Unenforceability & Template Letters II

never-in-doubt

putty71 wrote: »

Can you see what you make of the phone letter

The Phone Letter is also bollox - as you've already warned them of the harrassment just record each call - or change your number, thats usually the easiest option.

putty71 wrote: »

and the signature letter please?

The Signature Letter is bollox lol... send this back to them - 10. Demand of your Signature

putty71

never-in-doubt wrote: »

The Phone Letter is also bollox - as you've already warned them of the harrassment just record each call - or change your number, thats usually the easiest option.



The Signature Letter is bollox lol... send this back to them - 10. Demand of your Signature

Thanks Never. Letters off today!

If it's okay with you I'll post the other letters in this way too for you to look at? It seems to work.

Thanks

Putty

pepe2008

never-in-doubt wrote: »

Yes mate - http://www.consumeractiongroup.co.uk/forum/legal-issues/130101-humbleman-hfc-weightmans-court.html

I think that the Defendant overcomplicated the Issue. If the Judge had been faced with less ( obviously she wasn't going to READ it all as eveident by the Claimants presenting at Court with 400 pages 20 min before Trail) maybe she would have entered Judgement based on the simpler Issue of Unenforceability...who knows?.

Much of the rest of it could have been kept back for appeal if needed which, if the defendant has any sense, it will.

pepe2008

Should get a Judgement from Financial Ombudsman soon regards my Complaint against Citi ( and then also the Complaint against 1st Credit as they are linked), they have been given until 19th to come up with the required information and answers to questions, but have already had to be reminded twice by the FOS Officer!

Hobbit_2

never-in-doubt wrote: »

Then simply ignore them until they do respond to you - obviously you should cease payments (assuming you already have?)



Send this: 3. CCA Query



Hmmm, not quite sure about this one - if it were me, i'd say bring it on and i'd let them take me to court - however as it is not me i'd be prone to say respond. Can you start a new post (in this thread) actually going into detail with this and tell me what you've done to date and what they have sent back (ideally post their letter - omitting personal details).....



Then simply ignore them until they do respond to you - obviously you should cease payments (assuming you already have?)



Send this: 3. CCA Query



Did you apply online, is this why there is a tick in box? If you never then send this: 3. CCA Query



You should ignore them - the debt is unenforceable and they cannot do anything (other than default you).

Hi NID
Once again, sorry for the lack of contact (ie thanks!!) - life and stuff like that always seems to get in the way?!
I am following the advice as per your previous post (better late then never, but I figure let them wait - this is my life and they don't get to control it!).
Had another letter from Moorcroft suggesting a monthly payment of £120 - oh how we laughed! They actually say that, as they haven't heard from me, I may not be in a position to repay the full amount, so they have kindly decided to give me the 'opportunity' to pay by instalments...This is a bit of a change from the last letter - do you think they've baulked from going to court as they know they are not going to win?
Debitas seem to have disappeared, and Frederickson (my old friends...) have popped up for Cap1 - I presume that assume they have been passed all the relevant info and proceed as suggested? In fact, aren't they supposed to NOT pass accounts on whilst in dispute??

Anyway - hope you had a good Xmas and New Year and that your sterling work here continues!

astravanman

Hi N-I-D.
Regarding the CCA requests, my friend received a couple more letters today. One of Fredrickson dca (collecting on behalf of Capital One) saying they have placed the account on hold whilst they refer the matter back to their client for instructions, and will then get back to us. However, we received one from DLC (direct legal collections) who are collecting on behalf of Egg which says;

Hillesden Securities T/A dlc are an agency collecting on behalf of our client, Egg Plc.
Our client has specified that all requests for information under the CCAct are required to be made directly to them.

They returned the £1 cheque saying please make payment to egg who will upon receipt of payment endeavour to send you the documentation within 12 working days. As DLC were the one demanding payment should it be up to them to get back to egg to fulfil the CCA request. Will I need to re-send it to egg and allow a further 12 days?

LexieLou

Hi,

Can I ask a question. I am in the process of having all my credit agreements challenged, I'm using credit issues for this. please no lectures about cost of this etc, couldn't cope with them at the min. But after having held of paying for mths on these cards, I started to pay payments again.

I read on another thread that you can claim back late payment fees etc. Is this possible while questioning the above?

Thanks,

LL x

burton_trade_kitchens

Hi NID,
I have recieved a reconstituted agreement today and was hoping you may have the time to have a quick look. I have sent you a PM with the covering letter they sent.
Was hoping you may have a look at the agreement for me and see if you think it is enforcable or not. I can PM you the lot if you think you need to see it.
Cheers mate
Stuart.

burton_trade_kitchens

NID,
Just another quickie...
I have just checked the reconstituted agreement and all the pescribed terms seem to be in order. The agreement is quite in detail to say the least....
The agreement however has my present name and address on the top. The card was taken out when I lived at a previous address. WILL THIS HELP ME ??
Thanks in advance for your time
Stuart

Numpty_Monkey

I want to to say thank you ti NID and fermi
many thanks boys:beer::beer: