Unenforceability & Template Letters II

St0lli

Hi NID.... I've just PM'd you. Please bear with me and my technology skills! lol

never-in-doubt

St0lli wrote: »

Hi NID.... I've just PM'd you. Please bear with me and my technology skills! lol

Hiya

will reply later just gotta go out for a pedicure (mans version/excuse to wife of beer)! lol :rotfl:

pinkjaney

never-in-doubt wrote: »

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).

Hi I sent a SAR because it was with regards to a bank account and not a credit agreement, they answered this request saying it had been passed to the Natwest who also wrote to me asking for bank account details etc etc, moorcroft then asked for proof of my identity and i sent a council tax statement (no signature) which they returned with a compliment slip now i have had the two letters from moorcroft mentioned on here.

So what do i do now???????????

pinkjaney

Sorry did not reply to Natwest they should know those details themselves....

never-in-doubt

pinkjaney wrote: »

So what do i do now???????????

Send this: 10. Demand of your Signature

honey56

never-in-doubt wrote: »

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!)

Hi N.I.D Thanks for your reply. Received 2 sides of A4 paper today with barclaycard terms & conditions and that was it. Yes I have stopped paying but only recently, not worried about being defaulted as I live in France now. I know I could just stop paying and ignore them but I feel a bit better about doing it this way.

Wicca303

Hi,
just wanted to check....am I correct in thinking I cannot CCA for an overdraft? It is only for cc's, loans, store cards, catalogues, etc?

Might be a dumb question but if I don't ask I won't know. LOL.

Thanks in advance NID.

never-in-doubt

honey56 wrote: »

Hi N.I.D Thanks for your reply. Received 2 sides of A4 paper today with barclaycard terms & conditions and that was it. Yes I have stopped paying but only recently, not worried about being defaulted as I live in France now. I know I could just stop paying and ignore them but I feel a bit better about doing it this way.

They have yet again filed to comply by sending terms, time to ignore them. It is the best way forward, let Statute kick in (6 years from date of last payment)....

never-in-doubt

Wicca303 wrote: »

Hi,
just wanted to check....am I correct in thinking I cannot CCA for an overdraft? It is only for cc's, loans, store cards, catalogues, etc?

Might be a dumb question but if I don't ask I won't know. LOL.

Thanks in advance NID.

Nope, pointless mate as they aren't under CCA.

No question is a dumb question mate!

honey56

never-in-doubt wrote: »

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:

Hi N.I.D, I think its just the standard paperwork they send you out when you get sent a replacement card when the old one expires.

They have sent me a completed application form signed & dated by me, is this the same as a credit agreement?