Unenforceability & Template Letters II

never-in-doubt

I_Love_Crisps wrote: »

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...

Ok, stop paying - no lender will take you serious so long as you're paying..... pending of course you provide details sooner than later so I can advise correctly! Do you want to start by posting one post with details of your 'history' so I can get an idea, then i'll be able to offer accurate advice.

never-in-doubt

I_Love_Crisps wrote: »

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:

Mate the last thing you ought to do is stress about debt, I know it is easier said than done but seriously the lender has as many rights as a rapist at a woman's convention! They like to think they are in control and will be if you let them... if you stand firm and use the law then you'll generally always win.

Chin-Up, now you've found us things will start to get better :eek:

I_Love_Crisps

Its the crisp man from the page before...:rotfl:

I gave you some details there m8...do you need some more info?

In the process of sending Cap 1 letter 4, and the 1st cca letters to Mint and Virgin...Barclaycard will have to keep paying at the moment as my bank account, mortgage, and direct debits all with them...opened a Halifax current account today like you said...:j

I_Love_Crisps

Ahh just seen your previous comment Nid, thanks for your support...you are an :A!

never-in-doubt

I_Love_Crisps wrote: »

Its the crisp man from the page before...:rotfl:

I gave you some details there m8...do you need some more info?

In the process of sending Cap 1 letter 4, and the 1st cca letters to Mint and Virgin...Barclaycard will have to keep paying at the moment as my bank account, mortgage, and direct debits all with them...opened a Halifax current account today like you said...:j

Nice one - sorry mate I do remember, at the time I was speaking to someone else lol and maybe mixed posts haha

So you know what you're doing now, right? happier now mate? :beer:

I_Love_Crisps

Not just an :Am8...a life saver as well in some ways...with the hope you've given me...:T

never-in-doubt

I_Love_Crisps wrote: »

Not just an :Am8...a life saver as well in some ways...with the hope you've given me...:T

Cheers - no worries. Just remember, don't let it get you down.... go have a few :beer::beer:

never-in-doubt

St0lli wrote: »

Here’s what they have sent me in the CCA

B Repayments
C Rate of Interest
D Credit Limit

This seems ok, if you can scan it and email me it (or post here) i'll take a look if you want?

St0lli wrote: »

HOWEVER… This can’t be my original agreement as it has my current address on it but I’m absolutely certain that I was at my previous address when this card was opened and also the agreement isn’t signed by me

Great - so you know its a reconstituted copy, meaning they 'may' not have the original. It'd be best to PM a link to it, or if you feel ok leaving it as it is and not blanking everything then PM me and i'll give you my email address to send me the whole document. Don't worry, the content is forgotten as soon as i've dealt with it lol.... plenty will confirm I am safe

St0lli wrote: »

‘We are endeavouring to locate the copy of your signed agreement but please be assured we would not have opened a credit card account without having sight of a signed agreement.

Lloyds always say this - utter nonsense! Means nothing, I know of at least 10 people on here that categoricaly stated they never signed an agreement as it was done over the phone / in branch / just arrived in the post!

St0lli wrote: »

Having satisfied our obligation under section 78, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the provision of copy agreements.’

They have half satisfied their obligation! They will communicate, i'll sort you a letter that will force them to!

St0lli wrote: »

So is this enforceable? Unfortunately I’m up against a bit of a tight deadline because as I said I requested this CCA back in November and because of what they wrote I just assumed they were right and filed it away! However I’ve now received a default notice which they’ve given me until 27th January 2010 so I need to act quickly if I want them to stop.

You're going to get defaulted regardless really - is this your only account or do you have others that you're claiming unenforceability on? If this is your only problematic account then paying it would stop a default, but if you have other defaults then what does one more matter? It's up to you of course, what action you take.

If it is unenforceable though, then a default will be issued so rushing doesn't achieve anything unless you have a perfect credit file with no defaults.....

St0lli wrote: »

What do you think NID? Are Lloyds TSB worth the battle? I’ve read some horror stories about them on here. I’m happy to get a letter sent to the special delivery to ensure they get it by Tuesday 26th which should meet their deadline.
Thanks in advance! (apologies for the long post but I'm fretting away here...:()

Every lender is worth fighting, they cannot do much remember! If they cannot provide the original in court they cannot enforce the agreement. If they do produce it prior to court hearing, then you cancel court and agree to repayment.

So its no problem, whatever way you look at it. You stay in control, at all times.

Make sense?

roadster

never-in-doubt wrote: »

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

Hi Nid

Taken out 08/06/2001 Mint Credit Card - Was RBS Advanta card when it was taken out. :mad::(

never-in-doubt

roadster wrote: »

Hi Nid

Taken out 08/06/2001 Mint Credit Card - Was RBS Advanta card when it was taken out. :mad::(

You need to scan it mate and PM me the links or post here....