Unenforceability & Template Letters II

Morethanabitskint

Totally_indebt wrote: »

Hi NID,

Just received another response from Natwest, from the initial request of the CCA:-

We are obliged to provide you with a 'true' copy of the credit agreement and a statement of financial information relating to the account, namely, the state of the account, amount currently due, with amounts and due dates of future paymentsthat still require to be made. In terms of the CCA copy document regulations, the 'true' copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing that plus a copy of of the current terms of the card agreement.

My question relates to the above paragraph - can they enforce this, using a copy agreement at the date the card agreement was made? This in my view, means they they dont have my CCA at all?

Would you submit a CCA dispute letter or CCA Query letter at this stage.

Thanks for your help here.

Hi NID - i wondered if you could potentially advise me also please, it would be much appreciated.

I have received exactly the same letter from NW and they also include:

a) Application form signed and dated by myself (stamped as copy)
b) Terms and conditions of use (again stamped as copy)
c) Replacement credit card information with a CCA (unsigned) which is a recent one. I guess this is the current terms part.

Would your advice here be the same, i.e. to send them the dispute letter 4?

Thanks very much for taking the time to help, its all very much appreciated. Great forum by the way.

astravanman

Hi everyone and many thanks for all the excellent forum. I'm helping a good friend who after been made redundant fell behind with bank, cc & a couple of catalogue companies but the interest & charges they add on have got ridiculous and is only increasing the amount. The companies have issued defaults and passed on the debts to dca's (letters & phone calls all the time).

As the debts are already now in default does the CCA route still apply? If so, when sending the CCA letters do we address them to the actual banks (NatWest, Egg, Capital One etc) or to the address on the last letter received from the DCA attempting to recover? Sorry if it's already been answered elsewhere in the thread, I tried to speed read through it but my head now hurts absorbing all the info :-) Thanks again and no doubt I'll have more Q's along the way. Cheers

never-in-doubt

Morethanabitskint wrote: »

Hi NID - i wondered if you could potentially advise me also please, it would be much appreciated.

I have received exactly the same letter from NW and they also include:

a) Application form signed and dated by myself (stamped as copy)
b) Terms and conditions of use (again stamped as copy)
c) Replacement credit card information with a CCA (unsigned) which is a recent one. I guess this is the current terms part.

Would your advice here be the same, i.e. to send them the dispute letter 4?

Thanks very much for taking the time to help, its all very much appreciated. Great forum by the way.

Hiya

Assuming they have sent an application form (not a blank CCA) then you can send the following letter: 3. CCA Query :D

never-in-doubt

astravanman wrote: »

As the debts are already now in default does the CCA route still apply? If so, when sending the CCA letters do we address them to the actual banks (NatWest, Egg, Capital One etc) or to the address on the last letter received from the DCA attempting to recover? Sorry if it's already been answered elsewhere in the thread, I tried to speed read through it but my head now hurts absorbing all the info :-) Thanks again and no doubt I'll have more Q's along the way. Cheers

You send the CCA to the debt owner, so check your credit file and then you correspond with the debt owner as shown on there. This should be the same as the outstanding default entry.

However you can send it to the original creditor or the DCA as part of the CCA request tells them it is their duty to pass it on if it is not them.

never-in-doubt

AL2009 wrote: »

What would happen if the property is remortgaged to another lender without redeeming the unsecured element of the loan? My understanding is that Northern Rock just hike up the interest.... Would it be worth doing a CCA in this instance?

So in essence you only have an unsecured loan with NR then. nothing to do with the house? If so then feel free to CCA them.

never-in-doubt

sick_of_the_letters wrote: »

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

Thanks

Hiya

They do not need to provide an original (with signature) but when they defend this so much we usually assume this is due to them not having an original, if you see what I mean?

They may well produce one at a later date, but until such time they do you can cease repayments and just ignore them. Not too much they can do anyway - they have already defaulted you right> When did you last make a payment?

Sorry for delay, must have missed your post mate

never-in-doubt

BANNEDfromTV wrote: »

OK here is what I have found so far.

The initial portion of the executable agreement states a heading of Key Financial Information. Under this information it has the following information (typed here in full).


Initial thoughts?

So it contains the prescribed terms then,

Morethanabitskint

Thanks again NID. Will send this off. I was defaulted last month so have nothing to lose as i see it!

ELMA97

Hi
I was wondering if anyone knows who Apex Credit Management are? like? I am on a dmp with CCCS ad paying a loan(2008-so enforceable) and a credit card 2002-seems not to be enforceable I am ceasing to pay them after this month, Royal Bank of Scotland have passed my loan debt to this company and I have had a letter demanding payment in full or phone to arrange repayment terms but I am paying them through CCCS until I stop paying my cc, which I will then have to cancel my DMP(CCCS don't seem too keen on stopping payments to creditors when in dispute). I was going to go back to paying my loan normally as with not paying the card it could be done but since we defaulted they have added £2500 worth if interest and passed it to these people so no point now, anyone heard of them? Thanks

Wispa1

Hi, I wonder if you can confirm whether the following prescribed terms would make this storecard agreement enforceable please. Unfortunately I can't scan it in as you need a microscope to read it. The terms are on an application form that I originally completed & this is what it says:

"We will determine your credit limit from time to time & give you notice of it" - I know this is sufficient
"interest will be charged on the account at a rate of 1.95% per month etc etc (it carrys on with further interest details)" - I trust this is sufficient
"the minimum payment due from you each month will be the greater of £4 or 4% of the outstanding on the Account. The statements you receive will show the minimum payment amount required and the date for payment" - This is the bit that I am not 100% sure on so any help would be great.

The account is still with the creditor,was taken out in 2004, signatures from myself and creditor on the form, I have ceased payments & they have previously defaulted me. I just needed some confirmation before my next step.

with many thanks in advance