Unenforceability & Template Letters II

libbyjade

never-in-doubt wrote: »

Well done, you never lied but someone that you never know, rung your personal mobile questioning you and as you were unsure who it is, you simply answered in a way to protect yourself and your identity.

Well done you :T:T - keep up the hard work lol

Haha, well seeing as you put it like that! :rotfl:

Johnboy70

Hi NID
I wonder if you can give me some advice I have 3 Defaults
2 with Abbey and one with egg. I only knew about this today
checking my credit profile Ive had no information from them at all
and when I spoke to the Debit management company they told me this was
how they done it.One of the loans has been sold to debit company this was done early Jan but on the credit report the default shows as being placed on November 09.

mk1golf

Hi Niddy

I sent off the cca now in dispute letter last week, today the mother in law had 2 letters back from LloydsTsb.

The first letter is a different tone to the letter they sent 2 weeks ago when they said they would have no further correspondence with us about the subject of cca, now they apologise and will get a member of their customer relations team to carry out an immediate investigation.

The second letter is from Lloyds TSB's Collection Centre, explaining the account has been passed to them, as the account is in arrears. It asks to contact them by phone if you believe there will be a problem with future payments being paid on time. Then it explains the likely consequences of continued default and the fact they are authorised to take money from the mother in laws LloydsTsb current account (we switched everything to Barclays 2 months ago )

Do I have to send a letter to the collection centre to explain the lack of CCA is the reason for the problem? or leave them to stir for a bit?

Afroking

Hi Niddy,

I sent CCA request to Apex on 13/2/10. Received a record delivery with my cheque for £1 returned. The letter says that they are no longer dealing with this account and suggested to me that I contact the original lender; HBOS. However, I've bee paying Apex for a long time last payment being for £1 on 1 February 2010.

After looking through correspondence I discovered that the loan is now being chased by Wscot. I sent a CCA request to Wescot on 13/2/10. Do I just sit back and wait to hear from Wescot? Wescot sent me a letter in January 2010 but never responded to it nor was I informed by Apex that the debt is now not with them. I'm thinking Apex have been taking my money (not a lot) knowing that the debt is not with them.

Hope it all makes sense. Anyway as I've said a CCA has been sent to Wescot on 13/2/10.

thanks Niddy.

PS: Do you guys accept donations, if not is there a charity that is supported by you lot that one can donate too. I think you're doing a great job, I've been worried sick for the last 4 years with all my debts. I haven't felt this good in many years, knowing that something can be done. Thanks a lot once again.

DGJsaver

Hi All and Niddy !

Update on our CCA Query letter to Barclaycard , after receving a generic terms CCA agreement from the original request...

And have received the below in response , i`m not sure but it looks like its designed to confuse us , talking about variation of terms etc etc..

Anyones take on it would be much appreciated , cheers

http://img519.imageshack.us/img519/5861/bcardresponsetoccaquery.jpg

http://img710.imageshack.us/i/bcardresponsetoccaquery.jpg/

http://img98.imageshack.us/i/bcardresponsetoccaquery.jpg/



Hope they turn out ok to view , please let me know

ELMA97

HI
Just wanting to update and ask a wee question. Since my appl form seems enforceable from hbos I think I might pay them a very small amount on the hope they pass debt to DCA so the £200 interest won't be charged.

Anyhow can I just ask I am sorting out a loan for my dad which was taken out 1993-has been with dca for along time! but I cca'd them and they wrote saying a/c was put on hold until oc provide a cca. default letter received after-can they do this even though they have put a/c on hold, just checking. thanks

never-in-doubt

ELMA97 wrote: »

Just wanting to update and ask a wee question. Since my appl form seems enforceable from hbos I think I might pay them a very small amount on the hope they pass debt to DCA so the £200 interest won't be charged.

Why? you have to cease payments for them to pass the debt to the DCA, but unenforceable means you don't pay so why are you bothered about interest, exactly?

ELMA97 wrote: »

Anyhow can I just ask I am sorting out a loan for my dad which was taken out 1993-has been with dca for along time! but I cca'd them and they wrote saying a/c was put on hold until oc provide a cca. default letter received after-can they do this even though they have put a/c on hold, just checking. thanks

No they cannot, was your dad in arrears or did he miss payments whilst awaiting CCA?

never-in-doubt

DGJsaver wrote: »

Hi All and Niddy !

Update on our CCA Query letter to Barclaycard , after receving a generic terms CCA agreement from the original request...

And have received the below in response , i`m not sure but it looks like its designed to confuse us , talking about variation of terms etc etc..

Anyones take on it would be much appreciated , cheers

http://img519.imageshack.us/img519/5861/bcardresponsetoccaquery.jpg

http://img710.imageshack.us/i/bcardresponsetoccaquery.jpg/

http://img98.imageshack.us/i/bcardresponsetoccaquery.jpg/



Hope they turn out ok to view , please let me know

LOL, what a load of tosh! They are trying to say they can send a true copy - yes, we already know that but it does have to belong to me and not a made up one MUPPETS!!!

Send this back to them mate:

Dear Sirs,

Account No: XXXXXXXX

I write in response to your letter, received on XX/XX/XXXX.

In my original letter, dated XX/XX/XXXX, I requested a copy of the credit agreement relating to the account detailed above. I expected to receive an exact copy of that which you hold in your records i.e. a copy of the agreement which is signed by myself and your representative.

Whilst I appreciate that under the regulations you are able to omit a signature and date box from the copy, I would like to hold in my records an exact copy of the document that you hold. I do not want a piece of paper that alludes to there being an agreement; I would like a photocopy of the actual agreement. I am requesting that you provide me a copy of the agreement that bears my signature as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. In order to be able to adjudge my position effectively I would require a copy of the actual agreement that apparently exists and I therefore appeal to you to fulfil my request. I am willing to pay any reasonable charge that you feel is necessary, in order to provide a copy of the “actual” credit agreement.

In considering my request, I ask that you take a common sense approach and do not hold to the line that you have provided all that is expected of you nor the recent test case in manchester, namely and to be known as:

Carey v HSBC Bank Plc [2009] EWHC 3417 (QB) (23 December 2009).

I make my request in good faith and I feel it is a nonsense approach to hold to the idea that you won’t provide this document because you simply don’t have to. I feel that would take advantage of your position and such an approach from your business not be in the best interests of a healthy business/client relationship. I see no reason not to provide a photocopy of the requested document especially since you included a blank signature and date box on the copy you have sent. Why would it be necessary to not provide a photocopy of the actual document if you are going to send what you claim is an exact replica, minus the signatures? Why are you unwilling to provide the signatures anyway, I don’t really understand this stance? Unless, of course, you don’t actually have the document on record and so are unable to provide it, in which case I understand your actions. If it is the case that the original document is not in your possession, please advise this is your response letter.

I hope that you will find my request agreeable and look forward to your response within 14 days.

Yours faithfully

Sign digitally

never-in-doubt

Afroking wrote: »

I sent CCA request to Apex on 13/2/10. Received a record delivery with my cheque for £1 returned. The letter says that they are no longer dealing with this account and suggested to me that I contact the original lender; HBOS. However, I've bee paying Apex for a long time last payment being for £1 on 1 February 2010.

After looking through correspondence I discovered that the loan is now being chased by Wscot. I sent a CCA request to Wescot on 13/2/10. Do I just sit back and wait to hear from Wescot? Wescot sent me a letter in January 2010 but never responded to it nor was I informed by Apex that the debt is now not with them. I'm thinking Apex have been taking my money (not a lot) knowing that the debt is not with them.

Yep - just sit back and wait mate, I assume you're stopping payments from now on?

We'll deal with Apex in due course, remind me about this lol - we'll get a refund of monies paid if they were not legally entitled to the funds.

Afroking wrote: »

PS: Do you guys accept donations, if not is there a charity that is supported by you lot that one can donate too. I think you're doing a great job, I've been worried sick for the last 4 years with all my debts. I haven't felt this good in many years, knowing that something can be done. Thanks a lot once again.

Lol thanks, but we do this (well I do) for free...... :D:D

never-in-doubt

mk1golf wrote: »

Hi Niddy

I sent off the cca now in dispute letter last week, today the mother in law had 2 letters back from LloydsTsb.

The first letter is a different tone to the letter they sent 2 weeks ago when they said they would have no further correspondence with us about the subject of cca, now they apologise and will get a member of their customer relations team to carry out an immediate investigation.

The second letter is from Lloyds TSB's Collection Centre, explaining the account has been passed to them, as the account is in arrears. It asks to contact them by phone if you believe there will be a problem with future payments being paid on time. Then it explains the likely consequences of continued default and the fact they are authorised to take money from the mother in laws LloydsTsb current account (we switched everything to Barclays 2 months ago )

Do I have to send a letter to the collection centre to explain the lack of CCA is the reason for the problem? or leave them to stir for a bit?

The account is disputed so you leave it like that until they send you a compliant copy of the agreement. If their complaints team hassle you then go to page one and send the harassment letter.....

I assume the mother has ceased repayments already? Ignore their threat - lol, its funny actually cos they cannot do much at all.