Unenforceability & Template Letters II

munchins

Hi NID,

You very kindly drafted a letter for me recently in response to a phoney cut and paste CCA job from Morgan Stanley/Barclaycard.

I now have a CCA from Capone March 2006 that appears to be fully enforceable, although I'm new to this and no expert. If this is real then I'm stuffed. It contains both signatures and the prescribed terms. However, it may just be a very professional reconstituted version as the layout appears to be a bit suspicious and I definitely do not remember signing this. Is there any way I can check? I'm not allowed to post as I'm new here.

Thanks.

never-in-doubt

munchins wrote: »

Hi NID,

You very kindly drafted a letter for me recently in response to a phoney cut and paste CCA job from Morgan Stanley/Barclaycard.

I now have a CCA from Capone March 2006 that appears to be fully enforceable, although I'm new to this and no expert. If this is real then I'm stuffed. It contains both signatures and the prescribed terms. However, it may just be a very professional reconstituted version as the layout appears to be a bit suspicious and I definitely do not remember signing this. Is there any way I can check? I'm not allowed to post as I'm new here.

Thanks.

Post it to imageshack then here - you can post now you have 10 posts to your name lol.....

munchins

Thanks NID,

Here it is hopefully!

http://img697.imageshack.us/img697/2986/cap11e.jpg
http://img18.imageshack.us/img18/3474/cap12t.jpg

never-in-doubt

munchins wrote: »

Thanks NID,

Here it is hopefully!

http://img697.imageshack.us/img697/2986/cap11e.jpg
http://img18.imageshack.us/img18/3474/cap12t.jpg

Yep sorry to say that looks enforceable, time to sort out prepayment plan me thinks

munchins

NID, thanks for your efforts.

munchins

NID,

Forgot to say lots of late payment charges etc on this, should I send for a SAR and claim these at the same time as I offer a repayment plan?

never-in-doubt

munchins wrote: »

NID,

Forgot to say lots of late payment charges etc on this, should I send for a SAR and claim these at the same time as I offer a repayment plan?

no sort out any claims first then then sort repayments ........

munchins

Sorry NID, one last question!

As a SAR will take up to 40 days to arrive, then we have the claim for unfair charges etc. How do I hold off the creditor or DCA over this time if I don't offer to pay? As it is circumstances dictate that I am only able to make a token payment of £1 - 5 per month in any case. Just wondered what the strategy should be?

never-in-doubt

munchins wrote: »

Sorry NID, one last question!

As a SAR will take up to 40 days to arrive, then we have the claim for unfair charges etc. How do I hold off the creditor or DCA over this time if I don't offer to pay? As it is circumstances dictate that I am only able to make a token payment of £1 - 5 per month in any case. Just wondered what the strategy should be?

Right first thing to do is to SAR the lender - not the DCA. So you send it direct to the lender, in the meantime you send a simple letter to the DCA stating you are disputing the actual balance on the account as you feel there are undue charges and until such time the lender complies with your section 7 DPA Request (attach a copy of your letter to the lender) then you will not be making any payments toward the alleged debt.

Then go on to say that it is in the lenders best interests to sort the SAR out quicker, so as you can ascertain legitimacy of the debt thus making a decision as to what to do next.

If they bug you, ignore them and we'll deal with all later.

Remember to send the Advanced SAR from page 1.

munchins

Much appreciated NID,

No DCA involved yet but I'm expecting one any day!
A DN has already been sent so things are hotting up! The DN gives me 28 days to rectify the arrears, I thought the DN had to specify an exact date but I may weel be mistaken>