Unenforceability & Template Letters II

pepe2008

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!

If you had read down a bit further on YOUR QUOTED TEXT you would have seen this.....


'Seeking a declaration of unenforceability is a legal DEFENCE to a claim issued by the lender !!'

As NiD says, let them try it on in Court without a valid CCA!!!

burton_trade_kitchens

Sorry NID
Forgott I'd already asked you. Just read advice again for a refresher !
Many thanks.

roadster

never-in-doubt wrote: »

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

Hi NID

Thank you ever soooo much for looking over that. So I guess I carry on with letter no 3 or should i reach for the shot gun and give them letter 4 ?

On another matter I have had a response from Monument after sending them the dispute letter. They are saying that they are sorry i have had to contact them about my alleged account and they are now looking into my concerns and will let me know by 16th Feb, and that they have complied with sect 78 and if i dont continue with payments I will hear from their collections dept. OOOOOO scary - in other words they have not got an enforceable doc and plese keep paying us --- NOT A HOPE hahaha.

Do i just hold fire for them to send me something, or wait till the 16th and send em letter 4.

NID you are a genuine star and thanks again for all your help.

:beer:

never-in-doubt

roadster wrote: »

Hi NID

Thank you ever soooo much for looking over that. So I guess I carry on with letter no 3 or should i reach for the shot gun and give them letter 4 ?

On another matter I have had a response from Monument after sending them the dispute letter. They are saying that they are sorry i have had to contact them about my alleged account and they are now looking into my concerns and will let me know by 16th Feb, and that they have complied with sect 78 and if i dont continue with payments I will hear from their collections dept. OOOOOO scary - in other words they have not got an enforceable doc and plese keep paying us --- NOT A HOPE hahaha.

Do i just hold fire for them to send me something, or wait till the 16th and send em letter 4.

NID you are a genuine star and thanks again for all your help.

:beer:

Hiya

Send the dispute letter (3) to the first one and ignore monument until they respond to you mate :beer::beer:

St0lli

Hi NID, I've finally managed to email you the scanned in copies of my CCA etc from Lloyds TSB... I look forward to your comments when you get some time. Thank you!

roadster

never-in-doubt wrote: »

Hiya

Send the dispute letter (3) to the first one and ignore monument until they respond to you mate :beer::beer:

Thanks NID youre a legend

:beer:

Blessed_+_highly_favoured

never-in-doubt wrote: »

Ok, when did you send the CCA request?



What is the default date and what is the last payment date?



What do you mean, please elaborate - this could be serious so need to know about this please?



Are you paying £40p/m right now? When did you last make payment? Don't worry about what DCA's pay for the debt, that isn't really relevant right now - technically they can demand the full amount - whether you pay or not is a different story!



:rotfl:they don't know their CCA very well - it should be s77-78 of CCA!



This means they have written to the Original Creditor (OC) - in this case Lloyds - requesting the CCA. This is part of their obligations and they are acting correctly. This is a good thing because it also confirms they will not seek to enforce repayment, i.e. stop paying! Do not make the £40 payments until you get the CCA in which case you post back again and we'll help you out.. :T



You do not need to respond to this - they are asking what reasons you'd be taking it to court, but at this stage you will not be taking such action. If they do hassle you the reason would be that you wish to check the actual enforceability of the agreement such as establishing whether the prescribed terms are intact and complete. That is all they need to know right now lol - but ignore their letter - you need to await delivery of the CCA.



Ignore this :D



You're doing fine - calm down and chill. You're £40 a month better off already lol, but I do need to know about the comment 'they tried to take my house' - who and why?

Good Luck

Hello NID,

Heard nothing from the people. It was early December when I sent the letter. What should I do now (You may have to go back to my posts to remind yourself of what I asked originally!

Cheers

zondervan_2

Reading this thread it is quite obvious that all too often banks and DCA's fail to properly follow the correct rules and procedures in respect of CCA's, SAR's e.t.c.

Therefore, my question is when you feel particularly aggrieved at their actions, is it worthwhile complaining to the Financial Ombudsman (FOS)? My understanding is that everytime FOS undertakes an investigation the bank / DCA is charged a £500 fee.

I ask because one of my credit card debts is with a DCA. For my CCA I got sent a copy of my application form. Whereas after submitting the SAR letter I got no response at all. However, my cheque for £10 was cashed despite me making it crystal clear that the money was to be solely used for the SAR fee.

I must admit that I am a bit wary that if I make a complaint to FOS I might stir up the DCA and that they might try to make my life more difficult as a consequence.

Any thoughts / experience regarding complaining to the FOS and whether this is ever a sensible tactic in relation to unenforceabity issues?

never-in-doubt

Blessed_+_highly_favoured wrote: »

Hello NID,

Heard nothing from the people. It was early December when I sent the letter. What should I do now (You may have to go back to my posts to remind yourself of what I asked originally!

Cheers

I asked you several questions that remain unanswered..... if however you have not heard from the creditor then you should send letter 4 from page1 (4. CCA Dispute).

never-in-doubt

zondervan wrote: »

Reading this thread it is quite obvious that all too often banks and DCA's fail to properly follow the correct rules and procedures in respect of CCA's, SAR's e.t.c.

Therefore, my question is when you feel particularly aggrieved at their actions, is it worthwhile complaining to the Financial Ombudsman (FOS)? My understanding is that everytime FOS undertakes an investigation the bank / DCA is charged a £500 fee.

I ask because one of my credit card debts is with a DCA. For my CCA I got sent a copy of my application form. Whereas after submitting the SAR letter I got no response at all. However, my cheque for £10 was cashed despite me making it crystal clear that the money was to be solely used for the SAR fee.

I must admit that I am a bit wary that if I make a complaint to FOS I might stir up the DCA and that they might try to make my life more difficult as a consequence.

Any thoughts / experience regarding complaining to the FOS and whether this is ever a sensible tactic in relation to unenforceabity issues?

Hiya

Ok, regards to the first point - you requested a CCA and they sent you an application form, to this you would return with the following: 3. CCA Query

Regards to your second point about the SAR (waste of time in my opinion) you cannot involve the FOS as SAR is Data Protection which is Governed by ICO who have no powers. Therefore, you should complain to the ICO about their lack of response within the statutory time limit of 40 days.

The ICO will write and ask the creditor/dca why the delay and they will prompt them to send the SAR, its up to you whether you do this or leave things alone - at the end of the day your debt is currently unenforceable and the dca can take no action (court) as they have not complied with your CCA Request so you have nothing to worry about and it's entirely your choice whether you 'chase' this or leave it until they next write to you?

To complain to the ICO, see here: https://forms.ico.gov.uk/data-protection-complaint.aspx

Now, if the dca has used the £10 SAR fee towards the debt, you can then report them to the FOS as this is a clear breach of guidleines, but similarly you'd inform the ICO of this in your complaint to them.

Hope the above helps, if you get stuck give us a shout