Unenforceability & Template Letters II

never-in-doubt

Now i'm confused - where is the loan? I thought we were speaking about a HBOS credit card here lol?

Keep one thing at a time..... dont confuse me! lol Remember i've got loads of things going on here so hard to memorise everyones situation i'm afraid....

Any advice over the last day is specifically relating to the HBOS agreement I read before you deleted the personal info :-))))

ELMA97

Hi
ok sorry, yes it is a hbos credit card.

St0lli

never-in-doubt wrote: »

You need to click the link in green then look for the letter highlighted in red, it is called a - CCA Dispute - Terms & Conditions Supplied;


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;

Hi Niddy, I sent off the CCA dispute letter which Lloyds TSB would have received on Thursday 28th February. Just got home to this reply from them
"I am sorry that you have had cause to complain. Thank you for bringing your concerns to my attention.
I have arranged for a member of my Customer Relations team to carry out an immedite investigatio, so that you will receive a full response from us. Because of the issues you have raised it may take a little time to gather all of the information together but we will respond to you within 28 days." - It comes complete with a complaint reference number :rotfl:

What should I do now? Just wait to see what they come up with?

Thanks in advance!:beer:

gill99

Hi Never-in-doubt

I wonder if you can advise me, I
have a loan with RBS taken out in Feb 2007, I wrote to them using your template requesting the CCA agreement. They have replied and returned my cheque for £1 saying that they cannot find my CCA but detailing a statement of Financial information.

Whay would be my next step please?

Many thanks

Gill

libbyjade

Hi Nid,

As you know I've sent off 3 account dispute letters to 3 creditors and cancelled my dd to cccs. CCCS have since sent me an email and a text stating the dd has been returned unpaid and to ring them immediately.
Should I call them and tell them why I've cancelled it or just ignore them?

also - I had what I thought was a £3.5k default balance with b'card/goldfish but when I got my equifax credit file, this debt wasn't showing? I've read the cag thread re the problems with goldfish/barclays and I'm hoping it may have been written off.

Is it possible that the debt is still owing but just not showing on my file with equifax?
Should I still send them the default letter or just leave things?

Thanks again

many thanks

Pressers

Hello again NID. I have another question which I'm sure you have already answered somewhere in this thread but I've been trawling through and can't find anything. Basically we now realise that a certain proportion of our debt is definitely enforceable and have taken the 1st steps towards sorting our huge mess out by setting up a meeting with a cccs counsellor (made contact with one through the forum). Anyway, what we really want to know is this: where do cccs counsellors stand on the issue of unenforecability? Should we tell the counsellor that we are going down this road for some of our pre 2007 debts or keep quiet about it? Or, once we embark on a DMP, should we be encompassing all of our debt? It's all a bit like a foreign language & we don't speak the lingo yet - but I'm so glad you do!
Many many thanks yet again, Pressers

DeBilde

Hi NID,

I today received a reply from barclays re my loan with them. They have sent the agreement with the prescribed terms intact, this looks like the agreement they sent me. However it does not have my or their signature on it even though their are spaces for them to go. Surely if they had the agreement (which I don't remember signing or sending back) they would send it with my signature on it. Also they have my old address on it, I had moved 5 months before the application.

Any advise?

Cheers

mr_sd

I originally put this in a new thread but was advised that this is the best place to post and that there was a very kind person called NID who might be able to help

---

Hi guys and girls, just a few questions and a bit of background:



I have had a credit card from HSBC since 2002.

I followed the advice on the Unenforcability Templates thread and sent all of the appropriate letters to HSBC. This is where I currently stand:

- Requested credit agreement.
- Sent reminder after 14 days
- Received "credit agreement" - Had my signature on it but none of the prescribed terms (interest rate etc).
- Sent "does not contain prescribed terms" letter and tell them that they have defaulted.
- I cancel my direct debit
- Reply from HSBC saying that they will not write off the debt as they claim that the credit agreement is valid
- Received default notice
- HSBC then take a monthly payment from my HSBC current account!
- I phone and request a reversal, they say I have to put it in writing.


This is where I currently stand. I am considering going to one of the unenforcability lawyers advertised on the internet as I don't know where to go and I don't want bailiffs on my doorstep.




My questions are:


Where can I go from here?
Did HSBC take the payment from my account illegally?
Am I in a grey area?
Are there any decent lawyers if I am unable to deal with this myself?


Thanks,


Rich.

never-in-doubt

gill99 wrote: »

Hi Never-in-doubt

I wonder if you can advise me, I
have a loan with RBS taken out in Feb 2007, I wrote to them using your template requesting the CCA agreement. They have replied and returned my cheque for £1 saying that they cannot find my CCA but detailing a statement of Financial information.

Whay would be my next step please?

Many thanks

Gill

Hiya

Send this: 4. CCA Dispute

You'll have to stop paying as well, but bear in mind you will get a default..... If that is ok, then simply cease payments until such time they provide an agreement (and ignore them)

never-in-doubt

St0lli wrote: »

What should I do now? Just wait to see what they come up with?

Thanks in advance!:beer:

Yep - it is unenforceable so you wait until they provide what you asked for.