,
this account has been passed to us for collection as our above named client has been unable to obtain payment of the outstanding amount from you.
We wish to make it quite clear that unless a substancial payment is made to us within the next ten days, along with a firm offer to clear the rest of the overdue balance, we will pass your account to our Solicitors, with instructions to prepare proceedings against you in the county court.
Please ensure all payments are made to ARC ( Europe)LTD, Failureto do this will delay it being credited to your account, Alternatively you may call the number above to make a payment by credit card.
the four other cards replied and we sent them the £1 and I had the copy's of the agreements back, there isnt a witness sig on one of them, during all this time I was making a small payment, until my other half lost his job and I was unable to pay them, I have been defaulted on every card I have, so I thought its pointless trying to pay them now.The other card s are
Marbles who are now Beneficial finance, I found what they tried to be hilarious, I have been unable to use that card for more that 2 years, and all of a sudden I had a £50 credit on it, where in the heck had that come from, well i didnt fall for it either, I just keep getting monthly statements off them.
then Golfish well they are now Barclays Platinum, how could a houswife have a platinum card.To top it as well I bank with these so I am a bit nervy what to do with this one, I also found I had a PPI with them.
The other 2 are JJB and Adams, they both keep sending warnings, but the cracker came this morning in the post, I had a Post card with this written on it
CREATION
as we have been unable to contact you recently we have arranged for one of our representatives to call at your address.
this will be between the hours of 8.00am and 8.00pm monday to saturday and 8.30am to6.00pm on saturday.
if this is inconvenient for you please call 0845 6000431.
Now I have seen it all.
Could i kindly have some of you advice, if you can make sense of all this.:D

never-in-doubt

Beeincontrol - am I right in assuming you sent the CCA Request and they cannot provide a signed agreement? If so you send the CCA Dispute letter (page 1)....

Please bear with me while I read the post in more detail....

Beeincontrol

thanks, I have sent the first letter, to all 5 cards, the only ones not to give me the copy of the agreement is Egg. To top it all the ARC who sent the letter yesterday, just phoned me on my mobile, I am shocked how they got my no. they kept asking if I was who I was and i refused to go into discussion with them and knocked them off, Sorry I did type that out a bit flustered,:o