Unenforceability & Template Letters II

captainhaggis

never-in-doubt wrote: »

Looks perfectly fine to me mate - :mad: :mad:

Ach that's a shame. Never mind!

Thanks mate.

I'll see what they come back to regarding the credit card.

never-in-doubt

captainhaggis wrote: »

Ach that's a shame. Never mind!

Thanks mate.

I'll see what they come back to regarding the credit card.

Let me study it in more detail through the night (when i'm bored) and i'll confirm mate (before the morning).......

I'm sure i'll find something wrong with it - unless they are of course doing their job right! Was it a 2006 loan?

captainhaggis

never-in-doubt wrote: »

Let me study it in more detail through the night (when i'm bored) and i'll confirm mate (before the morning).......

I'm sure i'll find something wrong with it - unless they are of course doing their job right! Was it a 2006 loan?

Yeah fella. Taken out in a branch in 2006.

They also sent me the statement of the loan which has been signed. They seemed to cross the Ts and dot the Is but I'm hoping they dotted a T and crossed an I somewhere in error.

Can I just jump back a bit to the last thread where you said, regarding my MBNA Mastercard (Virgin Money) which turned in to an Amex without a new CCA being signed :

never-in-doubt wrote: »

I assume you were sent terms when they changed the card type? If so they may argue when you used the new card you agreed to the terms so don't hold your breath but you have nothing to lose..... :beer:

If they do argue it can I say to eff off (not in those words, of course) because unless they have a new, signed CCA for the new card/account they're blowing smoke outta their pooper?

never-in-doubt

Scouse19 wrote: »

I've just tried to send that PM, not sure if it worked though as it's not appeared in my sent items...I''ll try again, let me know when you get it - Thanks

I know what you mean mate and I did expect that to be your viewpoint but I would like to get a letter in anyway that shows a reasonable approach on my behalf...the CCA they have sent, you said is a good un, so I now need to get the proper copy or find out if they have one. I'll start slow and then build from there. Maybe it's just me being silly but I'd still like to do this first anyway an then get militant on them if they still don't play ball!

I liked your letter. Further to our PM we agreed to edit it and post it here for others to use. Please check this post: #18 it is the third letter in the post.

Thanks

never-in-doubt

captainhaggis wrote: »

Yeah fella. Taken out in a branch in 2006.

They also sent me the statement of the loan which has been signed. They seemed to cross the Ts and dot the Is but I'm hoping they dotted a T and crossed an I somewhere in error.

Can I just jump back a bit to the last thread where you said, regarding my MBNA Mastercard (Virgin Money) which turned in to an Amex without a new CCA being signed :

If they do argue it can I say to eff off (not in those words, of course) because unless they have a new, signed CCA for the new card/account they're blowing smoke outta their pooper?

Ok leave the CCA with me and i'll have a mooch later matey, its rare to see a fully legit CCA nowadays thus i'm sceptical but hey - you never know!

If the bank changed you to an Amex from a Mastercard without giving you a new CCA or amendment to Terms then you can indeed say eff-off. However usually they send the CCA with the card, albeit unsigned.

So what happened with this then? How can they swap a Mastercard that will be accepted almost everywhere with an Amex that has limited availability? Its weird!

But yea, tell them to get lost and use that as the reason why the CCA is wrong, i.e. you signed for a mastercard - not an amex. Therefore show me the amex signed agreement - see what they say :eek:

Scouse19

never-in-doubt wrote: »

I liked your letter. Further to our PM we agreed to edit it and post it here for others to use. Please check this post: #18 it is the third letter in the post.

Thanks

No problem mate...glad to help!

captainhaggis

never-in-doubt wrote: »

Ok leave the CCA with me and i'll have a mooch later matey, its rare to see a fully legit CCA nowadays thus i'm sceptical but hey - you never know!

If the bank changed you to an Amex from a Mastercard without giving you a new CCA or amendment to Terms then you can indeed say eff-off. However usually they send the CCA with the card, albeit unsigned.

So what happened with this then? How can they swap a Mastercard that will be accepted almost everywhere with an Amex that has limited availability? Its weird!

But yea, tell them to get lost and use that as the reason why the CCA is wrong, i.e. you signed for a mastercard - not an amex. Therefore show me the amex signed agreement - see what they say :eek:

Hi dude. Thanks for this.

I did take out the card to collect Virgin Atlantic miles (arrrrgh!) because many places, as you so rightly point out, don't accept Amex and so I couldn't use my BA Amex for that purpose.

I know for sure I didn't re-sign anything with the new Amex and I'd imagine/hope that this means they cannot enforce any debt there as, technically, they've no agreement from me about that particular account.

I'll throw together a letter to write them regarding the change of account and, with your permission, run it by you (then we can post it on here as I'm sure I'm not the only person in this situ).

Cheers as always fella

CH

leemuddywaters

Ok, I have posted on here numerous times and am yet to do anything about the position Im in.

I have two defaults I am trying to clear up, and want to get letters off this week. As I have mentioned before in 2005 I moved to New Zealand and left a sum of money with a family member to place in my account to cover direct debits on a loan with Egg (£4500 now down to £3000) and a credit card with cap one (£250 now settled)

Unfortunately the particular family member took the money and I was niaeve not to check it had placed in my account, therefore both the loan and credit card defaulted (In 2005) so I have no recollection of receiving default notice as I wasn't in the country.

The cap one is now showing as a settled default on my credit report. So what letter should I send for this to attempt removal? i know I dont have much leverage now as its settled, so should I send proof of default letter?

The Egg loan is now with RMA DCA, I have been paying basically a minimum amount on this, I've been given different advice on this particlular one, should I send an SAR for this and hope the default notice isn't there?

All I really want to know is what two letters to send. Also Do I send to the DCA or Egg for the outstanding default?

Im recently married and its really hampering my chances of getting a mortgage, will it drop off in 2011 totally even if its unsettled?

Sorry for posting numerous times on this, I really want to get letters off this week, just want to make sure Ive got it right before I do.

Thanks in advance

captainhaggis

leemuddywaters wrote: »

Ok, I have posted on here numerous times and am yet to do anything about the position Im in.

I have two defaults I am trying to clear up, and want to get letters off this week. As I have mentioned before in 2005 I moved to New Zealand and left a sum of money with a family member to place in my account to cover direct debits on a loan with Egg (£4500 now down to £3000) and a credit card with cap one (£250 now settled)

Unfortunately the particular family member took the money and I was niaeve not to check it had placed in my account, therefore both the loan and credit card defaulted (In 2005) so I have no recollection of receiving default notice as I wasn't in the country.

The cap one is now showing as a settled default on my credit report. So what letter should I send for this to attempt removal? i know I dont have much leverage now as its settled, so should I send proof of default letter?

The Egg loan is now with RMA DCA, I have been paying basically a minimum amount on this, I've been given different advice on this particlular one, should I send an SAR for this and hope the default notice isn't there?

All I really want to know is what two letters to send. Also Do I send to the DCA or Egg for the outstanding default?

Im recently married and its really hampering my chances of getting a mortgage, will it drop off in 2011 totally even if its unsettled?

Sorry for posting numerous times on this, I really want to get letters off this week, just want to make sure Ive got it right before I do.

Thanks in advance

How long has it been since you were in contact with Egg?

If you haven't spoken to them since you went to NZ - in 2005 - you might want to consider avoiding them for another couple of years and having the debt statute barred (i.e. written off).

leemuddywaters

I've been in contact with the DCA looking after it since ive been home, been back in the uk for almost two years now. I want to get a mortgage in the next year or so, so Im trying all I can now to clear things up as best I can.