Unenforceability & Template Letters II

never-in-doubt

ejc81 wrote: »

:jThat will do nicely mate, going in post first thing tommorow

cheers :beer:

Glad you like, its basically a more formal approach issuing the relevant threats thus meaning if they don't comply you can skip court (lol) and go straight to the CRA's who are duty bound to remove the default anyway!

Lets see what they say - post back when they reply.

never-in-doubt

libbyjade wrote: »

Hi Niddy,

I was a little unsure about your response on a previous post, I think I confused you with having a few cards contained within it. For my clairty, I have tried to outline it better -

cca request - 10/06/09

nothing received from American Express

cca dispute letter sent 17/07/09 (letter signed for by American Express)

incorrect cca sent by American Express to me July 09 (no specific date on their letter)

I send further step 4 cca dispute letter on 02/02/10 (sent recorded delivery to same address as above but not showing as signed for on Royal Mail website)

Have I sent out the right letters, do I need to do anything else now?

Thanks!

Hiya

No what you said seems fine - have you seen page 1? that outlines the process to follow and from what you're saying it seems you've done the right things so far.

So have you stopped paying? Sorry, been a long day and I can't see you asking for anything in your post - have I missed something lol? I thought I replied to you here: #2130

libbyjade

_pale_

never-in-doubt wrote: »

Hiya

No what you said seems fine - have you seen page 1? that outlines the process to follow and from what you're saying it seems you've done the right things so far.

So have you stopped paying? Sorry, been a long day and I can't see you asking for anything in your post - have I missed something lol? I thought I replied to you here: #2130

Haha, I know what a long day night is, got 2 kids under 3! :rotfl:

yeah, I've stopped paying all 4 of my creditors until such time any of them provide me with a true cca. In your reply #2130 I thought you'd said to send Amex a CCA reminder. But thought this only needed to be sent when they hadn't sent anything after the initial request? Anyway, no harm done - I'll now sit tight!!

never-in-doubt

libbyjade wrote: »

_pale_

Haha, I know what a long day night is, got 2 kids under 3! :rotfl:

yeah, I've stopped paying all 4 of my creditors until such time any of them provide me with a true cca. In your reply #2130 I thought you'd said to send Amex a CCA reminder. But thought this only needed to be sent when they hadn't sent anything after the initial request? Anyway, no harm done - I'll now sit tight!!

Makes sense now so its sitting in default until they comply, that is correct.

libbyjade

never-in-doubt wrote: »

Makes sense now so its sitting in default until they comply, that is correct.

Phew! :T I thought I was getting the hang of some of this and that threw me!! Would help if I was a bit clearer, you get so many posts on here. Yeah, it's in default now till I hear/receive anything different

If you get a mo, can you look at #2186 (I have only posted it tonight, but I'm Mr impatient!! :mad:

lol:D

St0lli

never-in-doubt wrote: »

Sorry thought you told me clarity were harassing you? Who is hassling you, who owns the debt? who registered the default?

Sorry for the confustion. CitiCards issued the default, then they sent the termination. Next thing I know I have a letter from Clarity saying they want full payment. I sent a copy of the default and the termination letter in the file I emailed you but didn't send you the letter from Clarity. Would you like to see a copy of that as well?

St0lli

fto

Hi NID,
Just received the following from MBNAA,This is after I sent the second letter.

we apopogise for the delay in responding in full to your request made under the consumer credit act.We hope to write to you futher regarding your your request in due course.
We note that the account was acquired from another lende some time ago,as such we need to obtain documentation from that lender.As soon as we receive that documentation we will forward it to you in responce to your request.
In the meantime, you should continue t make payments to the account.This has been confirmed in the recent high court judgement of Mcguffick v RBS on the 6 oct 09 in which Mr Justice Flaux directed that even in circumstances where a lendernhas not yet complied witha request under the act,that lender can continue to demand that payments be made to he account.
Then it advices me to contact cccs or payplan.
Which letter do I send next..........thanks

AndyLGR

I recently sent a request to the DCA (Fredricksons) for my capital one credit card account. They sent me a letter acknowledging receipt of the request and have also confirmed that my account is on hold, therefore should I now stop making payments to them by standing order?

cejsmith

I've just have a call from ARC re my egg cc, both look unenforcable ( touch wood), the question is why do credit card companies move the chasing around? First it was egg, then DLC and now ARC, surely it must cost money to move the accountants around.

I'm confused!!!

DGJsaver

I have to ask....can someone answer this question for me , according to George UK on here , a bank can just send an agreement copy , that doesnt have to have signatures on.....am i being thick because this isnt (or doesnt appear) to be what niddy has told me...

Its on http://forums.moneysavingexpert.com/showthread.html?t=2214937&page=2