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Unenforceability & Template Letters II

edited 27 February 2010 at 3:16AM in Debt-Free Wannabe
2.5K replies 204.7K views
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  • never-in-doubtnever-in-doubt
    20.6K posts
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    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...

    They are half right: Sorry BUT it is acceptable for them to omit the signature box on a CCA, however you will be arguing the fact that you specifically request a photocopy of the original in order to ascertain whether the debt is indeed enforceable or not. Until such time as they comply and send a signed copy you will continue to claim unenforceability and await their attempted court action, which will be defended as the provision of s.127(3) does not allow any enforcement on an unenforceable debt, basically without the original the lender cannot take you to court.

    So, bear in mind the following:
    Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (particularly regulation 3(2)(b)) provides that a copy can omit any signature box, signature or date of signature.

    In a nutshell, ignore them (assuming you've already had a default regards to this?)
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Thanks Nid for a quick reply...

    Todays letter from Cap One was my first reply from them...and they just reminded me to make my Feb payment at the end of the letter, as is obvious it isnt my original copy they have sent...and no there has been no default yet, so do I send letter 4 or one of the others?

    :beer:
  • never-in-doubtnever-in-doubt
    20.6K posts
    ✭✭✭✭✭
    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?

    Hiya

    Can you confirm are you actually defaulted as yet? If so, i.e. if your credit file is already knackered then STOP PAYING THE OTHER 3 ACCOUNTS! :eek::eek:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubtnever-in-doubt
    20.6K posts
    ✭✭✭✭✭
    Thanks Nid for a quick reply...

    Todays letter from Cap One was my first reply from them...and they just reminded me to make my Feb payment at the end of the letter, as is obvious it isnt my original copy they have sent...and no there has been no default yet, so do I send letter 4 or one of the others?

    :beer:

    Are you sure you want to do this, if you've not been defaulted cos although i'll be able to help you save paying unfortunately your credit file will take a hit and you'll struggle to get credit for 6 years... part of chasing unenforceability is having the 'balls and will' to cease payments. If your credit file is good then i'd suggest you forget this route.... :o

    Up to you mate, if you want to do it then just say the word and we'll get on with all 4 accounts.... ;)
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Again thanks Nid...I best give you some more details I think...

    I recentley lost my job, I am living at my sisters at the moment (she has quite a big house! :D). I have a mortgage but rent my house out...the rent does not cover my mortgage bill tho....I have messed up with credit cards over the last few years and owe the following....

    Barclays - 8000
    Capital One - 7000
    Mbna - 4000
    Mint - 4000

    None of this can affect my property can it? so I see my only route is to challenge my cards...ie. challenge the law, as I know these banks would do the same to us! I find it pretty disgraceful how interest rates have come down so far, yet Capital One put it to its highest...yet the taxpayers bail them out and they are still giving large bonuses to each other...

    So no I am not defaulted yet, but if I stopped paying them all at once...I just dont want my sisters house to be bombarded with phonecalls, or should I get on with sending ccas to the other 3, my only other problem is I have my direct debits, bank account with Barclays, so would have to change that...can you still open a current account with another bank when defaulted?
  • never-in-doubtnever-in-doubt
    20.6K posts
    ✭✭✭✭✭
    Again thanks Nid...I best give you some more details I think...

    I recentley lost my job, I am living at my sisters at the moment (she has quite a big house! :D). I have a mortgage but rent my house out...the rent does not cover my mortgage bill tho....I have messed up with credit cards over the last few years and owe the following....

    Barclays - 8000
    Capital One - 7000
    Mbna - 4000
    Mint - 4000

    None of this can affect my property can it? so I see my only route is to challenge my cards...ie. challenge the law, as I know these banks would do the same to us! I find it pretty disgraceful how interest rates have come down so far, yet Capital One put it to its highest...yet the taxpayers bail them out and they are still giving large bonuses to each other...

    So no I am not defaulted yet, but if I stopped paying them all at once...I just dont want my sisters house to be bombarded with phonecalls, or should I get on with sending ccas to the other 3, my only other problem is I have my direct debits, bank account with Barclays, so would have to change that...can you still open a current account with another bank when defaulted?

    As you're not defaulted yet, get a new account away from any of the groups you owe to (so avoid barclays & rbs)....

    Are you sure you want to do this though, you have a mortgage - when you get defaults you will struggle to get a mortgage for 6 years. See what i'm saying?

    And yea, technically they cannot do much but if the debt was enforceable they could look at a charging order or the likes, but not if the agreement is unenforceable as no action can be taken in such a situation.

    Its up to you, but you do need to ensure you're making the right decision - why not offer a minimal amount each month, ok I know what you're saying if you're not working but can you sell the house and make anything that way?

    Must be better options than ruining a good credit rating mate...... but it will also save you £23k so its a hard one to call... :o
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Where I live the housing market crashed pretty badly and it would'nt sell in the current climate anyway, I have a good tennant and would prefer to leave that as it is...im not looking to get a mortgage, have done the joint mortgage thing twice with partners...so I am going to be quite happy probably renting in the future, the 6 year default is not a problem either, I dont want to borrow ever again! :(

    I have my mortgage with the Halifax so could open a new account there, they arent involved with any of my card banks are they?

    So to me personally a bad credit rating will not affect me in the future...next step letter 4 to Capital One, and cca the other 3...

    Have a :beer: on me Nid, your pretty amazing!
  • never-in-doubtnever-in-doubt
    20.6K posts
    ✭✭✭✭✭
    Where I live the housing market crashed pretty badly and it would'nt sell in the current climate anyway, I have a good tennant and would prefer to leave that as it is...im not looking to get a mortgage, have done the joint mortgage thing twice with partners...so I am going to be quite happy probably renting in the future, the 6 year default is not a problem either, I dont want to borrow ever again! :(

    I have my mortgage with the Halifax so could open a new account there, they arent involved with any of my card banks are they?

    So to me personally a bad credit rating will not affect me in the future...next step letter 4 to Capital One, and cca the other 3...

    Have a :beer: on me Nid, your pretty amazing!


    Hiya

    Ok, that all makes sense and you've evidently thought about your ptions which makes me happy. Yea, you send the 4th letter to crappy1 and the CCA Request to the others but DO NOT include Barclays til you have a new account..... try halifax now, you'll get instant decision before 6pm... :p

    Post back any updates you get and we'll sort them for you. :T

    I can't believe you spent all that on crisps! :rotfl::rotfl:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Hi

    I requested a copy of all personal data and sent the £10 to moorcroft, they asked for proof of identity which i sent to them. They returned it a few weeks later.

    As they never sent what i requested i then sent them a letter stating that as the had not responded they could not issue any more letters chasing the debt etc etc now I have had a letter from them stating that i have failed to send the relevant information and have returned the £10.00.

    Also if i want the info to rerequest it and send them another £10.00.

    So what action must i take now please as i have no idea what to do.
  • Hiya

    Ok, that all makes sense and you've evidently thought about your ptions which makes me happy. Yea, you send the 4th letter to crappy1 and the CCA Request to the others but DO NOT include Barclays til you have a new account..... try halifax now, you'll get instant decision before 6pm... :p

    Post back any updates you get and we'll sort them for you. :T

    I can't believe you spent all that on crisps! :rotfl::rotfl:

    :rotfl::rotfl: Crisps, ahaha I really Lol out loud!

    Thank you so much for this, as you can imagine I am very down in the dumps...and have had some pretty bad thoughts about my life recentley...I know ive been stupid but hopefully I can get some kind of life back, have a good evening m8...:beer:
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