Unenforceability & Template Letters II

never-in-doubt

monlou wrote: »

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

The time limit is officially 12+2 days from the date you posted it (I assume you sent it recorded?). If you still have the originals (as I previously stated, its unlikely they'd have them lol - they never do) then they will probably write back lying or admitting it.

Basically, give them til the end of the month and then see what happens. If nothing, then send this (basically you're skipping the reminder letter): 4. CCA Dispute

If however they create an illegal document, then we'll go for compo and the removal of the default or threaten court action..... see how the process falls into place now? The more you hassle them, the more you're making the judge stick up for them by complying. Let them dig a hole so deep that the judge would see your case and throw the book at them.

Hope this makes sense - to summarise, if they do not reply send this: 4. CCA Dispute if they do, then scan the document and PM me and i'll give you my email address and check it over for you and then sort a letter to get them to remove the default....

never-in-doubt

Flower567 wrote: »

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 However, I have today received a letter stating that they have withdrawn my credit (expected!)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.

Hiya

Can you confirm did you see this last reply?: #1810

Regards to the default, you knew they'd do this anyway - they always do and you cannot avoid it, that is what they refer to with RBS v McGiffick...... However, if you had sent in CCA requests (i.e. putting the account into dispute) then they cannot register anything, let alone a default!

I would be saying lets get them to remove the default, first and foremost but then i'm thinking you need to see the CCA before deciding what your next move is.... therefore do as you suggest and send copies of letters to date (including their reply) with the dispute letter.

Who was the original lender?

Flower567

Yes I did - sorry! I think I over unlooked "cease all communication until they do"!

I just feel nervous that they keep writing threatening letters!

monlou

never-in-doubt wrote: »

The time limit is officially 12+2 days from the date you posted it (I assume you sent it recorded?). If you still have the originals (as I previously stated, its unlikely they'd have them lol - they never do) then they will probably write back lying or admitting it.

Basically, give them til the end of the month and then see what happens. If nothing, then send this (basically you're skipping the reminder letter): 4. CCA Dispute

If however they create an illegal document, then we'll go for compo and the removal of the default or threaten court action..... see how the process falls into place now? The more you hassle them, the more you're making the judge stick up for them by complying. Let them dig a hole so deep that the judge would see your case and throw the book at them.

Hope this makes sense - to summarise, if they do not reply send this: 4. CCA Dispute if they do, then scan the document and PM me and i'll give you my email address and check it over for you and then sort a letter to get them to remove the default....

once i receive it if you could look at it that would be great i will give them till the end of the month and see what happens.

just one more question:
can i still do the above even though i have defaulted

never-in-doubt

Flower567 wrote: »

Yes I did - sorry! I think I over unlooked "cease all communication until they do"!

I just feel nervous that they keep writing threatening letters!

Hiya - I just edited my last post to you - see here: #2231

never-in-doubt

monlou wrote: »

can i still do the above even though i have defaulted

Can you do what? Get the default taken off / claim compo?

monlou

never-in-doubt wrote: »

Can you do what? Get the default taken off / claim compo?

I have already defaulted and i was wondering if this would make any difference to the CCA Dispute Letter you mentioned

never-in-doubt

monlou wrote: »

I have already defaulted and i was wondering if this would make any difference to the CCA Dispute Letter you mentioned

Nah, it changes nothing so long as there is a balance outstanding.....

St0lli

never-in-doubt wrote: »

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

Yes, 10past6 is helping although I know he is very busy with other cases as well. His last pm said "I see you're in the safe hands of niddy, however, wait and see what they come back with, the balls with them now." So basically I think its a waiting game to see what Optima come back as regards to their vitals they are going to present in court - I may still be paying for a day out for you and your wife to Northampton County Court! lol:rotfl:

I'll scan and email the CCA from MBNA to you tomorrow if thats ok?

Thanks Niddy!

monlou

never-in-doubt wrote: »

Nah, it changes nothing so long as there is a balance outstanding.....

Right i am with you now!!!:D got there in the end!!!
will see what the scumbags come up with lol:)

Thanks