Unenforceability & Template Letters II 14 November 2009 at 10:35AM edited 27 February 2010 at 3:16AM in Debt-Free Wannabe 2.5K replies 204.5K views

pepe2008

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

I had similar with Barclaycard, they sent me someone elses CCA ( complete Application Form should I say;)). I retained it 'as evidence' and ended up speaking with one of their Senior Data Protection Managers. Needless to say it stopped their antics immediately:D

astravanman

Just want to say what a fantastic letter NID. Will definitely come in handy if they try the forgery route with us. I would imagine this goes beyond a civil matter into criminal activity in trying to obtain money by deception!! Great letter mate.

bankkiller

hey guys

well, after the "final response letter" Lloyds sent me regarding my card,
I sent them another letter stating that the CCA was illegible and how they also failed to properly give me all the information from my SAR request.

i got a response recently after I sent them another letter stating that the CCA they sent me was illegible.
They also failed to send me all information they hold on me when I sent them a SAR request.
So I complained about both the CCA illegibility and the failure to adhere to the SAR request.
This is what they sent me.



I've stopped paying them now anyway. So I guess I just wait until they try to issue court proceedings, then I will put my defence in I guess.

pepe2008

Morning NiD,
I have just saved the letter ( for DoJoJo ) in my Files as 'CCArequestlyingf**kers' I think that covered it:D

pepe2008

Bankliller.......that looks like a 'pleeeease keep paying us' letter to me. They know that they'll need what you are asking for to get you into Court but they are trying not to find that they haven't got it. Typical cr*p, I have a Complaint in with the FOS about this sort of rubbish, decision due soon.

bankkiller

pepe2008 wrote: »

Bankliller.......that looks like a 'pleeeease keep paying us' letter to me. They know that they'll need what you are asking for to get you into Court but they are trying not to find that they haven't got it. Typical cr*p, I have a Complaint in with the FOS about this sort of rubbish, decision due soon.

indeed it does.
they sent me a shoddy illegible CCA with terms missing.
ive stopped paying them, and will issue a defence if they try to sell on to a DCA or issue a claim against me.

ELMA97

Hiya
Can anyone give me a helping hand wth this one if poss. I am stopping my dmp with cccs as I have ceased payments to 1 creditor(sent cca all prescribed terms not there) and cccs won't stop paying for me so... I am having to write to DCA for a loan which is enforceable do I state that I am now taking over payments-is there any need to state why? Also if I send the current budget will they not see that I have stopped paying my cc and tell me now that I will have more money for them so to speak? Do I need to send another SOA to them? Thanks for all the help by the way, wouldn't have been able to do all this without it.

pepe2008

ELMA97 wrote: »

Hiya
Can anyone give me a helping hand wth this one if poss. I am stopping my dmp with cccs as I have ceased payments to 1 creditor(sent cca all prescribed terms not there) and cccs won't stop paying for me so... I am having to write to DCA for a loan which is enforceable do I state that I am now taking over payments-is there any need to state why? Also if I send the current budget will they not see that I have stopped paying my cc and tell me now that I will have more money for them so to speak? Do I need to send another SOA to them? Thanks for all the help by the way, wouldn't have been able to do all this without it.

I have just done precisely this, contact your Creditors sending them a Copy of the Current CCCS Budget on which your figures are based. You do not have to tell people why you are changing just assure them that you will continue to pay as per the CCS agreement.
You also do not have to tell other Creditors the situation regarding the no-CCA one either..the debt is still there, just not enforceable:D ( So keep it in your Budget!)
I set up SO's for the remaining creditors.

Something like...

Due to the actions of another Creditor, it is neccessary that I make payments directly to you rather than via CCCS.
Payments will continue as present and I am happy to review the situation on a regular basis as would have been the case with CCCS.

Could you please forward me details to enable me to set up a Standing Order for my future payments.

I enclose an up-to-date Financial Statement and thank you for your continued understanding.

Yours,

I had absolutely no problems with this process, one did try to say that as I was no longer wth CCCS it 'changed things'......I suggested that this would be 'unfair' and I would be happy to discuss this with tthe OFT or FOS and they shut up:D

it was Cap1 btw, ....see post below.

I_Love_Crisps

Hi all, new here and been reading this thread...Just like to say Nid does a brilliant job and is a hero!

Well im here as i've recentley been made redundant, and obv the mortgage comes first...im afraid I have four credit cards, and have recentley sent the first cca letter to Capital One, now waiting for their reply...im still paying the other three credit cards as it would be hard to deal with them all at the same time would'nt it?

If these credit card people have not followed the law, its only right we challenge them...as these bankers dont care a jot about us...Capital One keep on putting up my interest rate evey few months, yet interest rates are coming down?!?! :mad:

Anyway hi to everyone else on here, and gl!

pepe2008

I_Love_Crisps wrote: »

Hi all, new here and been reading this thread...Just like to say Nid does a brilliant job and is a hero!

Well im here as i've recentley been made redundant, and obv the mortgage comes first...im afraid I have four credit cards, and have recentley sent the first cca letter to Capital One, now waiting for their reply...im still paying the other three credit cards as it would be hard to deal with them all at the same time would'nt it?

If these credit card people have not followed the law, its only right we challenge them...as these bankers dont care a jot about us...Capital One keep on putting up my interest rate evey few months, yet interest rates are coming down?!?! :mad:

Anyway hi to everyone else on here, and gl!

Cap1 Credit Cards are t*ssers.....Cap 1 Loans seem to be OK....why? Who knows! See post above..!