Unenforceability & Template Letters II

DGJsaver

never-in-doubt wrote: »

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

Hi mate
cheers will do , our barclayloan is also in the same boat so i have done the first stage letter to both parties , if 14 days passes and i hear nothing , and as such stop sending our reduced payments , they send the correct CCA`s , do we just then carry on paying what we have already worked out we can afford...and deal with it as before (ie before i saw your thread!)

Cheers

Dan

DGJsaver

lol , another thing we were worried about...doing this , will it `enrage` them so to speak , and set them on the path to really getting after us .....?

never-in-doubt

DGJsaver wrote: »

lol , another thing we were worried about...doing this , will it `enrage` them so to speak , and set them on the path to really getting after us .....?

LOL, doesn't matter either way cos they are duty bound to supply the CCA and until such time they do, legally they have no rights.

DGJsaver wrote: »

Hi mate
cheers will do , our barclayloan is also in the same boat so i have done the first stage letter to both parties , if 14 days passes and i hear nothing , and as such stop sending our reduced payments , they send the correct CCA`s , do we just then carry on paying what we have already worked out we can afford...and deal with it as before (ie before i saw your thread!)

Cheers

Dan

Thats correct yes, you cease repayments and when they send a compliant CCA you then agree to a payment plan that suits you, if they get funny let them! You cannot pay what you don't have can you?

As I say, lenders have very little recourse to come back at you, if their paperwork is out of sync, so to speak :cool:

martinjohn

hackenbush wrote: »

With your help it turns out that all my cards are unenforceable.

which cards do you mean?
how do you know for sure that they are "unenforceable"?

never-in-doubt

martinjohn wrote: »

which cards do you mean?
how do you know for sure that they are "unenforceable"?

Because they explained what the lender sent/never sent and we told them the rules and from that, its easy to work out! Also, no reply = unenforceable as well.

read page 1 (post 1) and you'll be able to figure it out as well, or ask one of us.

DGJsaver

Just to say NID , we have had the default notice regarding the loan , but Bcard are like a deaf person , they act as if they never receive the SOA`s every month , and the pleading letters asking for interest to be stopped etc

never-in-doubt

DGJsaver wrote: »

Just to say NID , we have had the default notice regarding the loan , but Bcard are like a deaf person , they act as if they never receive the SOA`s every month , and the pleading letters asking for interest to be stopped etc

This is with Mercers now then, assuming you've defaulted already? If so they will mess you around but worry not - see what they send back (stop paying obviously) and post back again....

never-in-doubt

roadster wrote: »

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

Hiya

Just checked it and slightly confused cos all that you've posted is a copy of your application, some typed up 'terms' and a letter.

Nothing here constitutes enforceability - the application form does not contain any prescribed terms (obviously) & the attached documents (extensions to the terms) should be linked to the actual CCA and are not.

This my friend, is 100% unenforceable. :T

DGJsaver

Yes , the bcard is with mercers , they said that on the most recent statement , and the loan is in the `process` of being passed to the collections team , so not sure who will be in touch about that , other than the usual manchester team...

so im guessing if the card is with mercers we should shortly be receiving the default notice from them as well..
Thanks in advanve NID , i will be back !

never-in-doubt

DGJsaver wrote: »

Yes , the bcard is with mercers , they said that on the most recent statement , and the loan is in the `process` of being passed to the collections team , so not sure who will be in touch about that , other than the usual manchester team...

so im guessing if the card is with mercers we should shortly be receiving the default notice from them as well..
Thanks in advanve NID , i will be back !

Well the way it should work is that you'll get Notice of Assignment (basically Barclays selling their rights to Mercers) and a default notice if Mercers decide to do that, if Barclays have already added one then Mercers make that entry closed (i,.e. settled) and create a new one with the default date being the original date of default but showing them as the owner....

Hope that makes sense, if not don't worry too much at this stage....