Unenforceability & Template Letters

cejsmith

I've got a quick question on SAR , I have 4 accounts with Barclaycard ( they used to really love me), do I need to spend £40 or will one SAR do the job. The reason I want to do a SAR is because the have sent me copies of my CCA's but it doesn't appear to comply and I want to actually see if they have the signed agreement before I start to talk to them. Is this the right thing to do????

captainhaggis

scott9c wrote: »

Hi there,

i am also attempting to claim unenforceability with LLOyds TSB. Just wondering how you managed to get them to deem it unenforceable?? How many letters did you need to send etc to get to that position. I am attempting the same on a 5k Credit Card that was 1st issued 1994!!

Hiya Scott

As NID said in reply #804, I sent the letter that's listed on page one of this thread basically telling them that I thought the agreement was unenforceable. The reasons for this were that the CCA made no mention of my name, my address nor did it have a signature on behalf of the bank.

Now on NID's advice I didn't tell them why I (with his help) deemed the CCA to be unenforceable which was, I'm sure, a good course of action - what's stopping them adding this data in later?!?

I'll let you know how I get on, Scott. I sent the unenforceability letter to them about four days ago now so I expect a reply soon.

I'm away from home for a week though so it'll be an anxious wait until I get back to check my mail.

never-in-doubt wrote: »

The account number lol :rotfl:

LOL awwwwwwwwwwww

- I'm getting large numbers of (unanswered) phone calls from MBNA at the moment trying to get me to pay them for my F&F settlement. It makes me suspicious that they're being quite so eagre to get money from me to clear the debt even though it's at a much reduced amount than I owe.

NID mate, did you get a chance to check out my CCAs from them?

Cheers

cejsmith wrote: »

I've got a quick question on SAR , I have 4 accounts with Barclaycard ( they used to really love me), do I need to spend £40 or will one SAR do the job.

EXCELLENT question (and funny to boot!) !

cejsmith wrote: »

The reason I want to do a SAR is because the have sent me copies of my CCA's but it doesn't appear to comply and I want to actually see if they have the signed agreement before I start to talk to them. Is this the right thing to do????

I suspect NID will tell you to send them the unenforceable letter from the first page before doing an SAR to see what the bank comes back with. For what reason(s) do you not think the debt is enforceable? If it's something glaringly obvious it'd be a shame to waste a tenner for no reason.

cejsmith

I suspect NID will tell you to send them the unenforceable letter from the first page before doing an SAR to see what the bank comes back with. For what reason(s) do you not think the debt is enforceable? If it's something glaringly obvious it'd be a shame to waste a tenner for no reason.[/QUOTE]

I've already done that, all they have ever sent me is the T&C for the cards and I think even two of those don't date from when the cards was taken out( in the 1980'S.) The Morgan Stanley one runs to about 8 pages but it doesn't have one page with all the info on.

All they keep on saying is in effect is it's an enforcable agreement because we say so, take it up with the FOS. So if I do a SAR at least they will have to put up or shut up ( unless I wrong!!!)

captainhaggis

Ah OK. Let's wait and hear from NID or Dark Convict.

Do you already have defaults against your name?

cejsmith

captainhaggis wrote: »

Ah OK. Let's wait and hear from NID or Dark Convict.

Do you already have defaults against your name?

I think I may well do!!!!!

captainhaggis

cejsmith wrote: »

I think I may well do!!!!!

Congratulations! :rotfl:

terimon

Thanks NID ill send the letters off with my acc number on

Cheers

never-in-doubt

cejsmith wrote: »

I've got a quick question on SAR , I have 4 accounts with Barclaycard ( they used to really love me), do I need to spend £40 or will one SAR do the job. The reason I want to do a SAR is because the have sent me copies of my CCA's but it doesn't appear to comply and I want to actually see if they have the signed agreement before I start to talk to them. Is this the right thing to do????

One SAR will suffice because it covers all info that Barclays as a business hold about you (the data subject). It is not account linked but customer (i.e. a person) linked.

Simply put all account numbers on your request.

never-in-doubt

captainhaggis wrote: »

NID mate, did you get a chance to check out my CCAs from them?

Did you post me the links mate? I am sure I looked but post links again please - chances are they will be wrong so just assume they are anyway - they have to prove to you that it is enforceable lol

Why do their job for them

captainhaggis wrote: »

I suspect NID will tell you to send them the unenforceable letter from the first page before doing an SAR to see what the bank comes back with. For what reason(s) do you not think the debt is enforceable? If it's something glaringly obvious it'd be a shame to waste a tenner for no reason.

It makes sense in this situation to do a SAR due to their being 4 accounts and they should send the CCA's at this stage - if not then go straight in with a formal CCA Request knowing they cannot produce them. With one lender I always say never do a SAR - but with 4 agreements (i.e. more for barclays to lose in the long run) they may muck about so a SAR first is a good idea....

Plus i'm aware they only sent out T&C's..... £10 or £4 - the tenner is well spent on this occasion....

cejsmith

The plot thickens, I've just check my credit record and it's actually egg and HSBC the have put defaults on me. I'm sure that I have never had anything from them and both accounts are under dispute. Neither have supplied and enforceable agreement, in fact egg haven't even both to come back on my request!!!!

What to do now ??????