Unenforceability & Template Letters II

never-in-doubt

st999 wrote: »

is this of interest to anyone?

http://www.dailymail.co.uk/money/article-1240862/Judge-closes-credit-card-loophole.html

Means nothing - look back a few pages and you'll see our discussion on it. Also two threads here (you'll see our comments lol):

Banks win partial High Court victory on credit cards

MSE News: High Court 'closes debt write-off loophole'

This is the result of the hsbc v carey case, as it will be known. (Judgment: Carey v HSBC (section 78 Consumer Credit Act 1974))

Just ignore it everyone, nothing to worry about.

Lloyds_Dad

Hi have sent a CCA request to MBNA but have not received any reply although they have banked my cheque.

The reminder template refers to a default and although MBNA have not defaulted me ( I have received a default from another lender) can some one please provide a link to an appropriate reminder letter.

I apreciate that I could remove the neccessary wording but there are too many references to defaults and obviously want to get this right.

Many thanks

burton_trade_kitchens

NID,
Just a quickie if I may...
I am getting around 20 - 30 telephone calls a day from Barclaycard threatening me with all sorts and demanding a payment of some sort, I was ignoring the calls at first but then decided to answer them.
I have said that I will make no further payments until they fulfill their duties by sending the correct information required under my CCA request.
Is this the corrrect thing to be saying to them ??? or can you suggest that I say otherwise.
They are getting that desperate I was asked today if I could make a payment of £20 instead of the £389 that I am now in arreas....Of course I refused!!!
Also could I ask where I would stand if they take me to court. Will there be any help or advise as to what I should say to defend myself??? Also If I lost in court would I then have to pay costs etc???
Please don't think I am wobbling at the knees I stand as strong as ever on the matter and would again like to thank both you and other posters for all the help and support offered on this forum.
Thanks Stuart

never-in-doubt

Lloyds_Dad wrote: »

Hi have sent a CCA request to MBNA but have not received any reply although they have banked my cheque.

The reminder template refers to a default and although MBNA have not defaulted me ( I have received a default from another lender) can some one please provide a link to an appropriate reminder letter.

I apreciate that I could remove the neccessary wording but there are too many references to defaults and obviously want to get this right.

Many thanks

Read it properly - lol

The lender is in default - not you! You are telling them they are in default (in default of their obligations and in particular, in default of your s.78 request) until such time they send the agreement :rotfl:

never-in-doubt

burton_trade_kitchens wrote: »

I am getting around 20 - 30 telephone calls a day from Barclaycard threatening me with all sorts and demanding a payment of some sort, I was ignoring the calls at first but then decided to answer them.

Why mate? Just change your number, surely that is easiest option? Or block withheld numbers.....

burton_trade_kitchens wrote: »

I have said that I will make no further payments until they fulfill their duties by sending the correct information required under my CCA request.

Pointless exercise mate, you need to do everything in writing - no proof verbally.

burton_trade_kitchens wrote: »

Is this the corrrect thing to be saying to them ??? or can you suggest that I say otherwise.

I'd be saying the following then putting the phone down before they say a word:

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

burton_trade_kitchens wrote: »

They are getting that desperate I was asked today if I could make a payment of £20 instead of the £389 that I am now in arreas....Of course I refused!!!

Have they actually defaulted you yet? If not you know they will do?

burton_trade_kitchens wrote: »

Also could I ask where I would stand if they take me to court. Will there be any help or advise as to what I should say to defend myself??? Also If I lost in court would I then have to pay costs etc???

Oh they won't take you anywhere mate - worry not :rotfl::D

burton_trade_kitchens wrote: »

Please don't think I am wobbling at the knees I stand as strong as ever on the matter

I never doubted you for one minute mate

burton_trade_kitchens

Thanks NID !!!!
:beer:

Lloyds_Dad

Thanks alot NID

DeBilde

Hi NID,

Did you see my post about my update and what action to take with Argos?

Thanks

cejsmith

Morning all

Please find below the latest letter I have recived from egg, it has raised a couple of questions which I'm hoping some one can answer.

1. I thought they had to prove enforceability not me having to prove unenforceability.

2. What more can they do at this point as the have already handed it over to a DCA and also put a default against me? ( I have quired the default using letters from the site, which they seem to be just ignoring!!!)

I look forwards to hear your views

never-in-doubt

cejsmith wrote: »

1. I thought they had to prove enforceability not me having to prove unenforceability.

Correct, just ignore them.

cejsmith wrote: »

2. What more can they do at this point as the have already handed it over to a DCA and also put a default against me? ( I have quired the default using letters from the site, which they seem to be just ignoring!!!)

The default will stay, like you say its pointless arguing this. But they cannot do much other than add a CCJ at which point, assuming they did, then you'd defend it (quite easily) using the fact they have not issued a lawful CCA.

It is not for you to tell them their job, they have to prove it is lawful & compliant.