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

roadster

Hi NID

Already sent out the template letter but did amend to express concerns, shock, disgusted and threating them with the FOS and informing Mrs XXXX of London (wonder if she has mt CCA lol) etc etc as per your post last night, and at the way they are treating sensitive data etc etc. I will let you know what comes back. But thanks for the offer of a NID special letter. Maybe need one for the next reply.

never-in-doubt

roadster wrote: »

Hi NID

Already sent out the template letter but did amend to express concerns, shock, disgusted and threating them with the FOS and informing Mrs XXXX of London (wonder if she has mt CCA lol) etc etc as per your post last night, and at the way they are treating sensitive data etc etc. I will let you know what comes back. But thanks for the offer of a NID special letter. Maybe need one for the next reply.

Ok mate, that is the correct route - you'd be complaining to the FOS first & foremost with a copy to the ICO as you'd be initially complaining about the banks 'slackness' in general.

Keep us updated

Pressers

Hi again NID. I have a couple of developments I want to ask you about but first of all I want to congratulate you on the measured and dignifed way in which you responded to that Troll! Well done.

We have had a letter from Halifax with the wrong name after the Dear Mr. All the other details are correct (address & ac no.) but the surname is wrong. Anyway, the letter was in response to the CCA dispute letter & again sent a photocopy of their general CC agreement with no signature (just my husband's name & address typed at the top). So firstly, do I address the issue of the wrong surname or just ignore it? And secondly, which letter do I send next?

Also, we received a letter from Barclaycard following our submission to them of CCA Dispute letter (all they have sent so far is photocopy of T&C). In it they say:

I write further to your recent letter alleging that we have failed to compl with our obligations in relation to your reques for documents pursant to Section 78 of the Consumer Credit Act. Please note that we have already set out, in detail, why we are are satisfied that the documents already provided to you have discharged out obligations under the Act. We are under no legal obligation to provide any further documentation to you in this regard. (by the way, I haven't made the typing errors - they did!)

Anyway, really I want to know which letter to send now. They obviously haven't got the originals!

One last question, and I promise that's it for now. We did get a CCA back from First Direct & whilst I thought it was probably ok, I did send off the Dispute letter anyway. Now we have had a letter from DG Solicitors making an offer (not a brilliant one, but an offer all the same). Wondered what you thought?

As always I truly appreciate your time and advice and I hope that one day you are honoured for your services!

Many thanks, Pressers.

never-in-doubt

Pressers wrote: »

Hi again NID. I have a couple of developments I want to ask you about but first of all I want to congratulate you on the measured and dignifed way in which you responded to that Troll! Well done.

lol, thanks! :rotfl:

Pressers wrote: »

We have had a letter from Halifax with the wrong name after the Dear Mr. All the other details are correct (address & ac no.) but the suremane is wrong.

Its only a small breach of DPA but only if the named person found out and to be fair, not worth pursuing.

Pressers wrote: »

Anyway, the letter was in response to the CCA dispute letter & again sent a photocopy of their general CC agreement with no signature (just my husband's name & address typed at the top).

Ok, well they clearly do not have the original - so what you do now is cease repayments (assuming you already have) and ignore them until such time they present a genuine copy of the original.

I'd send this, just to let them know your intentions: 4. CCA Dispute

Pressers wrote: »

So firstly, do I address the issue of the wrong surname or just ignore it?

Ignore it - it doesn't matter.

Pressers wrote: »

And secondly, which letter do I send next?

This: 4. CCA Dispute

Pressers wrote: »

Also, we received a letter from Barclaycard following our submission to them of CCA Dispute letter (all they have sent so far is photocopy of T&C). In it they say:

I write further to your recent letter alleging that we have failed to compl with our obligations in relation to your reques for documents pursant to Section 78 of the Consumer Credit Act. Please note that we have already set out, in detail, why we are are satisfied that the documents already provided to you have discharged out obligations under the Act. We are under no legal obligation to provide any further documentation to you in this regard. (by the way, I haven't made the typing errors - they did!)

Ok, well they haven't satisfied anything! Send the following template, highlighted below in red (click the green link then select the relevant letter shown in 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;

Pressers wrote: »

Anyway, really I want to know which letter to send now. They obviously haven't got the originals!

See above - you're right, they probably haven't!

Pressers wrote: »

One last question, and I promise that's it for now. We did get a CCA back from First Direct & whilst I thought it was probably ok, I did send off the Dispute letter anyway. Now we have had a letter from DG Solicitors making an offer (not a brilliant one, but an offer all the same). Wondered what you thought?

If they are maiking an offer of settlement, can you afford it? If you're going to be left with loads of deafults etc then one more won't hurt will it? If you see what I mean....? Now you know why I always usually suggest sending the dispute letter as standard, it can't hurt and it does (at times) show the lenders true colours!

Pressers wrote: »

As always I truly appreciate your time and advice and I hope that one day you are honoured for your services!

Many thanks, Pressers.

You're welcome mate - anytime. :beer:

Pressers

Thanks so much NID. Another brilliant reply. Re the Halifax case - we have already sent the 4. CCA Dispute letter - should I just resend it?

never-in-doubt

Pressers wrote: »

Thanks so much NID. Another brilliant reply. Re the Halifax case - we have already sent the 4. CCA Dispute letter - should I just resend it?

Nope, no need mate assuming you have the proof of postage etc....

Remember to send the right letter to Barclays lol.

Pressers

Cheers NID. I will! I'll keep you posted. Thanks again.

terimon

Just been reading over the thread for ages.

Cant believe that idiot had a go at you!

I think he got his answer though, cos we all love you NID

terimon

You prob cant remember my debts but Nat West have still to contact me apart from sending statements each month.

MBNA were phoning about 5-10 times a day. That has stopped for the last two weeks though.

I did receive a post card threatening a visit which i ignored.

Not sure if i should send letters to them while ignoring debts or put the alleged debt in the letter

Thanks again NID

never-in-doubt

terimon wrote: »

You prob cant remember my debts but Nat West have still to contact me apart from sending statements each month.

MBNA were phoning about 5-10 times a day. That has stopped for the last two weeks though.

I did receive a post card threatening a visit which i ignored.

Not sure if i should send letters to them while ignoring debts or put the alleged debt in the letter

Thanks again NID

Natwest admitted unenforceability right? So with that you ignore them (same as I told you here lol - #611 ) -

I always remember! :rotfl:

MBNA - I assume you sent the first of these: #15

Regards to the postcard - you need to send this letter: #15 and select the relevant one (Threat of Doorstep Visit)

Do as advised above mate - lol, and chill out (see, you've seen nothing has changed since what, end of November?) :beer: