Unenforceability & Template Letters II

never-in-doubt

monlou wrote: »

Hi There


I sent the Template letters to Moorcroft on the 23rd January 2010 and i got a reply from them dated the 29th January stating that they had forwarded my letter to Freemans requesting the CCA. I then get a letter from freemans dated the 5th Feb stating that my CCA will be sent to me. So far i havent recived any thing in the post. But i got a letter from Moorcroft stating that there client has ordered a copy of my agreement which should be with me shortly and they will recommence collection after a period of 7 days from the date of letter (11th Feb).
My question is do i write another letter stating that i havent received the CCA?
And can they commence collection even though i havent received the CCA? I have advised payplan not to make payment until i have received the CCA.

Thanks

Hiya

Don't worry, just ignore their bland boring threat - which is all it is! They cannot do anything, not a peep until they come out of default and supply the agreement as per s.78 CCA. Chances are, what with it being Freemans, they won't have one unless you specifically remember signing it at the time of your order.....

never-in-doubt

Farmer_jones wrote: »

First of all some history;

I wrote to Robinson Way asking them for a copy of the CCA, enclosing a £1. Usual stuff in reply (that was in November last year), no CCA, but a bunch of bank statements showing I owe Abbey (the claimant) nothing. Then earlier in January they sent a letter from their solicitors. I replied with a "whilst in dispute" letter. Its now gone back to Robinson Way, who have replied. The text of the letter is:

We refer to your recent correspondence in which you claim this account is not enforceable.

We are satisfied that the documentation provided is sufficient to demonstrate liability and we will not enter into repitive correspondence regarding this.

Your data will continue to be processed in line with the principles of the Data Protection Act 1998, and the account will continue to be reported to credit reference agencies, where appropriate. If you neglect to make payment to us, further action maybe taken against you.

We require payment proposals within 14 days.

So whats my next action ? A revised CCA request, with a threat of me taking them to court ? I am happy to go all the way with this, and am contemplating taking them to court.

All help appreciated.

Hiya

I'm confused, you said above "but a bunch of bank statements showing I owe Abbey (the claimant) nothing" - can you confirm, is this a zero balance account i.e. is there no debt? If there is a debt, can you confirm how much and when you last paid etc...?

I can't give any advice until you answer this, the reason why? A £0 debt cannot be CCA'd - there has to be a balance.

monlou

never-in-doubt wrote: »

Hiya

Don't worry, just ignore their bland boring threat - which is all it is! They cannot do anything, not a peep until they come out of default and supply the agreement as per s.78 CCA. Chances are, what with it being Freemans, they won't have one unless you specifically remember signing it at the time of your order.....

Do i have rewrite to freemans again requesting the CCA? the letter the last sent me was dated the 5th Feb. do i write again giving them 30 days??

never-in-doubt

monlou wrote: »

Do i have rewrite to freemans again requesting the CCA? the letter the last sent me was dated the 5th Feb. do i write again giving them 30 days??

No you wait! Do nothing and stop paying as well...

monlou

never-in-doubt wrote: »

No you wait! Do nothing and stop paying as well...

Ok
i have advised payplan to withold payments
how long should i wait for?

never-in-doubt

monlou wrote: »

Ok
i have advised payplan to withold payments
how long should i wait for?

Forever! lol

I don't get what you're asking here, if the lender/dca do not provide a CCA they are in default and they cannot enforce any judgement via a court. So you can ignore them for a year or a week, its up to you.

But suffice to say, give them til the end of the month and then send the CCA Dispute from page 1 to close it, from your end.

This tells them you're not convinced and will cease repayments until you see the original version or a copy of it.

Make sense? :rotfl:

St0lli

never-in-doubt wrote: »

Ok send everything to Citi and ignore clarity who have no legal rights to the debt, as things stand.....

Thanks Niddy....

I've had some hopefully good news from MBNA/Optima.... I sent them a CCA request and also a 'reveal your vitals' request regarding the CCJ they have so kindly started proceedings on. Got home tonight and there was post from them which said 'further to your recent correspondence (doh, which one?) please find enclosed documents as requested'.and they have enclosed credit card statements and a CCA. I'm hoping this is the same info which will come through when they reply to my request for revealing vitals as I don't think they will have a leg to stand on. Obviously I'll run it by you before proceeding. They have until next friday I believe to reply to this. Phew how stressed am I?:eek::D Time is ticking away.. tick tock tick tock....

monlou

never-in-doubt wrote: »

Forever! lol

I don't get what you're asking here, if the lender/dca do not provide a CCA they are in default and they cannot enforce any judgement via a court. So you can ignore them for a year or a week, its up to you.

But suffice to say, give them til the end of the month and then send the CCA Dispute from page 1 to close it, from your end.

This tells them you're not convinced and will cease repayments until you see the original version or a copy of it.

Make sense? :rotfl:

Yes sorry completely understand now
i thought there was a time limit of when they had to give you the cca.
I know i never signed the aggrement because i have the originals with me and they are all before 2007. So i am interested to see what they come up with.
Thanks once again:D

never-in-doubt

St0lli wrote: »

Thanks Niddy....

I've had some hopefully good news from MBNA/Optima.... I sent them a CCA request and also a 'reveal your vitals' request regarding the CCJ they have so kindly started proceedings on. Got home tonight and there was post from them which said 'further to your recent correspondence (doh, which one?) please find enclosed documents as requested'.and they have enclosed credit card statements and a CCA. I'm hoping this is the same info which will come through when they reply to my request for revealing vitals as I don't think they will have a leg to stand on. Obviously I'll run it by you before proceeding. They have until next friday I believe to reply to this. Phew how stressed am I?:eek::D Time is ticking away.. tick tock tick tock....

Hiya

Its 10past6 that's dealing with the court (ccj) element right?

Can you update your thread with the same info so he sees it? Post the CCA or email it to me and i'll check the legality of that - so at least you know where you stand regards to that...

Don't be stressed, you've got the best (free) help going right now

Flower567

Hi Guys

Just wondering if anybody could help - confused as to what to do next! For a MNBA Credit Card -have sent request letter and chasing second letter requesting agreement and received nothing (stopped paying after second letter) and sent dispute letter, then received letter from MBNA saying that they were awaiting information from the previous lebnder also they also sent me a statement which had a default notice attached - just ignored both of these, then go another letter from them MBNA saying that I still needed to pay due to judgment in McGuffick case, again just ignored this. However, I have today received a letter stating that they have withdrawn my credit (expected!) and that I have ignored there requests and that interest and late payment will still be added to my account. The letter also states that they are going to take court action. I am unsure whether I should ignore these or write back saying account is in dispute and forward copies of my letters again - just worried they will take me to court - it was my understanding that they cant. Still not received agreement! Also, I was sent a default notice with the statement but this letter also says that this will be registerd with Credit Agencies - would they have not already done this when they sent the default notice to me? Just confused now!!!

Thanks in advance.