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Unenforceability & Template Letters II
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Ignore them - or pay it if you think you it is the best thing to do. I wouldn't! :beer:
Niddy - Over & Out :wave:
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!)
Niddy - Over & Out :wave:
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:
Niddy - Over & Out :wave:
- 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]
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:
Niddy - Over & Out :wave:
Please see link below:
h t t p
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.
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!
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.
Niddy - Over & Out :wave:
I agree mate, going on what you have stated.... bummer. When did you take it out again?
Niddy - Over & Out :wave:
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...
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).
Niddy - Over & Out :wave: