Unenforceability & Template Letters II

never-in-doubt

roadster wrote: »

I write in response to yourrequest from Kerobo Claims for acopy of your cca under sec78 of the cca 1974.

Who is this mate?

ELMA97

Hi
Just a quick question, I have sent my cca query letter off, waiting on response. On the letter it states regarding the 'alleged' debt, surely if the debt is being paid then is that not the creditors proof that the debt belongs to the person req the cca, for court purposes. Also does all the prescribed terms on a cca normally be on just 1 page etc. thanks

Dojo_Jo_Jo

Just googled and they are a company 'helping' the public with unenforceable debts.

www.keroboclaims.co.uk

Hope this helps

never-in-doubt

Please confirm the parts below for me - thanks!

Dojo_Jo_Jo wrote: »

Only had one reply from HBOS with a reconstituted copy of an agreement.

When did you send the CCA and did they confirm it is a recon or have they implied it is the original?

Dojo_Jo_Jo wrote: »

They have found a signature from somewhere and pasted it on.

Is it though, your signature? Do you have any other accounts or did you, if not how did they get it (try and think - anything will do!)

Dojo_Jo_Jo wrote: »

Whole form including dates not in my handwriting

So it is definitely 100% not your handwriting? Can you confirm the actual dates in question and i'll quote them. (i.e. tell me if it the date of signature or date of agreement etc)

Dojo_Jo_Jo wrote: »

i.e. left the employer noted on the form a year before the signature date,

Please elaborate - I don't quite understand. Are you saying that at the time of the date you were not with that employer? Please be specific....

Dojo_Jo_Jo wrote: »

income of me and spouse clearly made up,

What have they used and what would have been more accurate at that time? Examples only please...

Dojo_Jo_Jo wrote: »

credit limit handwritten and wrong

You say wrong, what was the limit at the time you took the account and what limit have they said it was? Make sure you're right with this one

Dojo_Jo_Jo wrote: »

and the best bit of all they have me ticking the PPI box which I would NEVER and have NEVER done and have never paid a premium for.

Does it confirm any rates? Did they send you a statement? Have you reclaimed PPi yet?

never-in-doubt

ELMA97 wrote: »

Hi
Just a quick question, I have sent my cca query letter off, waiting on response. On the letter it states regarding the 'alleged' debt, surely if the debt is being paid then is that not the creditors proof that the debt belongs to the person req the cca, for court purposes. Also does all the prescribed terms on a cca normally be on just 1 page etc. thanks

We use the term alleged as it can then differentiate any confusion upon Statute Barred dates. Don't worry about this too much, it doesn't matter. No, the fact you have paid means nothing in terms of enforcing the debt. It is a gift if the CCA is not compliant.

The CCA should be 1 page unless advised that it is continued into separate documents and then they should all allign, i.e. page 1of4/page 2of4 etc etc

never-in-doubt

Dojo_Jo_Jo wrote: »

Just googled and they are a company 'helping' the public with unenforceable debts.

www.keroboclaims.co.uk

Hope this helps

Cheers - you missed my point lol. I don't help people that use these claim companies!.... therefore who are these was meant in a way of, why are you using a claim company and asking me for advice when the claim company should be doing the work not me... lol

In the nicest possible way of course

roadster

Hi

Kerobo - Im not using a claims comp, doing myself with all this fantastic info and help NID is providing. It looks like they have got me mixed up with Mrs xxxx from London. Whats my response. Tell them the error of their ways or carry on with sending letter 2. Either way it looks as if they dont have my original cca.

Cheers

never-in-doubt

roadster wrote: »

Hi

Kerobo - Im not using a claims comp, doing myself with all this fantastic info and help NID is providing. It looks like they have got me mixed up with Mrs xxxx from London. Whats my response. Tell them the error of their ways or carry on with sending letter 2. Either way it looks as if they dont have my original cca.

Cheers

Ok, no probs - sorry but I dont help people using claim companies for obvious reasons.

I'll post a reply for you shortly - hold fire

never-in-doubt

roadster wrote: »

Had a copy of t&c from Monument but nothing else - so sent letter 2

You should have sent the relevant letter from here (shown in bold red):

16. Various CCA Query Letter 'Variations'
Variations of CCA Queries, i.e.

- CCA Dispute - Illegible Copy Document Supplied;
- CCA Dispute - Terms & Conditions Supplied;
- CCA Dispute - Copy Document Supplied;

roadster wrote: »

Heard nothing from Mint, Barclaycard or MBNA so sending off letter 2 tom

Yep - send this: 2. CCA Reminder

roadster wrote: »

Had a reply from Halifax

You should send the following to HBOS and mention at the top that the agreement is clearly not yours and send them a copy and tell them the account is now unenforceable. 3. CCA Query

roadster wrote: »

Also on the terms and cond they have sent me at the very top is The Parties to this agreement are Halifax PLC and Mrs XXXXX of 42 XXXXX Rd London

Mention this in the above letter and send a copy highlighting it too!

roadster wrote: »

Kerobo - who the hell are they I am not using a claims company

Add a one-liner in the letter about this, and mention that they have clearly got you confused with someone else and as a result of this severe breach of Data Protection you demand they confirm the account is in fact unenforceable prior to seeking legal advice and getting in touch with Mrs XXXX from London!

roadster wrote: »

Who he hell is Mrs XXXX not even the right sex and about 250 miles away from my address.

As above mate

roadster wrote: »

I take it that this is unenforceable as no sig docs and not even in my name

Exactly - it is unenforceable 100 times over!

roadster wrote: »

Whats my plan of attack do I write back asking who kerobo and Mrs X are or continue with letter 2.

See above.

roadster wrote: »

Surely they are breaching data protection or something

Yep - see above. Unfortunately though the DPA is governed by the ICO who have no powers so nothign will happen to them.

roadster

Thanks again NID - will keep you posted on how i get on. I would never use a claims comp (parasites) worse than the banking world.

Your time and effort are above and beyond.

Cheers matey