Unenforceability & Template Letters II

chinawhite_2

never-in-doubt wrote: »

Yes, you send 2 x £1 cheques and this is for each account you hold with them.

hi thanks for your reply, I didnt make myself clear though, sorry !! I have actually sent the £1 request to both separately but they have only sent one CCA with no account number on and not stating whether its for visa or mastercard, just wondered If I should follow up again asking for one for each or if this agreement covers both

thanks:D

never-in-doubt

chinawhite wrote: »

hi thanks for your reply, I didnt make myself clear though, sorry !! I have actually sent the £1 request to both separately but they have only sent one CCA with no account number on and not stating whether its for visa or mastercard, just wondered If I should follow up again asking for one for each or if this agreement covers both

thanks:D

It may cover both - is it a dual agreement? If not then they should send one for each card, i.e. if you applied for two cards you get 2 agreements. 1 card = 1 agreement.

chinawhite_2

never-in-doubt wrote: »

It may cover both - is it a dual agreement? If not then they should send one for each card, i.e. if you applied for two cards you get 2 agreements. 1 card = 1 agreement.

Hi thanks for the quick reply, have just been back reading this thread, and wow - what's up with savysaving or whatever he's called - what a poisonous little man he is !!!!!!!!!!!!:eek: and what a common little chav using language like that - sorry, I digress !!! He's actually not worth the airtime.

How would i be able to tell if its a dual agreement, what they have sent me is the same as most other people have posted here and on the CAG website. Thanks in advance for you help NID - you are such a helpful person, and soooo knowledgeable, unlike some people :T

never-in-doubt

chinawhite wrote: »

Hi thanks for the quick reply, have just been back reading this thread, and wow - what's up with savysaving or whatever he's called - what a poisonous little man he is !!!!!!!!!!!!:eek: and what a common little chav using language like that - sorry, I digress !!! He's actually not worth the airtime.

How would i be able to tell if its a dual agreement, what they have sent me is the same as most other people have posted here and on the CAG website. Thanks in advance for you help NID - you are such a helpful person, and soooo knowledgeable, unlike some people :T

The guy doesn't have a clue and like you, I feel he's better on ignore then I don't need to read his twisted drivvel. I think though, he's been put to shame as plenty of you guys have come by confirming he's talking carp!...

Regards to the dual agreement, you'd know if it was. I am talking about something similar to the Lloyds TSB Dual or the old HSBC Card that came with a Visa & Mastercard and shared one limit.... both these would have 1 x CCA as it was one account you applied for, but got 2 cards with one limit.

What I mean is you may have got 2 cards but one account (and limit). If you got 2 accounts (i.e. 2 monthly statements) and had 2 credit limits then you need 2 CCA's.

make sense now lol?

never-in-doubt

Page 1 Updated

Page 1 has now been updated with recent changes and therefore the templates may look and feel slightly different. Don't worry! It's just a regular update to correct any errors and amend bits; going on from recent developments such as the recent McGuffick v RBS case and the other test case judgments.

Remember at this point in time nothing has changed whatsoever other than a lender can pursue an unenforceable debt only by way of adding a default or writing/ringing you - they still cannot enforce it which is the main thing.

If you've recently been advised to send a letter, just check page 1 for accuracy before posting it as there have been a lot of 'slight' changes made throughout most the actual letters.

Remember all templates are there to be edited to suit your own circumstances - don't just assume you can copy and paste it onto a word document, easy as it would be to do this, i;d always suggest reading the template before sending it just to make sure you know what you're sending.

James3891

Hi NID,

Could use a bit of your advice please.

£500 Vanquis debt 3.5 years old no payments/acknowledgements made in that time.

CCA'd first DCA around July 2009 got no response at all to this day , as i was sorting a load of my mums other debts for her never got round to sending any follow up letters.

Recently new DCA taken it over , i know from advice here i need to send the hand it back to them letter but wondered if i now need to send a reminder of being in default/breach to the original DCA or if they'll accept it back in dispute purely as they never replied.

Really appreciate it,

James

munchins

"Remember at this point in time nothing has changed whatsoever other than a lender can pursue an unenforceable debt only by way of adding a default or writing/ringing you - they still cannot enforce it which is the main thing."

Really sorry to butt in here, I apologise if the etiquette is not being observed.
NID, very new here but reading your advice you have certainly given me some hope with my problems. Your advice and help is greatly appreciated.
Just a quick question: have their recently been some cases where County Courts have given judgement in favour of creditors despite unenforceable agreements in place!
I've just requested some CCA's as I have Mercers and Cap 1 on my case and worried about this route.

pepe2008

munchins wrote: »

"Remember at this point in time nothing has changed whatsoever other than a lender can pursue an unenforceable debt only by way of adding a default or writing/ringing you - they still cannot enforce it which is the main thing."

Really sorry to butt in here, I apologise if the etiquette is not being observed.
NID, very new here but reading your advice you have certainly given me some hope with my problems. Your advice and help is greatly appreciated.
Just a quick question: have their recently been some cases where County Courts have given judgement in favour of creditors despite unenforceable agreements in place!
I've just requested some CCA's as I have Mercers and Cap 1 on my case and worried about this route.

Dont assume that the Judge will know what he/she is doing in regard to the CCA1974. Thats why its important to get your situation sorted before it gets that far.
Which is why information and help such as that from NiD and others ( obviously not that bed-wetter 'savysaving!) is so useful in preventing Creditors taking you straight to Court before you are aware of your REAL RIGHTS.

pepe2008

savysaving wrote: »

NID is a comedy act with his head up his ar se, What a tw at. :rotfl::rotfl::rotfl:

Always In Doubt, You are such a simpleton that is unbelievable, what is more amazing is that you are so thick you don't know what a fool you are.

What case law are you referring to clown?

Silly ignorant midget yapping like a girl 'muppet..muppet...muppet'

You sit here and spew rubbish to a bunch of people that don't understand scoobie and think you know what you are talking about, great achievement ! Mr Inadequate!

Stop your wingeing, you happen to be always in doubt but your name is never in doubt OK calm down junior.

CLOWNING again NID said :
'sorry but legally you don't have an opinion, you tend to stick to facts, so yet again you've made yourself look like a fool! '
COME AGAIN MASTER ! :rotfl::T:rotfl::rotfl:Hahahahahaha
This junior thinks that as a lawyer you cannot have an opinion ... hmmmm .. !!!!!! OR WOT !

This boy is a circus and comedy parade all in one, WE LOVE NID, give us more advice master, PLEASE ...

Sorry NID mate, I cannot follow you on your rantings about the war in Afganistan, you overstretched me genious ....

NID thinks that a CCA without the prescribed terms will be deemed enforcable 'Cos of case law' BOY YAR BullSH iT Ting me now! :rotfl:

Give us the case law O GREAT one ! Let us take you apart PLEASE !

What a Plainly uninteligent statement by NID , he said:
'we will notify you of your limit from time to time' satisfies the enforceability of it.'

SPRECHEN ENGLISH?

What does '"This may be a term or the manner in which it will be determined or that there is no credit limit." mean?

Always in doubt, think man, think, sit down grab 3 cups of coffee and go over this s-l-o-w-l-y 'a term' , 'a manner of determination' , 'no credit limit' does NOT equate with 'we will inform you', yeah, simples

If you cannot get that consider changing jobs, car washing is too demanding for ya.

One last word of advice NID, if you feel dumb and inadequate just call me 'idiot' yap 'muppet' at me and everyone will instantly know you are da man !:p:rotfl:


Ok enough now, I pity the spaz.

...I think I saw some trolleys in the Tesco car park that need tidying up, off you go, savysaving, back to your day job...

MACO_2

never-in-doubt wrote: »

Hiya

Ok, if you're certain it is NOT a bank account then you need to reiterate this point to the DCA (debt owner) and send back the following letter:

Hi N-I-D,
Thanks for that mate. After studying the CC application form they sent me (its very small) I discovered that it clearly states that I did not hold a bank account with them :T.
Thanks again.