Unenforceability & Template Letters II

never-in-doubt

Everything stays for 6 years from date of addition. Satisfied/settled means the same in this respect.

littlemissteapot_2

Hi all thanks for great thread. I sent the 1st letter to Cabot Financial (for argos card) and received a copy of "your application for the argos card" agreement & a letter from them stating that the had enclosed all the relevant information requested & saying that are now going to resume collection on the account. Is this correct? I'm so confused!!

and to top it off they ceased payment last month & when i have checked my bank account today they have taken 2 payments out today (the payments aren't due until 14th of each month) so I am now overdrawn!!

Please I need some help!!!

Thanks guys

never-in-doubt

littlemissteapot wrote: »

Hi all thanks for great thread. I sent the 1st letter to Cabot Financial (for argos card) and received a copy of "your application for the argos card" agreement & a letter from them stating that the had enclosed all the relevant information requested & saying that are now going to resume collection on the account. Is this correct? I'm so confused!!

and to top it off they ceased payment last month & when i have checked my bank account today they have taken 2 payments out today (the payments aren't due until 14th of each month) so I am now overdrawn!!

Please I need some help!!!

Thanks guys

Hi

Its up to you to cancel the payments, do you know how to do this? lol - sorry, but quite clearly you don't! Go to your bank and cancel the direct debit or whatever!

You should send this reply: 3. CCA Query

littlemissteapot_2

never-in-doubt wrote: »

Hi

Its up to you to cancel the payments, do you know how to do this? lol - sorry, but quite clearly you don't! Go to your bank and cancel the direct debit or whatever!

You should send this reply: 3. CCA Query

hiya thanks I didn't cancel as they said they would place hold on account unitll they sent info learnt my lesson there!!! lol. will do that tomorrow. so is the infor they sent incorrect?

Thanks for this i really appreciate it x

sick_of_the_letters

Hi NID

I have had a response with regard to my previous post on npage 25 (for some reason it won't let me quote it) that I asked you about back in November.......
Halifax have come back with the following response after I sent them a 2nd letter as you said

FROM HALIFAX

Thank you for your letter 3rd Dec 2009 which amongst other things acknowleges receipt of our letter dated 18 Nov 2009 and the copy agreement which was enclosed.

The copy of the agreement enclosed with our letter complied with the requirements of the Consumer Credit (Cancellation Notices & 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 signature on it. By providing a copy of the agreement complying with the requirements of the Regulations the agreement remains enforceable.

You entered into an agreement with us with us that was validly executed and the misplacing of the original document does not affect the validity of the agreement or the debt you owe. The agreement remains enforceable and you should maintain your repayments.

YF
Some !!!! from Halifax



So BOS has passed it back to Halifax......... where do I go next? Are they bluffing or are they telling the truth?!?!?

Thanks

ccmug

Hi NID - such a great thread and so good to have someone so knowledgeable on the subject - shame you didn't appear in th NY Honours;

I had about 10 credit cards with a total balance of about £94k and then the floor fell out of the economy and my work with it. I've been defaulted on all of them and now all but 2 are with DCA's and i'm paying between £1 and £5 a month in repayments, but my balances are reducing more quickly than when I was paying £3000 a month.

I'm not sure who now owns the debts and whether I request the CCA from the OC or the DCA

Please can you advise

Miriams,_brother

sorry if this is a silly question, how do you know if agreement is unenforceable?

DeBilde

Hi Nid,

Could I do a CCA reuest for the unsecured part of my Northern Rock together mortgage taken out in May 2006?

How will this work? Will the CCA for this be part of the Mortgage agreement?

Cheers

never-in-doubt

DeBilde wrote: »

Hi Nid,

Could I do a CCA reuest for the unsecured part of my Northern Rock together mortgage taken out in May 2006?

How will this work? Will the CCA for this be part of the Mortgage agreement?

Cheers

I wouldn't! Keep the home separate - last thing you want is a charging order, defeats the purpose really! Up to you but personally, would I CCA a loan linked to my mortgage (secured or otherwise) - would I hell lol

never-in-doubt

Miriams,_brother wrote: »

sorry if this is a silly question, how do you know if agreement is unenforceable?

I'd hazard a guess reading page 1 would be a good start :rolleyes::rolleyes:

5. Prescribed Terms
These are what you check the CCA against (assuming the lender sends you a copy)