Unenforceability & Template Letters II

Unicorn0578

Thanks for your reply.

You sure are busy ! Will send them another letter, fingers crossed and thanks again.

neilsj_2

I sent the Request, Reminder and Dispute letters to Lloyds TSB starting from November last year and hadn't heard a thing. Today, someone has forwarded me mail from an old address including a 'response' (they've not too cleverly merged my full 'overseas' address with the old town/ postcode, in spite of me clearly providing them change of address/country details).

The letter came about six weeks after initial request and appears to include a recon copy of their basic Ts and Cs (no signature/panel nor credit limit) along with the usual 'we don't have to provide a copy of the original signed agreement...endeavouring to locate the copy'.

They also state they 'will not be entering into any further correspondence...regarding the provision of copy agreements'.

In spite of them telling me 'agreement you have with us is fully enforceable', I suspect it is not.

So should I just be bloody minded and ignore the letter or respond?

bankkiller

never-in-doubt wrote: »

CCJ's don't become statute barred!

A CCJ is never spent, and the court could enforce it at their discretion even after 6 years has passed, although they would need to show a valid reason it took so long to collect the debt. The DCA/Lender will need to explain to a District Judge why the CCJ has not been enforced within six years from the date it was granted. they will need a good reason before the Judge will allow any enforcement.

whats the best way to get it removed then from the credit file?
the CCJ might still exist, but it should be able to be removed from the credit file though i am not right?
thanks

Morethanabitskint

Hi NID,

Was just wondering if i could please run the most recent response i have received on the card i am challenging past you. To re-cap where i was with my process:

1) I had sent off the first letter. This is a credit card account with NatWest and has already been defaulted so i figured it was worth a go.

2) Had received a reply from NatWest - 'We are obliged to provide you with a 'true' copy of the credit agreement and a statement of financial information relating to the account, namely, the state of the account, amount currently due, with amounts and due dates of future paymentsthat still require to be made. In terms of the CCA copy document regulations, the 'true' copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing that plus a copy of of the current terms of the card agreement.'

I was provided with an original copy of the application form that i signed, terms and conditions on a seperate attachment, and a version of CCA as it now stand (with my current credit limit).

3) We spoke briefly (i appreciate that you have advised loads of us by now and its very much appreciated) and based on this i sent off the CCA query (letter 3).

4) I have now had the following response from NatWest -

'Regarding your letter concerning the Banks alleged breach of the CCA.

Any request for a copy of an executed agreement under s78(1), states that the company must meet it's statutory requirements by providing a 'true copy' of the agreement relevant to the card product. These copies should be accompanied by the statement of financial information relating to the account.

When responding to requests under s78 we are compliant if we provide a 'true copy' of the agreement in accordance with Regulations 3(2) and 7 (1) (b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. This means that there is no obligation for us to provide a copy of the original agreement bearing signatures. Additionally, under Regulation 3 (2) a 'true copy' does not need to contain all personal information relating to the borrower, nor does it need to includea signature box or dates of signatures.

We have supplied a copy of the credit agreement that you agreed to after which you then received your credit card. We have also supplied a copy of the original and current Terms and Conditions of that card product with the prescribed terms and a statement showing the outstanding balance. We have advised you who you need to contact to discuss amounts due and owing, and future payments that must be paid. We have therefore met our obligations under s78(1) to provide a copy of that executed agreement and again we are satisfied that what was provided complied with the Regulations expressly made for controlling what is a 'true copy'.

I must therefore inform you that we can see no reason to enter into further correspondance with you about alleged CCA breaches. If you are not satisfied with this response, you may seek whatever legal redress you consider is open to you.

We do not consider this account to be in dispute and your indebtedness on this account remains due and payable and we will be pursuing for the full repayment. All non payments have been recorded on your credit file as has the default due to non payment.'

I've tried to look through the forum and figure out whether this is enforceable or not and i don't think it is on the basis that the only original credit documents i have our terms and conditions covering a number of cards and none of the financial documents are on my signed application form. In addition, i can't see a credit limit stated.

They make reference to the card replacement letter but this seems to just be a recent letter (its undated) and i know that the amount it lists as my credit limit wasn't that when i took out the card.

I know your a very busy person NID but if i could trouble you for your thoughts on my next move and where i stand it would be infinitely appreciated.

themaestro

Hi NID - slightly off topic here but.........i have a CCJ with DLC regarding a GMAC account i took out to buy a car. I couldn't keep up with repayments so they CCJ'D me and i'm paying £20 a month on a balance of just over £4k. I can't afford to pay anymore than £20 but it's going to take about 17 years to pay of lol. Is there any way round this?

Lloyds_Dad

Hi all just finished a 6 month repayment plan with interest frozen with Egg with first payment just made by direct debit (I hadnt realised I had arranged this)

However I am no apparently unable to continue this for another 6 months and the only way around this is to go on a DMP and get a default.

Have any of you encountered this as I currently owe £ 1200.00 ish and monthly repayments are £ 24.65 which hardly touches the debt due to interest now being incurred.

Many thanks for your help

never-in-doubt

bankkiller wrote: »

whats the best way to get it removed then from the credit file?
the CCJ might still exist, but it should be able to be removed from the credit file though i am not right?
thanks

It disappears from your credit file after 6 years, but obviously it will be there under 'judgements' (Public Data) - the only way to get it removed is via the court that issued it. So you need to go back to the issuing court and ask them, and have a bloody good reason as well or they will say no!

never-in-doubt

neilsj wrote: »

I sent the Request, Reminder and Dispute letters to Lloyds TSB starting from November last year and hadn't heard a thing. Today, someone has forwarded me mail from an old address including a 'response' (they've not too cleverly merged my full 'overseas' address with the old town/ postcode, in spite of me clearly providing them change of address/country details).

The letter came about six weeks after initial request and appears to include a recon copy of their basic Ts and Cs (no signature/panel nor credit limit) along with the usual 'we don't have to provide a copy of the original signed agreement...endeavouring to locate the copy'.

They also state they 'will not be entering into any further correspondence...regarding the provision of copy agreements'.

In spite of them telling me 'agreement you have with us is fully enforceable', I suspect it is not.

So should I just be bloody minded and ignore the letter or respond?

Hiya

So are you currently abroad or was that where the debt originated? Either way, it doesn't really matter too much if what you say is true.

All you need to do is to send the following, which puts closure to the complaint by way of telling them you deem it unenforceable until they provide the true copy. 4. CCA Dispute

never-in-doubt

themaestro wrote: »

Hi NID - slightly off topic here but.........i have a CCJ with DLC regarding a GMAC account i took out to buy a car. I couldn't keep up with repayments so they CCJ'D me and i'm paying £20 a month on a balance of just over £4k. I can't afford to pay anymore than £20 but it's going to take about 17 years to pay of lol. Is there any way round this?

You could stop paying, not great but after 6 years the CCJ will drop off your file - have you checked for enforceability/illegal charges/PPi etc? Anything helps - did they execute the CCJ correctly, i.e. were they too hasty and failed to give you notice?

I'd send a PM to 10past6 who is better clued up (than me) with the way these work.....

never-in-doubt

Lloyds_Dad wrote: »

Hi all just finished a 6 month repayment plan with interest frozen with Egg with first payment just made by direct debit (I hadnt realised I had arranged this)

However I am no apparently unable to continue this for another 6 months and the only way around this is to go on a DMP and get a default.

Have any of you encountered this as I currently owe £ 1200.00 ish and monthly repayments are £ 24.65 which hardly touches the debt due to interest now being incurred.

Many thanks for your help

You should start a new thread here: Debt-Free Wannabe

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