Unenforceability & Template Letters II

morphette

Need help please - Redcats who own catalogue company Vertbaudet and a few others, have sold my account to Debt Managers who have chased me for an outstanding debt of £187. (My last payment direct to Redcats/Vertabudet was Feb 2008).

I sent letter to Debt Managers requesting CCA and they in turn replied saying that they would pass this onto Redcats.
Redcats sent an unsigned photocopy agreement.
I then sent Debt Managers the dispute letter stating that the agreement was unsigned therefore unenforceable.
Again they replied sayign they were passing this to Redcats
Today Redcats have replied with a 3 page essay about the agreement.
First line in letter from them does state that they have checked their file and they do not hold a signed credit agreement on file. However they state that they would have sent it to me and I should have signed it and returned it to them and as far as they are concerned regardless of holding one on file the debt is still outstanding and legally enforecable. They they quote what seems the complete legal book at me in 3 pages about whether they hold an agreement or not that there was still an agreement between us etc etc ...and so it goes on and on and on...they even sent a Information commisionners office statement letter dated 6th Nov 06 about data sharing on credit agreements as they state that because of this they can still have this debt on file withe the credit agencies.

My question is ...is this true? I understood that if they can not provide a signed credit agreement then it is simply unenforceable and should be removed from credit reference files/notes.

Also what response letter do I now send them and do I answer directly to Redcats or as before do I send it via Debt Managers who in turn no doubt will forward this to their client Redcat!!!????

Their very last paragraph states that if I fail to pay they will register a default on my credit file (go ahead it's already damaged - I do not want any credit in the future thanks so am not bothered!).

So what now???? Please can someone help me on this one!! Appreciate it!:cool:

DeBilde

never-in-doubt wrote: »

Hiya - ok, so you know what to do now yea? :T

Yes mate, CCA Letter 3. I am guessing when they have done a recon job they have not looked at the dates properly and just pullled that address of the file. It is looking quite good on this one.

That is 3 CC's and 1 Loan from Barclays that don't appear to have the original agreement.

nonnynonny

never-in-doubt wrote: »

Hi

Can you please be more specific - what do you mean 'the new agreements' as a result of PPI challenge>? The original documents, should be sent to you - are the above links your original documents or copies assuming the new terms etc?

Please elaborate - quite a lot lol. I don't know wnaything about your past or what has happened to date etc. If you want me to check if the links are enforceable, then just ask - but your post is too confusing to decifer without expansion.

Sorry, a brief history

Loan taken out for £10k over 120 months in 2004 with 'Gold' PPI attached.

PPI re-claim made, and refunded, via the documents above in 2008, a new account number generated, and a new monthly payment and duration advised via the documents above.

I have an original CCA for the £10k at 120 months @ £192 a month, which was as far as i am aware superceded when the PPI was refunded.

The only other documentation i have received and/or signed since i had a PPI refund and a new loan setup with new monthly payments and duration was the links i posted here :

http://i892.photobucket.com/albums/a...123/nrock1.jpg

http://i892.photobucket.com/albums/a...123/nrock2.jpg

http://i892.photobucket.com/albums/ac126/nonnynonny123/nrock3.jpg

I haven't CCA'd them yet, although during the PPI refund stage i have a copy of the original CCA which they issued for the £10k at £192 a month with PPI.

But because i have signed nothing else in terms of a new agreement post PPI refund, apart from the documents linked above, i am wondering what they would produce as a CCA, and if the above linked documents are all they have, then where does that leave me?

roadster

Hi NID

Just and up date on my various CCA's -

Barclaycard - 7th Jan sent off 1st letter - no response in 14 so sent off letter 2 - still no response they have till the 21st Feb. However received my statement today and it say your card has now been cancelled and should be destroyed. Will wait till 21st to see if anything shows up.

Halifax - Received copy of CCA in some elses name and claiming I am using Kerobo Claims ( as we discussed earlier in thread ) sent off Dipute letter and pointing out error of their ways etc etc. 14 days are up on this - Whats my next course.

MBNA -7th Jan sent off 1st letter - no response in 14 so sent off letter 2 - still no response they have till the 21st Feb. Had letter saying that if i persist in non payment they will report to CRA's and withdraw my card. Also sent off stop harrasing my letter as i was getting 5 or 6 phone calls a day from them. Will wait till 21st Feb.

Mint (RBS Advanta) - Received copy of my signed application form (you took a look at it) sent off dispute letter they have till the 10th to supply something. Will let you know.

Monument - Received blank copy of application form with photo copy of T&C. Sent off query. Received letter saying they will get back to me by the 16th Feb. Will let you know.

All looking good so far. Thanks for all your help.:beer:

Pressers

Thanks NID. I thought as much but it's great to get clarification. Such a long road ahead ... but at least we are on it!
Thanks again.

never-in-doubt

morphette wrote: »

Need help please - Redcats who own catalogue company Vertbaudet and a few others, have sold my account to Debt Managers who have chased me for an outstanding debt of £187. (My last payment direct to Redcats/Vertabudet was Feb 2008).

I sent letter to Debt Managers requesting CCA and they in turn replied saying that they would pass this onto Redcats.
Redcats sent an unsigned photocopy agreement.
I then sent Debt Managers the dispute letter stating that the agreement was unsigned therefore unenforceable.
Again they replied sayign they were passing this to Redcats
Today Redcats have replied with a 3 page essay about the agreement.
First line in letter from them does state that they have checked their file and they do not hold a signed credit agreement on file. However they state that they would have sent it to me and I should have signed it and returned it to them and as far as they are concerned regardless of holding one on file the debt is still outstanding and legally enforecable. They they quote what seems the complete legal book at me in 3 pages about whether they hold an agreement or not that there was still an agreement between us etc etc ...and so it goes on and on and on...they even sent a Information commisionners office statement letter dated 6th Nov 06 about data sharing on credit agreements as they state that because of this they can still have this debt on file withe the credit agencies.

My question is ...is this true? I understood that if they can not provide a signed credit agreement then it is simply unenforceable and should be removed from credit reference files/notes.

Also what response letter do I now send them and do I answer directly to Redcats or as before do I send it via Debt Managers who in turn no doubt will forward this to their client Redcat!!!????

Their very last paragraph states that if I fail to pay they will register a default on my credit file (go ahead it's already damaged - I do not want any credit in the future thanks so am not bothered!).

So what now???? Please can someone help me on this one!! Appreciate it!:cool:

Hiya

Just send this to the DCA: 4. CCA Dispute

Basically the debt is unenforceable and no matter what they 'think' - it cannot be pursued through court - they can default you though, that is clear on page 1 on the actual CCA Request posts......

Do not pay them and ignore their 'essay' cos they are talking rubbish lol.

never-in-doubt

roadster wrote: »

Hi NID

Just and up date on my various CCA's -

Barclaycard - 7th Jan sent off 1st letter - no response in 14 so sent off letter 2 - still no response they have till the 21st Feb. However received my statement today and it say your card has now been cancelled and should be destroyed. Will wait till 21st to see if anything shows up.

Halifax - Received copy of CCA in some elses name and claiming I am using Kerobo Claims ( as we discussed earlier in thread ) sent off Dipute letter and pointing out error of their ways etc etc. 14 days are up on this - Whats my next course.

MBNA -7th Jan sent off 1st letter - no response in 14 so sent off letter 2 - still no response they have till the 21st Feb. Had letter saying that if i persist in non payment they will report to CRA's and withdraw my card. Also sent off stop harrasing my letter as i was getting 5 or 6 phone calls a day from them. Will wait till 21st Feb.

Mint (RBS Advanta) - Received copy of my signed application form (you took a look at it) sent off dispute letter they have till the 10th to supply something. Will let you know.

Monument - Received blank copy of application form with photo copy of T&C. Sent off query. Received letter saying they will get back to me by the 16th Feb. Will let you know.

All looking good so far. Thanks for all your help.:beer:

Hiya

Basically, you need to ignore all of them now - they are all unenforceable until such time they respond, with lawful agreements (yea rite lol) :rotfl: :rotfl:

munchins

Hi NID,
Would really appreciate acomment from you if you have time, I new but have read as many threads as I can to get to grips with this.
CCA'd Barclaycard on MSDW card from 2004, basically in dire straits and missed last 4 months minimum payments. What I received was an an application form that seemed to be enforceable. On closer inspection it is a "cut & paste" job with sections missing, lines through etc to include as much as they could. Obviously in doing this they scrapped half the original application form. My 7 year old could have done better!

Mercers are on my case now, threats aplenty! Should I write back to BC asking for an agreement to include all the missing sections? or just send the "in dispute" letter.
Thanks

martinjohn

so to confirm even if you are right, the agreement is enforceable, you can still potentially look froward to 5years of bouncing from dca to dca and having phonecalls and threats etc. (doorstep visits and bailiffs maybe?) until the debt becomes statue barred

ELMA97

Hi NID
OKay so from yesterday after HBOS sent me a signed app form- you said at quick glimpse it looked ok, should I just start paying again or wait and see if they try to start court action? bit worried about this.

thanks again.