Unenforceability & Template Letters II

hackenbush

OK, maybe outright celebrations are premature but my Egg contract states "Approved Limit" not "Credit Limit"...

and yes, I am cautiously taking Barclays and Halifax's inability to send a photocopy of the originals as a sign they really don't have the originals. Not only that but Barclays are just sending me the same letter in response.

They are, as it stands, unenforceable, as they can't produce the original. At the point that they do then I'll be back in touch!

As you said, if they had it, then why would they reply to say they don't need to supply it? Why wouldn't they just supply it and get me to pay them? After all that's what they want - my money. I'm sure they'll threaten court and I'll share the letter if they do.

Burton Trade Kitchen's response that he'd had the same rubbish from Barclays made me feel a little more secure. I'm expecting more from them, but am not going to let that rule my life.

I can get on and pay back my debts to friends and family. The fact that I couldn't pay them back was causing me more anxiety than anything. Now they can come first!

never-in-doubt wrote: »

They do not have to send a signed copy, a reconstitution is perfectly acceptable. What you make of that, is up to you - some people take it as an assumption that no agreement exists (if it did then why not copy it?) whilst others see it as a stalling tactic. However, in your case i'd be prone to ignore them from here-on-in unless they threaten court in which case post back.

Why was your agreement unenforceable again? Lack of signature doesn't provide enough to assume unenforceability? Was there any errors or things missing from the prescribed terms (excluding the limit)..>?

never-in-doubt

Wol2 wrote: »

Quickie update: DCA has crumbled thanks to the letter sent.:D
Thank you Fermi/NID.....:beer::beer::T

xxx

Excellent news - they usually do listen when they are faced with the laws - but it still should not be up to us to remind them of their own obligations.....

Well done all the same - victory at last :T :T

astravanman

never-in-doubt wrote: »

If you have both copies and can confirm the details differ then it would appear unenforceable wouldn't it? Therefore you can assume so, but bear in mind the use of the tick is lawful and they may rely on this in court, but would still require the original before taking any such action, if you have them both they can still present a copy by printing a copy, so it'd be hard to prove other than the fact your dates do not agree with theirs which is in essence fraud, if they have manufactured the agreement.

However, from what i've seen it looks fully enforceable but then again, it is a microfiche as is evident. In fact it may be a screen print. But the point remains, i'd say it was enforceable - whether they can produce the original is all that really matters though...

Thanks NID
I'm confident they will not be able to produce a copy of the original paper agreement sent in 2005 requiring a date & sig so do you think it's worth a punt at sending letter 3 "CCA Request Query" and see what they come back with.

never-in-doubt

hackenbush wrote: »

OK, maybe outright celebrations are premature but my Egg contract states "Approved Limit" not "Credit Limit"...

Hehe - knew that a lot of people would like my little thread about that! See here: Egg Card - CCA Flawed?

hackenbush wrote: »

and yes, I am cautiously taking Barclays and Halifax's inability to send a photocopy of the originals as a sign they really don't have the originals. Not only that but Barclays are just sending me the same letter in response.

No need to be cautious, they do not have an original or they would have sent it first time of asking..... just presume (and work to that basis) that there is no original CCA.

hackenbush wrote: »

They are, as it stands, unenforceable, as they can't produce the original. At the point that they do then I'll be back in touch!

They are as it stands unenforceable as they have defaulted with youir CCA request - not so much that no original has been issued, which itself does not mean it is unenforceable, but they have defaulted in your request which does make it unenforceable!

hackenbush wrote: »

As you said, if they had it, then why would they reply to say they don't need to supply it? Why wouldn't they just supply it and get me to pay them? After all that's what they want - my money. I'm sure they'll threaten court and I'll share the letter if they do.

They won't threaten court - if for some miracle they do, then post back and we'll deal with if for you...

hackenbush wrote: »

Burton Trade Kitchen's response that he'd had the same rubbish from Barclays made me feel a little more secure. I'm expecting more from them, but am not going to let that rule my life.

Ive seen that same letter several times, it is their standard response... just treat it with the contempt it is due and bin-it!

hackenbush wrote: »

I can get on and pay back my debts to friends and family. The fact that I couldn't pay them back was causing me more anxiety than anything. Now they can come first!

Exactly - well done.

Just chill out and start to rebuild your life while you can. Any updates, post back yea?

never-in-doubt

astravanman wrote: »

Thanks NID
I'm confident they will not be able to produce a copy of the original paper agreement sent in 2005 requiring a date & sig so do you think it's worth a punt at sending letter 3 "CCA Request Query" and see what they come back with.

Yes mate - send it away.... see what they reply with.

Sheena82_2

Hi NID I know its been a while but would just like to say thanks for the advice I will send the letters off today and I will let you know how I get on, as I am already on a DMP not bothered about credit rating as bad already.

DGJsaver

Hi NID , i am about to start off the process of asking for the CCA for our barclaycard account which has fallen into arrears and is now with Mercers , i will post back our expereinces as they happen , and i hope you dont mind if i come back and ask for your help as things progress
Thanks

never-in-doubt

DGJsaver wrote: »

Hi NID , i am about to start off the process of asking for the CCA for our barclaycard account which has fallen into arrears and is now with Mercers , i will post back our expereinces as they happen , and i hope you dont mind if i come back and ask for your help as things progress
Thanks

Hiya

Good Luck! Just remember your credit file will take a bashing doing this?

Post anything you're unsure about and we'll sort it for you

DeBilde

Well it has been exactly 2 months since we sent our CCA's off. MBNA and Argos sent back what look enforceable agreements so carrying on paying those.

Barclays have not sent anything like a CCA. Just TC's for the 3 CC and nothing for the loan. Only had 1 phone call in the last 2 weeks from them so fingers crossed they have got the message.

Cheers for your help so far NID, will post here if Barclays send anything else.

roadster

Hi NID

Just PM'd you the link for my Mint - RBS Advanta CC docs they have sent me. Fingers crossed it is carp they have sent me.

Cheers mate