Unenforceability & Template Letters II

jemma_

never-in-doubt wrote: »

Hiya

Ok, well just send the CCA letter on page 1 with £1 and then see what they come back with. Bear in mind, if you do apply for charges refunded and win they will just reduce the debt with that, but you have no legal right to request a charge refund unless they were extortionate....

I think you'll get their standard response; they cannot find the CCA but they want their money - even though this is rubbish as they have no right to ask for money!

Just post back when you have their reply...

I sent that off this morning, At one point they were putting charges of 35 on so i can claim those back if this route fails.
thanks again

never-in-doubt

jemma_ wrote: »

I sent that off this morning, At one point they were putting charges of 35 on so i can claim those back if this route fails.
thanks again

Hiya - thats correct. If they have been charging £35 you can request the full amount back or the difference between the £35 and the £12 low rate. But you won't see that cash, unfortunately :rolleyes:

This is for Credit Cards - but similar rules apply to catalogues: http://www.moneysavingexpert.com/reclaim/credit-card-charges

hughiemack

Hi, I have sent reminder letters to Cahoot and MBNA as there has been no response to my initial letter for the original agreement. Is it now I stop payments until I receive a written response. Thx in advance HughieMack

never-in-doubt

hughiemack wrote: »

Hi, I have sent reminder letters to Cahoot and MBNA as there has been no response to my initial letter for the original agreement. Is it now I stop payments until I receive a written response. Thx in advance HughieMack

Yes if you're happy in the knowledge they will default you, if not already!

hughiemack

Is this the only option at this stage?

savysaving

never-in-doubt wrote: »

Hahaha - just noticed - you copied this from a newbie at legal beagles and you're trying to discredit me with that junk? hahahahahah

At least try and do your own homework and not just copy someone elses questions, they are wrong! Simple - accept it! lol - you makes me chuckles, I cannot believe you copied someone elses questions (note they are queries not facts) and in the process of trying (for whatever reason) to discredit me, you end up looking like a prized fool yourself..... hahahahahahaha
:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl: :rotfl::rotfl::rotfl:

It is always entertaining to see a Leeds lad with a beer in his hand have a laugh in blisfull ignorance.:D
What you DO NOT do however is address the issue mate ...:D


Indeed I read the legalbeagles post by a junior lawyer, a lot more qualified than YOU mate:rotfl::rotfl::rotfl::rotfl::rotfl:

May I also point out that in the first page of this thread under 'Prescribed Terms' it says:
'D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

Yet when a poster asked you if his CCA was unenforcable because the credit limit was not in the prescribed manner you told him he was wrong
Here is the page with your reply to BANNEDfromTV
forums.moneysavingexpert.com/showthread.html?t=2060575&page=64
In your reply you rewrite the prescribed term for credit limit to differ from what's on the first page....

I have come across quite a few other non sensical and plainly wrong posts/advice in my opinion, to people who are poor and struggling and deserve better.

It looks to me that you need to act the 'lawyer' and be someone who is big, i bet you posted you make a ton of money and have a fantastic job:p
You just happen to post like a nut here because you fancy social service:p

Ok, I think people must realise that any advice in forums such as this is not a professionaly competent one.
You do not know for whom NID works for !
Nowdays lawyers and claim companies are taking the debtors to court before enforcement action is taken, asking for a declaration of unenforceability, thus forcing creditors to write off the debt (from legalbeagles website)

As for NIDs lame attempt to ridicule me without addrressing the issues, I had a great laugh .:rotfl:(by the way it is prize fool not prized fool) Yes, that's you NID no doubt about it!

never-in-doubt

savysaving wrote: »

Indeed I read the legalbeagles post from a junior lawyer, a lot more qualified than YOU

Really? And you came to this assessment how, exactly? You know me, how exactly?

I'd like to point out the message from the newbie at legal beagles has 2 posts to their name, and you came to the conclusion that they are more knowledgeable how, exactly? Just remind me of that one..... :rotfl:

By the way, learn to read - they are trying to merge acts which has been tried and failed. Therefore my stance is correct, their interpretation is in fact incorrect and to reiterate they asked a question - not stated law!

savysaving wrote: »

May I also point out that in the first page of this thread under 'Prescribed Terms' it says:
'D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

Didn't I actually make that post

savysaving wrote: »

Yet when a poster asked you if his CCA was unenforcable because the credit limit was not in the prescribed manner you told him he was wrong

And I was right to tell him he was wrong! You confuse fact with questions. I shall now take a second to explain my decision.

If you're reliant on this one term to get the agreement deemed unenforceable, you will fail - simple. Why? Because all lenders will (and do) claim that the missing prescribed term was fulfilled on each statement.

You need to forget what the law actually says at times and use common sense - in this instance I can categorically guarantee that if the guy tried to enforce this EVERY judge in the land would deem him wrong; being the limit was given on each statement. Therefore, although the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) clearly states the Prescribed Terms, it all falls down to what the litigation cost will be and what the outcome will be - case law will override any Consumer Credit (Agreements) Regulations.

Granted, there may well be no credit limit - so the claimant takes the lender to court and acts daft, the judge asks the claimant did you receive a statement, the claimant confirms they did, the judge then asks and did this contain your limit?

The CCA also states that a lender cannot take action against an unenforceable debt and that they cannot register defaults or adverse data with CRA's - but they do! If you want to spend £20k fighting it then you may as well pay the debt off!

Idiot!

savysaving wrote: »

I have come across other quite a few other non sensical and plainly wrong advice in my opinion, to people who are poor and struggling and deserve better.

Eh? Well instead of being so bloody critical (even though you;re wrong) go ahead and help them you muppet! Crying high and mighty but you've done nothing than shatter their illusion - lol. Like anyone will listen to you, my advice is sound and not under any doubt - thanks all the same. You on the other hand, need to get a hobby - there's a good lad. :rolleyes:

The rest of your idiotic post is irrelevant and therefore ignored with the same respect.

never-in-doubt

savysaving wrote: »

Indeed I read the legalbeagles post by a junior lawyer, a lot more qualified than YOU mate!

Ok, please do us all a favour and answer the following:

1. How do you establish this user is a junior lawyer?

2. From 2 posts (their history) - how can you establish they are more qualified than me?

3. Have you actually read what they typed?

4. What is your old/real username here?

Proof below:



Their post on legal beagles asked the following:

I should also be grateful for any comments on the above argument and for any counter-arguments or as to any flaws in the reasoning.

I counter argue that they are incorrect as a judge will resort to case law and overrule the CCA (1983).....

Did you notice, that poster was asking a constructive question - they did not state that this was in fact the law or a victory in case law, as such it is only their theory which is actually flawed anyway.

http://www.legalbeagles.info/forums/showthread.php?t=18192

peter1610

Guys,
I need some advice please; i have sent the first letter to Natwest bank to get a default notice removed from my credit file. I recieved back a letter from them stating
we regret to inform that the loan agreement has been misfiled and dipite searching searching our records we have been unable to locate it. Our record of the setting up of this loan has insufficient detail to enable us o recreate the agreement.

I took a loan out for £15k in Feb 06 and paid the full monthly payment for 6 months then had an agreement put in place for a reduced payment scheme which is a hundred pound less than the full amount.
I have never missed a payment but whn i looked at my credit file it showed a default from August 2006.

A number of questions
1 If the statement is true above from Natwest do i still have to pay the loan!
2 what is the next letter to send them

How do i get the debt written off or at minimal get the default removed

cheers

jamie07971

Hi

My loan with RBS has been deemed unenforceable as the is no CCA. I have not paid it since June. I have had a default notice and they have since sold it to a debt collector (CMS). Can anyone tell me what I need to do?

Thanks in advance.