Unenforceability & Template Letters II

AndyLGR

never-in-doubt wrote: »

Because on a credit card CCA only your name needs to be present, on a loan CCA your name and address needs to be present.

Recent case law suggested that an omitted address from a credit card CCA does not render the account unenforceable. Judges will refer to this in any judgement, especially being it is such a recent case and fresh in everyone's mind.

Why does the DCA want to take it to court? Have they actually told you this or 'threatened' you with this? Big difference really - also, what did they send you, in respect of CCA? Can you post it up here and i'll take a look...?

I have had nothing yet from the DCA with regards to the CCA, just a letter telling me they are requesting it from the original letter, but at the same time they also sent me a letter threatening to take me to court if I dont contact them to pay up. Of course this letter is not from a solicitors its just got a different header from the same DCA.

I was just asking the question in case anyone does go to court over a credit card.

On the subject of a CCA, I am sure that the only thing I ever signed was an application form, but should the CCA have been sent to me after the application was accepted? Is the CCA something that should be signed by the customer?

libbyjade

Hi Niddy,

Just an update for you, if you can please advise.
I sent a dispute letter to Crap 1 on 2/2/10. I've now just received a letter from Capquest dated 10/02/10 saying that the debt from Cap 1 has been sold to them.
Included with that letter was a letter from Cap 1 dated 9/02/10 confirming the debt had been sold to them.

What should I send to Capquest, if anything? I am hoping Cap 1 may have sold the debt as they know it is unenforceable or is that just wishful thinking at this stage??

Do I need to avoid all telephone contact with all creditors?

I also sent a disput letter to NCO/RCO (debt collectors for American Express) on 2/2/10 but it is showing on the Royal Mail tracking info that the item is being tracked through their network for delivery. All the other letters sent state that they have been delivered.

Do I need to send the dispute letter again or possibly send it direct to American Express? Or is it sufficicient to leave things and say I have made reasonable attempts to get it to them?


Many Thanks!

never-in-doubt

AndyLGR wrote: »

I have had nothing yet from the DCA with regards to the CCA, just a letter telling me they are requesting it from the original letter, but at the same time they also sent me a letter threatening to take me to court if I dont contact them to pay up. Of course this letter is not from a solicitors its just got a different header from the same DCA.

I was just asking the question in case anyone does go to court over a credit card.

On the subject of a CCA, I am sure that the only thing I ever signed was an application form, but should the CCA have been sent to me after the application was accepted? Is the CCA something that should be signed by the customer?

Ok well just wait and see what they send back - they cannot take any action whilst CCA is pending.

Your signature should be on the same page as the prescribed terms (or linked) and that can be an application form, yes.

never-in-doubt

libbyjade wrote: »

What should I send to Capquest, if anything? I am hoping Cap 1 may have sold the debt as they know it is unenforceable or is that just wishful thinking at this stage??

Send this:

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.

libbyjade wrote: »

Do I need to avoid all telephone contact with all creditors?

Yes! Fail security, that's the best way! or just hang up on them.:D

libbyjade wrote: »

I also sent a disput letter to NCO/RCO (debt collectors for American Express) on 2/2/10 but it is showing on the Royal Mail tracking info that the item is being tracked through their network for delivery. All the other letters sent state that they have been delivered.

Oh well, you sent it that is the main thing. Chances are RM tried to deliver, you don't need to send anything yet - if it is still not signed for by 20th Jan then send the following (plus attach a copy of your original request and a copy of the proof of postage):

2. CCA Reminder
This is the letter you send after the CCA Request timeline has expired (14 days). You should also cease payments at this stage (bear in mind you will get a default so if you're not happy with this then stop here!).

thecheshirecat

Hi, just a quick question, apologies if it's in the wrong place! I sent this letter

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully


To a company that has been phoning me up to 12 times a day. I answered the phone this morning (not realising it was them again) and mentioned the letter. They told me that it was an automated dialing system and that as such they couldn't stop the calls. What can I do now?

never-in-doubt

thecheshirecat wrote: »

Hi, just a quick question, apologies if it's in the wrong place! I sent this letter

To a company that has been phoning me up to 12 times a day. I answered the phone this morning (not realising it was them again) and mentioned the letter. They told me that it was an automated dialing system and that as such they couldn't stop the calls. What can I do now?

You should change your number, block witheld numbers or simply hang up each time they ring you. Failing that you report them to the regulators as defined in the template you sent, i.e OFCOM, Trading Standards and The Office of Fair Trading (click each name to go to their website)

thecheshirecat

Thank you so much for your quick reply. I shall get right to the OFT!

ejc81

Hi all, I need some help in removing 3 defaults from my CR.

Namely:

Lloydstsb CC defaulted 06, settled 07,

Mint CC defaulted 06, settled 09

1st credit defaulted 06 NOT settled as I didn't owe them anything in the first place. I sent two letters (not from templates) explaining this to them, got no response & thought it had been dealt with until I saw the default on my CR a few weeks ago <grrrh>

I also want to claim my card charges from lloyds & mint if possible but my main concern is to get rid of the defaults ASAP. I still have my current account with lloyds so feel I need to approach them with due care!

Also was wondering that if I need to request info such as CCA etc, can I somehow manage to get the info I need for the default removed & card charges claim using the same letter? Would this just be CCA request or will I need statements etc aswell?

I've paid the debts (except 1st credit as I'm not paying what I don't owe!) and the other accounts have been closed for a couple of years now. How difficult is this going to be & have I got any chance at all?

Sorry if this is all covered elsewhere just everything I've read seems to focus on accounts that are still active/owing.

Thanks in advance

Afroking

Hi People, I'm totally new to this blog though have been using the site in general for some years. I spent the whole of yesterday reading this thread only to find that I'm not alone. I have followed with keen interest and have just sent CCA request.

However, I have one particular question which appears no one on the thread is in my situation.

I had an HSBC mastered card pre-dating 2005. I went through a divorce and life went down hill. Stupidly I took out loans and CC in my sole name, so on divorce was left to sort it out by myself. Anyway that's just that. I missed payments on CC sometime in 2006 and debt was passed on to CL Finance, who defaulted me in 2006 but never ever received the default notice.

I'm n the process of moving home so went to an estate agent, they did a credit check and I was horrified to learn that CL Finance had CCJ'ed me through Howard Cohen and & Co, as per court information provided to me (I called the Court with ref number). I was unaware of this, anyway I rang Howard Cohen and state that no payments had been received on this acc so they took out CCJ. I had been sending check to Howard Cohen since 2008 as I received a call from them back in 2008. I had always sent a cheque with the reference number on the back that they provided me with.

I asked hem about these payments I have been making but as usual very unhelpful and only concerned with the CCJ account. I spoke to 3 different people at Howard Cohen and they all stated that I only have the one account with them and nothing else. I'm in the process of obtaining 2 of the cheques to prove that payments have been made. No way can I afford to buy copies of all cheques made payable to them since May 2008 until Oct 2009. I have not made any payments since Oct 09.

The the CCJ is currently registered at a previous address which I vacated in July 2007. At the time of moving I have a mail divert in place for 6 Months and had never received any warnings from Howard Cohen. Do I still got ahead to request CCA for this HSBC CC account? And I am able to dispute the CCJ in that I was never given a chance to defend myself. Please help.
Thank you in anticipation.

libbyjade

Thanks Niddy,

Letter 11 on its was to capquest. :T

re post number http://forums.moneysavingexpert.com/showpost.html?p=29864003&postcount=2123

(I don't know how to get all the responses in nice little neat boxes like you get it)
but re the letter that has not been received by NCO/RCO (sent recorded delivery) they have already responded previously with an incorrect CCA. What has not been signed for by them now, is my actual dispute letter. Should I still send the CCA reminder? I thought this may be a step backwards?

Also, Apex (for goldfish) are sending me contact letters saying they have not heard from me despite a number of attempts - latest one this month. (got a few of them all very similar going back to 09) However I have previously sent them a CCA request and a cca dispute letter in June & July 09.

On reflection, the address I have sent my 2 letters to are slightly different from their head office address at the bottom of their page, although the addresses I have sent them to have been contained in some responses so I imagine either address should suffice?

What should I do with this if anything?

Thanks again pal, appreciation as ever!