Unenforceability & Template Letters II

never-in-doubt

St0lli wrote: »

Hi NID, wonder if you can help me again please? A bit of background in that Lloyds TSB are one of my creditors and I requested a CCA back in November but due to personal circumstances (which I won’t go into here) I didn’t feel I could fight the CCA and letter which I received but having been inspired by your post I’m wondering if I can!

Morning (yea it is 7am!).....

Right - (thanks for your email etc) - having checked the CCA it is definitely unenforceable and they will not have a leg to stand on if this was to go to court - all they have sent you is the terms, not an actual CCA which is necessary. Also, I suspect the terms used are more recent (edit; just spotted they sent 2 sets and the latter is the original terms from that time I assume?)....

Simple letter to send back - see below

Click the main link, then scroll down til you get to this letter and send it! - - CCA Dispute - Terms & Conditions Supplied;

Don't worry - it covers what they have said in their letter, near enough as most send the same rubbish lol. See what they come back with, if they do not enter into communication - fine! Great!

They won't be able to take court action either lol.

You're in complete control of this right now, 1-0 to you

16. Various CCA Query Letter 'Variations'
Variations of CCA Queries, i.e.

- CCA Dispute - Illegible Copy Document Supplied;
- CCA Dispute - Terms & Conditions Supplied;
- CCA Dispute - Copy Document Supplied;

smifff_2

Hi NID, I just got a letter from Barclays which basically says they have met all their obligations under CCA1974, which they haven't they just sent junk, and that I must continue paying or they may default me, this letter is dated 21st January 2010. I've already sent them letter 1 and 2 and then went straight to letter 4 as more than the required time had lapsed, this was sent to them on 13th Jan 2010.
What shall i do now, just ignore them or send letter 4 again.

Thanks

never-in-doubt

smifff wrote: »

Hi NID, I just got a letter from Barclays which basically says they have met all their obligations under CCA1974, which they haven't they just sent junk, and that I must continue paying or they may default me, this letter is dated 21st January 2010. I've already sent them letter 1 and 2 and then went straight to letter 4 as more than the required time had lapsed, this was sent to them on 13th Jan 2010.
What shall i do now, just ignore them or send letter 4 again.

Thanks

Its the same as others have had, they send the same junk mate.

Now you ignore them and treat this as fully unenforceable until such time they comply with your lawful CCA Request

martinjohn

I am seriously considering requesting CCAs, however
1. does it matter im not currently behind with payments - yet
2. will the credit card companies start acting to my detriment if i request a CCA
3. By requesting a CCA and "demanding" a signed copy etc. am i not in a sense "admiting liability" that there was a signed copy and of course that there was an agreement.(does this matter?)

never-in-doubt

martinjohn wrote: »

I am seriously considering requesting CCAs, however
1. does it matter im not currently behind with payments - yet
2. will the credit card companies start acting to my detriment if i request a CCA
3. By requesting a CCA and "demanding" a signed copy etc. am i not in a sense "admiting liability" that there was a signed copy and of course that there was an agreement.(does this matter?)

1. Yes - do not do this unless it is the last straw and you're deep in debt, it will default you for 6 years plus the lenders may want rid of you as you appear to be high risk by asking for the CCA in the first place...

2. Yes - 100% guaranteed

3. Nope - doesn't work like that you're asking for them to prove you owe the debt in that respect.

Think long and hard before acting on any CCA

SamUK

Wow theres allot to read here...

I had an issue with a Bank account, and they have put a default on file.

I have cleared the £900 balance.

I had written to the banks complaints department explaining the situation at the time and requesting for it to be removed however they rejected!

Consumer Credit Agreement is not aplicable to a bank account - this is what they told me..

What method can i follow to try to get this default removed? I need to apply for a mortgage and am little stuck..

never-in-doubt

SamUK wrote: »

What method can i follow to try to get this default removed? I need to apply for a mortgage and am little stuck..

You cannot, if it was added correctly then it stays for a period of 6 years. Also bank accounts are not covered under the CCA in that respect.

Hammerpgh

Will the ‘Threat of Doorstep Visit’ letter be suitable for my partners circumstances outlined below:-

She has long standing council tax debts amounting to £1900 and has recently started receiving letters from a bailiffs acting on behalf of the Local Authority. Although there has been some dispute about the amounts owed I feel that we need to get something in place to clear these debts and have contacted both the bailiffs and Local Authority on her behalf. The bailiffs will not budge on the repayment arrangement that they are prepared to offer saying that the debt has to be repaid in 12 months thereby necessitating a £164 per month payment. We cannot afford this amount and I have offered them £50 per month but they are not willing to enter into any negotiation on this saying that we will still get a visit if we only pay that much to them.

The letters state that they will remove goods to the value of the debt, even if we are not present and even though the debt is not mine and most of the goods in the house were purchased by me. How true is this? Previous advice I have received tells me that they have no power to enter our house and do what they are threatening and the template letter here would seem to echo that but I would be grateful if someone here could confirm that for me.

The Local Authority are claiming that now this matter has gone to the bailiffs that they cannot make any payment arrangements and any negotiations have to be held with the bailiffs concerned. As I am actively making an effort to resolve this can they flatly refuse what I am offering?

Many thanks for any and all help.

never-in-doubt

council tax debt is different, start a new thread for best response. But yea, their bailiffs still apply the same rules.

But start a new thread for best results.

smifff_2

Thanks NID, you are a star.