Unenforceability & Template Letters

captainhaggis

never-in-doubt wrote: »

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

Thanks mate. Here's my original post with the background information, along with the links!

captainhaggis wrote:

Hi fella, how's it going?!

Well, got a response from MBNA today leaving just Smile left to write back to (as the clock started from 00:00 for Egg and LTSB loan due to their inept processes!)

I've put the CCA on my Photobucket and wonder if you'd take a look.

It appears OK to me but I wonder if I might have them on the fact that the card was INITIALLY a Mastercard (Virgin Money) but about two years later it changed to an Amex and I don't recall ever signing a new CCA. I'd imagine that, as it's a new type of card with a new account number (or atleast card number) the agreement would need to be re-started?

Any thoughts?!

Cheers muchly

Original Agreement (signed)

Page one :
http://i991.photobucket.com/albums/af35/captainhaggis/signedcca.jpg



Current T&Cs

Page one :
http://i991.photobucket.com/albums/af35/captainhaggis/ccapageone.jpg

Page two :
http://i991.photobucket.com/albums/af35/captainhaggis/ccapagetwo.jpg

Page three :
http://i991.photobucket.com/albums/af35/captainhaggis/ccapagethree.jpg

Page four :
http://i991.photobucket.com/albums/af35/captainhaggis/ccapagefour.jpg

never-in-doubt

cejsmith wrote: »

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 ??????

I'm just confused with all the accounts here. Stick to one, deal with it then move to the next. You'll end up not only confusing yourself but also us lot on here.

You need to follow the same process on page 1 - its the same whatever the outcome/scenario - just do the same to all accounts ok?

The only exception is letter 2 - have they sent a CCA? If so and the prescribed terms are not right you send the query letter. If they do not respond you send the dispute/s.10 letter. The default is a separate issue and no lender will just remove it - you need to fight for unenforceability first then when they respond confirming it you then go to the CRA as per my most recent letter (How to remove a Default)

Its easy - just send the same letters all the time, even if you mess up slightly - so what, the lender/dca must prove to you that it is compliant.

never-in-doubt

captainhaggis wrote: »

Thanks mate. Here's my original post with the background information, along with the links!

It won't be enforceable if you signed for a mastercard and now it is an amex! Just send the unenforceable letter (i.e. letter 4 CCA Request Query Letter)...

Let them prove to you that it is, just amend the wording from "any of the prescribed terms" to "all of the prescribed terms".... I also think some of the other prescribed terms are missing but can't see it properly, either way just send the letter and let them tell you why they feel it is

I assume you were sent terms when they changed the card type? If so they may argue when you used the new card you agreed to the terms so don't hold your breath but you have nothing to lose..... :beer:

captainhaggis

Yeah dude, they sent new terms with the Amex. Deffo nothing else to sign, though. I did expect this one to be UE because of the increased number of calls I'm getting from them.

Thanks. I'll keep you up to date!

P.S. do you have a favourite charity?

k4j

hi..
I'm new here....and i really in need of your help never in doubt.
I am in 15 thousand debt. Its with various credit cards (5 in total). I have been making regual payments to to all of them but at a really reduced rate....somthing like £10 on each. If i go ahead with the unenfoceable letters should i continue paying them?
when do i stop making the payments? They have stopped adding interest on a long time ago.
But what happens when i stop paying them?
I have always heard you should always continue paying them what you can afford....and that what i was doing.
All these cards were taken out before 2007 and i think i have default on all of them.
Any advice will be greatly appreciated.

vicky12

Me Toooooo.....
Advice please !!!!!!
Best of luck k4j

never-in-doubt

captainhaggis wrote: »

Yeah dude, they sent new terms with the Amex. Deffo nothing else to sign, though. I did expect this one to be UE because of the increased number of calls I'm getting from them.

Thanks. I'll keep you up to date!

P.S. do you have a favourite charity?

Yea, best to assume it unenforceable cos they tend to get twitchy when they know they've messed up But either way, just don't pay them back cos they can't really do much!

You'll be fine, after all we're here to sort them out for you if they argue...

My fave charity is my beer fund mate - why? lol :beer::beer::beer:

never-in-doubt

k4j wrote: »

hi..
I'm new here....and i really in need of your help never in doubt.
I am in 15 thousand debt. Its with various credit cards (5 in total). I have been making regual payments to to all of them but at a really reduced rate....somthing like £10 on each. If i go ahead with the unenfoceable letters should i continue paying them?
when do i stop making the payments? They have stopped adding interest on a long time ago.
But what happens when i stop paying them?
I have always heard you should always continue paying them what you can afford....and that what i was doing.
All these cards were taken out before 2007 and i think i have default on all of them.
Any advice will be greatly appreciated.

If you already have a default on them all, then it'd be best if you cease paying, i.e. now!. It is fruitless cos statute barred will commence 6yrs from last payment or the whole debt disappears after 6yrs from default date. In essence paying now does nothing so save yourself the funds....

Start at page 1 and send the CCA request to whoever owns the debt (i.e. whoever you're paying/registered the default)..... Then post back once they respond. Can you name the 5 companies please.

never-in-doubt

vicky12 wrote: »

Me Toooooo.....
Advice please !!!!!!
Best of luck k4j

what you waiting on vicky? Thought i'd answered you earlier?

See other threads here: http://forums.moneysavingexpert.com/showthread.html?t=2058435&highlight=

http://forums.moneysavingexpert.com/showthread.html?p=26854677&posted=1#post26854677

fto

Hi,
Does this ruling affect this tread http://www.moneysavingexpert.com/news/loans/2009/11/debt-write-off-loophole-closed-by-court?utm_source=forum&utm_medium=sidebar&utm_campaign=box