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

never-in-doubt

pinkjaney wrote: »

well guess what i have had today.....A letter from moorcroft with a discounted offer to clear this debt before possible legal action now what do i do.......

Ignore them - or pay it if you think you it is the best thing to do. I wouldn't! :beer:

never-in-doubt

honey56 wrote: »

This is the one I received from Barclaycard with a copy of Terms & conditions with no signature on it. The balance on this account is £1558.12 & not £8,186.23. Don't know where they got that figure.

Please note, a copy of your current Barclaycard Credit Agreement will be sent under separate cover.

Hiya

Ok, they have told you (bold red above) they will send the CCA under separate cover so wait for that - do nothing right now.

Have you already stopped paying, i.e. what is your background? Pointless doing this if you have a good credit file or they will default you.

The fact that the balance is wrong means little, its a typo - the correct balance will show on your next statement. It seems this is a live account, be careful - you're playing with fire doing CCA on a live account (if it is defaulted they wouldnt be sending statements and asking for money!)

never-in-doubt

honey56 wrote: »

Hi, wondering if someone could help. Sent off the first CCA letter to 4 credit card companies. Mint sent this reply with a copy of an application form signed & dated by me 27/9/99, a copy of terms & conditions I presume was issued at the same time, a letter regarding a replacement card with a copy of a credit card agreement attached to it (no idea what thats about) and a copy of a statement for 12/2009. Not sure what to do next.

Please confirm the above bold text, is this a new agreement specific to the replacement card or is it the agreement for the original account?

Have they sent you a credit agreement regulated under the CCA 1974 for the original account in question? If not, you reply with this:

3. CCA Query
This is the letter you send if they send you an application form or omit the prescribed terms.

CaseyJay_2

I've got to letter #4 (Dispute) on two requests and it all seems pretty quiet:

• Lloyds/MHA haven't bothered replying (or chasing me) since September
• HSBC/MCS have acknowledged request but said 'we are not yet in a position to respond..' and followed this up with 'once we are in a position to do so the relevant documentation will be issued to you' (mind you they did sent me copies of the past three years worth of statements)

My credit file is no doubt in tatters, but as I live overseas not so much a concern. Both creditors seem willing to negotiate since I stopped payments (perhaps they realise I might be difficult to chase up).

Am wondering whether now is the time to settle or string them out for longer/not pay at all (both cards date back to 1986 so paperwork may be hard to track down). Any tips?

[cracking thread btw NID - a real gift to the consumer]

never-in-doubt

caseyjay wrote: »

Am wondering whether now is the time to settle or string them out for longer/not pay at all (both cards date back to 1986 so paperwork may be hard to track down). Any tips?

[cracking thread btw NID - a real gift to the consumer]

Just ignore them lol - you're out the country anyway.

after 6 years of non payment it becomes Statute Barred so just hold fire - nothing they can do.... :cool:

Unicorn0578

Sorry my post was a little confusing with links and such.

Please see link below:

h t t p /i 4 9.tinypic.com/14seckz.jpg

I requested my original Consumer Credit Agreement and this is a copy they have sent to me and I am trying to work out the prescribed terms.

Although the agreement was in 2002 they say I have made a payment just within 6 years.

Thanks and I appreciate any advice.

never-in-doubt

Unicorn0578 wrote: »

Sorry my post was a little confusing with links and such.

Although the agreement was in 2002 they say I have made a payment just within 6 years.

Thanks and I appreciate any advice.

Link here: http://i49.tinypic.com/14seckz.jpg

That agreement (above) is NOT enforceable as NONE of the prescribed terms are on it, you know why? Its an application form not the agreement! :rotfl:

They need to come up with better than that! In response send this: 3. CCA Query

Can you confirm - this was taken out in 2002 but you have not paid since then? i.e. when did you last pay, this is extremely important.

never-in-doubt

roadster wrote: »

Morning NID

All looks pretty enforceable to me what do you think ? Or am i missing something.

:beer:

I agree mate, going on what you have stated.... bummer. When did you take it out again?

I_Love_Crisps

Hi Nid

Just getting rest of my Ccas ready, but then I saw you put this:

"..you're playing with fire doing CCA on a live account (if it is defaulted they wouldnt be sending statements and asking for money!)"

Mine are still live at the moment, as I paid this month, but am now sending the rest of the cca's to see what they send back...the playing with fire comment got me a little worried, tho as I said before I dont mind getting a bad credit file...as I wont be using it in the next six years...

never-in-doubt

pinkjaney wrote: »

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.

You're getting really confused here between a CCA & a SAR - you need to read page 1. It is so simple now its all been updated!

A CCA costs £1 and tells the lender to send a copy of your agreement and statement and balance etc under the Consumer Credit Act 1974. A SAR costs £10 and is used to request everything that a company holds about you, under the Data Protection Act 1998.

Make sense yet? Read page 1 (post 1) to learn the abbreviations etc and then scroll down and spend some time researching things. You will not only confuse yourself (along with us lot on here) but also the lender which means they will start to take you for granted being it is evident you don't really have a clue... (no offence intended but that is what they will say).