Unenforceability & Template Letters II 14 November 2009 at 10:35AM edited 27 February 2010 at 3:16AM in Debt-Free Wannabe 2.5K replies 204.7K views

terimon

Thanks mate. You dont forget or sleep do you!

Yeah nothing has changed apart from me not worrying any more.

Ill wait to see what MBNAs next move is before i write any more letters.

Nothing come of the post card and that was a couple of weeks ago.

never-in-doubt

Good man - just you stay chilled :beer::beer:

terimon

Cheers once again.

Goodnight mate

bankkiller

never-in-doubt wrote: »

They are not thieves, it is called RoSo (right to Offset) which means that as you owe X bank money, if you have cash in another account within X bank they can dip in and take it then write and tell you AFTER the event (to stop you emptying it first lol)....

Get a new bank account asap mate and stop using the one you are claiming unenforceability!

Yeah I know, if you have the same card with same bank, they can take out funds from your account,
Luckilly though, its only one payment, Im sorting this out right now.

I have now got a Barclays account, just shifted over all direct debits etc,

In theory, what happens if I leave the lloyds current account open with £0 balance, (it has an overdraft limit of £600 on this current account)?

Are they allowed to take money and charge it on the overdraft?

I'm going to close it down completely to make sure.

pepe2008

Morning all, just thought I'd post this here as some of you may also come across this bunch......did eventually talk to some idiot on the 0800 number who was STILL trying to sell me something... all credit for his tenacity.


I have been plagued by calls from 'MSAC' and there seems to be no way of saying 'NO I'm not intersted, never phone me again'.

After a bit of research, they are from 'Money Saving Advice Centre'

also trading as 'Claims Justice'

owned by Compensation Professionals Network Ltd
Ringway House
Bell Road
Basingstoke
Hants
RG24 8FB

www.claimsjustice.co.uk 0800 856 8808

They are involved in everything from PPI and Bank Charges Reclaim, Selling DRO and IVA, Consolidations....the lot. basically, everything that will cost you more money!

Reported them to OFCOM. They ring, you only ever get an automated Q & A session. If you answer NO to everything you get 'We will EITHER amend our records OR ring you back within 24 hours'!

I_Love_Crisps

Got my reply from Cap One today, after sending letter 1 for the Cca, in the letter they say they have sent a copy of my credit aggreement as requested, but it is an unsigned application form...but they have also put the following:

In addition, your personal details, the signature box, signature and date of signature have been omitted from the copy provided as permitted under regulation 3 of the Consumer Credit (cancellation notices and copy documents) regulations 1983.

What does that actually mean? isnt it unenforceable because this isnt the original and no signature from me or them? shall I go straight to letter 4...

Thanks in advance...

astravanman

Hi NID & all, just a couple of Q's if you don't mind.
We sent out CCA requests to 8 creditors on 7th Jan and although some have sent various replies none have yet complied with the cca so I guess it's time for step 2 reminder letters. Out of the 8 cca's sent recorded delivery, 3 have not been signed for (but 2 have obviously received them as the £1 cheques have been cashed). Oh and don't worry the cheques were provided by a 3rd party :-). The one that hasn't signed or cashed the cheque do we have to sent the first cca request again and give another 14 days, or I was thinking of going straight to letter 2 and enclosing a copy?

As the accounts are already in default & no payments have been made for quite some time I was also thinking of modifying the letter slightly and leaving out the last paragraph about ceasing payments until the matter is resolved. TBH we don't really want to push them too hard to resolve it and produce an enforceable cca (if one does exist) so prefer to keep the status quo as it were.

Farmer_jones

I received a repy from my letter (NID's number 3.CCA Query) from Robinsons. They say they have provided me with enough information,( a collection of bank statements) pay up or less.....but they gave me a 50% discount.

So Whats next, letter number 4 ?

Nothing heard from Lowells at all......nothing. Should I write letter number 2 to Lowells ?

Thanks

never-in-doubt

Farmer_jones wrote: »

I received a repy from my letter (NID's number 3.CCA Query) from Robinsons. They say they have provided me with enough information,( a collection of bank statements) pay up or less.....but they gave me a 50% discount.

So Whats next, letter number 4 ?

Nothing heard from Lowells at all......nothing. Should I write letter number 2 to Lowells ?

Thanks

Yep, send letter 4 and then ignore them. They are chancers

Just a flying visit, back in the morning

never-in-doubt

astravanman wrote: »

Hi NID & all, just a couple of Q's if you don't mind.
We sent out CCA requests to 8 creditors on 7th Jan and although some have sent various replies none have yet complied with the cca so I guess it's time for step 2 reminder letters. Out of the 8 cca's sent recorded delivery, 3 have not been signed for (but 2 have obviously received them as the £1 cheques have been cashed). Oh and don't worry the cheques were provided by a 3rd party :-). The one that hasn't signed or cashed the cheque do we have to sent the first cca request again and give another 14 days, or I was thinking of going straight to letter 2 and enclosing a copy?

As the accounts are already in default & no payments have been made for quite some time I was also thinking of modifying the letter slightly and leaving out the last paragraph about ceasing payments until the matter is resolved. TBH we don't really want to push them too hard to resolve it and produce an enforceable cca (if one does exist) so prefer to keep the status quo as it were.

If they have not replied in 14 days mate then send the CCA Reminder letter. To those that then fob you off you send the CCA Query letter.

Its fine to remove that part of text, but then you could just ignore them as they are still in default until they respond, you don't have to chase anything if you don't want to....