Unenforceability & Template Letters II

DGJsaver

sort of ! i have kept everything in any case so can always read through everything again

never-in-doubt

DGJsaver wrote: »

sort of ! i have kept everything in any case so can always read through everything again

You'll be fine, worry not

Catch up with you later, when/if you get a response. :beer:

burton_trade_kitchens

Hi NID,
I posted to you a few days ago ref: a reconstituted agreement that Britannia sent me for a credit card I have with them.
Just to jog your memory - I think they have made the reconstituted agreement up from details from a loan I had with them. I am 100% sure there was never an agreement signed and returned for the credit card as I never even applied for it.
Is it a good idea to send them another letter stating that I wan't to see a copy of the origional cca as requested, as I'm sure that one never existed and that I think the agreement they sent me is just made up rubbish ?
I thought it would stand me in good stead if it were to go to court and I had a good reason for not accepting the reconstituted agreement they sent me within the 12 day limit.
If you think it is a good idea, would you be kind enough to give me some indication of how to draft the letter ?
Thanks in advance mate.

never-in-doubt

burton_trade_kitchens wrote: »

Hi NID,
I posted to you a few days ago ref: a reconstituted agreement that Britannia sent me for a credit card I have with them.
Just to jog your memory - I think they have made the reconstituted agreement up from details from a loan I had with them. I am 100% sure there was never an agreement signed and returned for the credit card as I never even applied for it.
Is it a good idea to send them another letter stating that I wan't to see a copy of the origional cca as requested, as I'm sure that one never existed and that I think the agreement they sent me is just made up rubbish ?
I thought it would stand me in good stead if it were to go to court and I had a good reason for not accepting the reconstituted agreement they sent me within the 12 day limit.
If you think it is a good idea, would you be kind enough to give me some indication of how to draft the letter ?
Thanks in advance mate.

Did I not answer you on this score mate? Post a link to the last post regards to it cos am confused, if you'd asked me i'd have acted so surprised that I never

martinjohn

heres the doubting thomas again! :eek: ive just read this on this is money forum;
(http://boards.thisismoney.co.uk/tim/threadnonInd.jsp?forum=87&thread=97312&message=428930)

"You CANNOT issue a CLAIM against a lender in the courts in order to seek a declaration of unenforceabilty from the judge. The judge has no power to make such a declaration.
This was outlined by HH Judge Simon Brown QC in Rankine vs others in 2008.
Seeking a declaration of unenforceability is a legal DEFENCE to a claim issued by the lender !!
A debtor has no casue of action to issue a claim of unenforceability against a lender as the judge has no power to issue a declaration in these circumstances."

ladycutthroat

hi, what if they SEEM to of sent you a true copy (yep i have doubts) but there is no signature of the advisor who got us to take on the credit card? I don't want to back down now as we've been using the letters you have posted! Doesn't seem fair! How can they magically get a supposed true copy after all this time?

never-in-doubt

martinjohn wrote: »

heres the doubting thomas again! :eek: ive just read this on this is money forum;
(http://boards.thisismoney.co.uk/tim/threadnonInd.jsp?forum=87&thread=97312&message=428930)

Way out of date! Forget that link, its rubbish and means zilch! :rotfl:

martinjohn wrote: »

"You CANNOT issue a CLAIM against a lender in the courts in order to seek a declaration of unenforceabilty from the judge. The judge has no power to make such a declaration.
This was outlined by HH Judge Simon Brown QC in Rankine vs others in 2008.
Seeking a declaration of unenforceability is a legal DEFENCE to a claim issued by the lender !!
A debtor has no casue of action to issue a claim of unenforceability against a lender as the judge has no power to issue a declaration in these circumstances."

Ermmm, ok whatever you say! :rotfl: :rotfl: :rotfl:

Not once do I tell people to take a lender to court - never, its not heard of! However we do suggest that people let the lender take them! We will then have the lender by the short and curlies....

Pointless gathering info, the laws are here on page 1 and are as new as 23rd jan 2010! Lots and lots of case law was passed after Rankine (who were common criminals in my opinion anyway) and case law continues to rule the way as of today.

Instead of ruining my thread with junk, post something constructive and relevant or leave off - thanks.

never-in-doubt

ladycutthroat wrote: »

hi, what if they SEEM to of sent you a true copy (yep i have doubts) but there is no signature of the advisor who got us to take on the credit card? I don't want to back down now as we've been using the letters you have posted! Doesn't seem fair! How can they magically get a supposed true copy after all this time?

Post it here and we'll check for you.

martinjohn

well just trying to find the truth NID, im sorry but im still not convinced, if they did take me to court would i have a leg to stand on

Rankine apparently is still purchasing peoples debt, i wont say anymore because it sounds like its very dodgy!

never-in-doubt

martinjohn wrote: »

well just trying to find the truth NID, im sorry but im still not convinced, if they did take me to court would i have a leg to stand on

Rankine apparently is still purchasing peoples debt, i wont say anymore because it sounds like its very dodgy!

The truth is on page 1 mate! Ask the people who come to this thread and see for yourself - or spend time reading, you'll not get a better thread on here regards to unenforceability - everything is explained in detail if you spend time reading here!

Tell us about your case and we'll help you, the truth is vague - you read 3 versions, the banks version, the courts version and our version.

Our version is accurate, the banks is flawed using onld case law and the courts is flawed due to shame or risk of a bank folding if they judged incorrectly.... personally, I feel you need to tell us a bt and we'll help you out.

Or do it yourself, but either way please don't ruin this thread - start a new one if you want to deviate into the realms of the CCA and the legal capacity in which it bears.

Cheers :beer: