Unenforceability & Template Letters II

St0lli

Hi Niddy.... It's me again! :j

Quick question for you.... Back in September I requested my CCA from Citi Card giving them 12 days to reply... nothing came back. On 5th October I followed up with the second letter.... still nothing. (just to clarify both were sent by special delivery and have proof of delivery). However, instead of ceasing payments CCCS have carried on paying them a small amount.

Roll forward to this evening... Get home from work to be greeted by a letter from Clarity informing me that they have been instructed by Citi Card to make arrangements to repay the full amount. They offer a reduced settlement offer or a payment plan.

Where do I go from here?:think:

Cheers NID :beer:

underworld

Hi all, new customer here

Might seem like a silly question but I'm about to send 3 CCA dispute letters off after receiving a load of gumpf from the CCA requests, should these go recorded delivery too, in fact should all correspondence go recorded delivery?

Many thanks.

Dynamite thread BTW

Pugface_2

Hello all,

I've been trying to follow through with the template letters to Bclaycard. I've got two cards with them that losing my job has made it impossible to pay off.

I sent the initial letter and heard nothing, so sent through the CCA reminder letter, and eventually received a reconstituted copy with no signatures.

I then sent the 4. CCA dispute letter and received a reply back saying that they'd sent all they were required to, so I then sent the alternative dispute letter trying to nicely ask for the true signed copy. This was replied to again with a we've sent you all we're legally obliged to send you letter.

Now I've received a letter from Calder Financial debt collection saying I've got 7 days to pay up or they'll legal proceedings, get a local agent to call etc.

Where do I go from here? Really not sure what I should send now to Bclaycard, and what I should send to Calder Financial.

Should I do the SAR route to see what they actually have on me?

Any help or advice would be greatly appreciated.

Thanks in advance.

never-in-doubt

underworld wrote: »

Hi all, new customer here

Might seem like a silly question but I'm about to send 3 CCA dispute letters off after receiving a load of gumpf from the CCA requests, should these go recorded delivery too, in fact should all correspondence go recorded delivery?

Many thanks.

Dynamite thread BTW

Yep - everything should be sent recorded (i.e. the orange sticker) so you have an audit trail/proof of postage.

never-in-doubt

Go_on_martin_lewis wrote: »

hey NiD, dont know if you saw my reply above.

what do you think i should do then? i've ignored the letters like you advised to. but they still send statements. shall i write a letter stating that i acknowledge the debt as unenforceable?

You can do but why bother? Let them send whatever they want, just bin them or send them all back once a month!

never-in-doubt

St0lli wrote: »

Hi Niddy.... It's me again! :j

Quick question for you.... Back in September I requested my CCA from Citi Card giving them 12 days to reply... nothing came back. On 5th October I followed up with the second letter.... still nothing. (just to clarify both were sent by special delivery and have proof of delivery). However, instead of ceasing payments CCCS have carried on paying them a small amount.

Roll forward to this evening... Get home from work to be greeted by a letter from Clarity informing me that they have been instructed by Citi Card to make arrangements to repay the full amount. They offer a reduced settlement offer or a payment plan.

Where do I go from here?:think:

Cheers NID :beer:

Send this to the DCA, with a copy of the letter you'll send Citi (shown below):

11. Account sold whilst in Default of CCA Request
The following letter would be sent when your account has been sold to another DCA/Solicitor when the original creditor/lender failed to acknowledge your CCA Request.

And while you're at it, send a copy of it to Citi with the following letter:

4. CCA Dispute
This is the letter you send if the CCA has not arrived, usually 30 days after the CCA Reminder letter was sent.

Basically you send letter 4 to citi with a copy of letter 11, that you'll be sending the DCA. Also copy the DCA into the letter (4) that you send citi so both know what you've sent to the other.

never-in-doubt

Pugface wrote: »

Hello all,

I've been trying to follow through with the template letters to Bclaycard. I've got two cards with them that losing my job has made it impossible to pay off.

I sent the initial letter and heard nothing, so sent through the CCA reminder letter, and eventually received a reconstituted copy with no signatures.

I then sent the 4. CCA dispute letter and received a reply back saying that they'd sent all they were required to, so I then sent the alternative dispute letter trying to nicely ask for the true signed copy. This was replied to again with a we've sent you all we're legally obliged to send you letter.

Now I've received a letter from Calder Financial debt collection saying I've got 7 days to pay up or they'll legal proceedings, get a local agent to call etc.

Where do I go from here? Really not sure what I should send now to Bclaycard, and what I should send to Calder Financial.

Should I do the SAR route to see what they actually have on me?

Any help or advice would be greatly appreciated.

Thanks in advance.

Send this to Caler Financial and ignore Barclays - they are in default and until they comply you can assume unenforceability: 11. Account sold whilst in Default of CCA Request

Goodtimesahead

nid> see thread below, is it true that a CO cannot be obtained if a property is jointly owned/mortgaged if a debt (credit card)is solely in one name? I have searched the web and I am getting conflicting views What's your take on this please?

http://forums.moneysavingexpert.com/showthread.html?t=1839539

I_Love_Crisps

Hi Nid...you may remember me from a few weeks ago...the crisp guy...:D spoke to you via pm aswell...I had just started my cca's with Cap One, Mbna and Mint

Have received my first reply from Mbna today and will look at that later...but I am a bit worried about the Capital One reply. When you are new to this, its all a bit scary and I know I would'nt dare/be able to do any of this without your help...its very much appreciated!!!

So this time Capital One have sent me a photocopy of my short application form, which does have both mine and Cap One's signature on...this was a balance transfer and has no credit limit or terms on it...just my home/employment/bank details on...but its their letter that im not sure about, rather than put all my info on here, hope its ok to send you them to have a look at...

Regards....

St0lli

never-in-doubt wrote: »

Send this to the DCA, with a copy of the letter you'll send Citi (shown below):

And while you're at it, send a copy of it to Citi with the following letter:



Basically you send letter 4 to citi with a copy of letter 11, that you'll be sending the DCA. Also copy the DCA into the letter (4) that you send citi so both know what you've sent to the other.

Thanks Niddy for your very prompt reply (as always) cheers m'dear:beer: