Unenforceability & Template Letters II

never-in-doubt

astravanman wrote: »

Might be in a similar situation soon. Can I ask if Cap1 sent you a letter asking to provide a signature? We also had Fredrickson pursuing on behalf of Cap1 but after sending the CCA request they wrote back putting the account on hold and referred it back to cap1. We got a letter from cap wanting a signature before complying with the request so have fired off the no sig required letter.

Ahh yes, I remember!

The letter you would send Frederickson is shown here: #1437

The signature letter is here: 10. Demand of your Signature

never-in-doubt

astravanman wrote: »

Ok thanks. Might be the case they haven't got one and attempting to magically produce one! Will wait & see what they come back with.

Oh, had a nice pretty pink postcard from Hillesden Securities (DLC) wanting to arrange a rep to call round within the week. I don't think so...

LOL - they never?

Have a read here: http://forums.moneysavingexpert.com/showthread.html?t=1837507

And then send this letter to them, in reply:

Dear Sirs,

Ref: XXXXXXXX

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep visit”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,


Sign Electronically

never-in-doubt

PennyPinchingMiser wrote: »

Didn't sign it did you? :rotfl:

Noooo - they usually send one of these back! :rotfl: :rotfl::D

10. Demand of your Signature
If a lender does write back asking you to sign and you don't want to, then send this letter to them.

never-in-doubt

:rotfl::rotfl::rotfl::rotfl:

St0lli

Hiya NID, I wonder if you can help me please.

MBNA have recently issued me with a default. I'm on a DMP and have made regular payments but recently had to reduce the amount due to being out of work. I'm now working again and have a review due with CCCS so I will be increasing my payments shortly. In the default it states that ny account will be closed and my account will be terminated and we may take court proceedings etc etc. The default was dated 4th Dec and I had until 21st Dec to make full payment which I couldn't do......
Fast forward to yesterday when I received a letter from Optima Legal. The say 'we act for MBNA who have instructed us to secure payment from you. MBNA are willing to consider any proposals you may have blah blah blah'. If they don't hear from me within 14 days they may commence legal action.

I rang MBNA today and they won't talk to me about my account and told me that everything has to be dealt with via Optima Legal and to advise CCCS that payments should be made to Optima.

With all this in mind who would I send my CCA request to? Should I direct it to Optima? The reason I'm confused is that they say they are acting for MBNA and not that they have been assigned my debt.

The credit card is from years ago so I'm sure they won't have anything and I would really like to avoid a CCJ (which is what the woman at Optima told me they would be applying for in the very near future)
Apologies if I've come to the wrong thread to ask the question.
Cheers :beer:
St0lli

never-in-doubt

St0lli wrote: »

Hiya NID, I wonder if you can help me please.

MBNA have recently issued me with a default. I'm on a DMP and have made regular payments but recently had to reduce the amount due to being out of work. I'm now working again and have a review due with CCCS so I will be increasing my payments shortly. In the default it states that ny account will be closed and my account will be terminated and we may take court proceedings etc etc. The default was dated 4th Dec and I had until 21st Dec to make full payment which I couldn't do......
Fast forward to yesterday when I received a letter from Optima Legal. The say 'we act for MBNA who have instructed us to secure payment from you. MBNA are willing to consider any proposals you may have blah blah blah'. If they don't hear from me within 14 days they may commence legal action.

I rang MBNA today and they won't talk to me about my account and told me that everything has to be dealt with via Optima Legal and to advise CCCS that payments should be made to Optima.

With all this in mind who would I send my CCA request to? Should I direct it to Optima? The reason I'm confused is that they say they are acting for MBNA and not that they have been assigned my debt.

The credit card is from years ago so I'm sure they won't have anything and I would really like to avoid a CCJ (which is what the woman at Optima told me they would be applying for in the very near future)
Apologies if I've come to the wrong thread to ask the question.
Cheers :beer:
St0lli

Hiya

You're in the right thread. Can I check, you say you were in agreement and that you'd agreed to lower repayments whilst you found work - did MBNA agree to this as well? If so they cannot default you.

However you should always CCA whoever claim to own the debt, in this instance Optima.

Send the following with a £1 cheque/postal order. 1. CCA Request

St0lli

Wow thanks for the quick response!:j

I've just checked my paperwork and MBNA did send a letter to CCCS to say they were unable to accept the reduced payment proposal (the one when I was unemployed) and CCCS advised me to carry on making payments which I did.

The wording in the letter from Optima is a bit ambiguous regarding whether they owned it and thats why I wanted to double check, so thanks for getting back to me.

Am I right in thinking that they can't start legal proceedings whilst I'm requesting the CCA?

Thanks again!:beer:

never-in-doubt

St0lli wrote: »

Wow thanks for the quick response!:j

I've just checked my paperwork and MBNA did send a letter to CCCS to say they were unable to accept the reduced payment proposal (the one when I was unemployed) and CCCS advised me to carry on making payments which I did.

The wording in the letter from Optima is a bit ambiguous regarding whether they owned it and thats why I wanted to double check, so thanks for getting back to me.

Am I right in thinking that they can't start legal proceedings whilst I'm requesting the CCA?

Thanks again!:beer:

Ok, so in essence the default may well be lawful, only assuming they sent you a Notice of Intended Default Action of course? i.e. it is a letter advising that you have 14 days to pay in full before they default you.... if you never got this then they are in breach of CCA & DPA.

However, you should send the CCA Request to whoever is writing to you. They will then deal with it or at least send it to MBNA (or return it if they are not legally assignee's). Just send it to Optima and post back if they respond....

Obviously i'd be paying the minimum you can, as agreed, until such time they default your CCA Request and as you have a default, you have nothing to lose by cessation of payments.

St0lli

never-in-doubt wrote: »

Ok, so in essence the default may well be lawful, only assuming they sent you a Notice of Intended Default Action of course? i.e. it is a letter advising that you have 14 days to pay in full before they default you.... if you never got this then they are in breach of CCA & DPA.

Yes everything seems ok with the Default Notice. It was dated 4th December and I had until 21st December to make the payment they were asking for. so no joy there!

I'll get the CCA sent off to Optima and see what they come up with... They weren't the most pleasent people to speak to I must admit so watch this space! :rolleyes:

Thanks again NID!

never-in-doubt

St0lli wrote: »

Yes everything seems ok with the Default Notice. It was dated 4th December and I had until 21st December to make the payment they were asking for. so no joy there!

I'll get the CCA sent off to Optima and see what they come up with... They weren't the most pleasent people to speak to I must admit so watch this space! :rolleyes:

Thanks again NID!

Good Luck :T

Just bear in mind - DO NOT speak to them again lol, do everything in writing.