Unenforceability & Template Letters II

never-in-doubt

I_Love_Crisps wrote: »

:T

Off to the Ryther Arms tonight...beers are on me! :beer:

In Taddy? lol

Pugface_2

Hi NID,

Thanks for that. Really appreciate it. I've sent off the letter by recorded delivery today.

I've got two other ones on the go at the moment as well - Abbey and Cap1.

Unfortunately Abbey have just sent me something that looks worryingly like an actual copy of my agreement as it has my signature on it.

Cap1 seem to have been stalling for ages, and not bothering to get back to me despite all the letters, then a letter came through asking for a signature, so I sent off your letter saying that it wasn't necessary.

Then about a week later I got a letter saying that I had now had a default issued against me, and on the same day a letter arrived from a debt collection agency. I didn't get any warning that the default was going to be issued and didn't think they could do that.

Even after just over a week they still haven't replied to the letter about not needing a signature. They're driving me mad with not getting back to me with anything.

Thanks again - can't tell you how much it means to have someone around that can help and give the encouragement as you do.

St0lli

St0lli wrote: »

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:

Hi Niddy, I posted this and you advised me to wait and see what they come up with.
Well, I guess it must be my lucky (_pale_) week for letters from DCA's, solicitors etc because I've just come home to find a letter from SCM solicitors saying they have been instructed by Lloyds TSB and which states that depsite several reminders including the issue of a default notice the account still remains out of order and that interest continues to accrue on a daily basis. (This despite Lloyds not charging any interest due to letter I sent them)
The letter is now a formal demand on me to reapy the full outstanding balance within 14 days. If payment is not received court proceedings may be instigated without further reference. The credit card has been cancelled and also if Lloyds dont receive a satisfactory response from me they will lodge the information relating failure to pay to Experian etc.

The letter also states that it is common practice within the finance industry for this information to be used when assessing my ability to manage my finances and this may also impact in the case of family members or associates where they have a relevant financial association with me.

The letter finishes with: If you are unable to pay the full balance Lloyds may be prepared to accept a reduced sum together with realistic proposals for regular monthly payments. You must telephone Lloyds on receipt of this letter to discuss.....

REMEMBER THIS IS A FORMAL DEMAND PRIOR TO THE COMMENCEMENT OF LEGAL PROCEEDINGS AND YOU ARE STRONGLY URGED TO MAKE IMMEDIATE PAYMENT TO AVOID THE ABOVE ACTION.

What the blooming 'eck do I do now? I thought they were supposed to be investigating my complaint not instructing solicitors! :mad:

I'm sorry to be such a drain on you Niddy!

Ethereal_Gaz

Cheers NID,
I've answered your questions....

never-in-doubt

Pugface wrote: »

Unfortunately Abbey have just sent me something that looks worryingly like an actual copy of my agreement as it has my signature on it.

That doesn't matter! More specifically does the prescribed terms link to, or appear on the signature page? If not it's not enforceable.

Pugface wrote: »

Cap1 seem to have been stalling for ages, and not bothering to get back to me despite all the letters, then a letter came through asking for a signature, so I sent off your letter saying that it wasn't necessary.

Crappy1 typical stalling tactics I see ;) Just leave them until such time they send the agreement - if not it remains unenforceable...

Pugface wrote: »

Then about a week later I got a letter saying that I had now had a default issued against me, and on the same day a letter arrived from a debt collection agency. I didn't get any warning that the default was going to be issued and didn't think they could do that.

They should give you at least 7 days notice so you can pursue it but all they'll do is remove it and add it again - waste of time I s'pose but up to you....

Pugface wrote: »

Even after just over a week they still haven't replied to the letter about not needing a signature. They're driving me mad with not getting back to me with anything.

Why? lets hope they leave it 6 years eh! :rotfl:

never-in-doubt

St0lli wrote: »

What the blooming 'eck do I do now? I thought they were supposed to be investigating my complaint not instructing solicitors! :mad:

I'm sorry to be such a drain on you Niddy!

They are not doing anything, calm down! Its a threat, usually known as an Intended Notice of Default (i.e. its a default notice)....

Fine, you knew this would happen plus I told you it would, so calm down and just leave things as they are! :D

looking4justice

Hi NID well no replies to my thread as yet , maybe its a little long ,.. well short question for you ,.. what if prescrided terms are not displyed on agreement for the ppi ? as believe these should have they own terms in place ?

Karen66

Hi I posted this in DFW but not sure if its the right place, nor here either lol.

Upon going through our paperwork today its the first time I have noticed that my husbands and I joint personal loan with Blackhorse has not been dated at all. No starting date, ending date not even the date that the agreement was made. Our signatures are there but whoever processed our loan has not signed it. I was wanting to check how long is left before it was paid off. Is this a common thing to happen? Is it legal having no dates completed?

I seem to have 2 copies of "Borrowers first copy". The other thing I have is the paperwork for setting DD to my bank just noticed that this isnt signed either. I wonder if this is just a copy.

Not 100% certain but I think the date we took the loan would be April or May 2007. The money has been coming out every month since then.

St0lli

never-in-doubt wrote: »

They are not doing anything, calm down! Its a threat, usually known as an Intended Notice of Default (i.e. its a default notice)....

Fine, you knew this would happen plus I told you it would, so calm down and just leave things as they are! :D

I imagine you saying that in your best Michael Winner impersonation :rotfl: 'Calm down dear!' lol

So I don't need to send a letter to SCM saying the account is in dispute?
I know I'm panicing but Optima Legal threatened the same and now they've issued court papers and I'm having to go through all of that which has sent me :eek: I'm just concerned that SCM will go down the same route....

natters_2

I've had a quick search through the thread to see if the letter I need is here, but can't see one - I'm looking for a letter to send to a dca that has taken over a disputed debt - I've already written them an it's in dispute letter.
They seem to have completely ignored the fact that it is in dispute, and even said on the phone after confirming reciept of my letter, that it makes no difference and they hold the account now and I have to deal with them - I've recieved a letter today saying I have to request the CCA from the OC - so what I need is a here's the law as it stands, don't try and baffle me with b/s type of letter.
Thnks in advance.