Unenforceability & Template Letters II

DoubtingThomas

Hello - first post, and having read many threads, suffering from overload of info! All good stuff though! New to all this and confused at times.

Capital One to date:
attempts to negotiate token payments/ their refusals/malarky over signatures/phone calls etc (sent letter re these)/ have to date made token payments. Taken lots of advice from early stages, including legal latterly. Now on own with this.

I seem to have had all the usual reponses from them that others have.
Received Notice of Default - pay overdue amount within 28 days of letter - (no DATE given).
Few days later - Notice of sum in arrears, then overdue amount letter.
Replied was unable to respond to demand - repeated token offer.
Signature malarky again - ignored.
Now - Statement of Default and "we have terminated your account".
"Our rep will be contacting you shortly" etc -(un-named as to who will be.)
Next day - calls and letter from heavies FCP. Have ignored them so far.

I have sent off CCA request to C One - crossed in post with their S of D and FCP - waiting for a response.
Please advise Nid, if you have time. No working scanner and can't post much yet, also don't want to waste stamps until needed.
Many thanks
DT

chinawhite_2

never-in-doubt wrote: »

Sorry, please confirm - the signature is NOT on the same page as the prescribed terms? Please be specific I need to know this....

Also, look at the terms and tell me what the charge is for a missed payment or an overlimit charge...... and roughly when you took the card out?

from that i'll have a good idea :eek: sadly enough lol

Hi
My scanner is still being a pig !!! so not able to upload yet.

They have sent two separate photocopied A4 sheets, the first one is the app form with all my details and my signature at the bottom, the next one is headed conditions of use and then has all the terms. The late fee is £5 as is the overlimit fee and the unpaid DD fee is £15. The card was taken out in 1994. There is a possibility that the two were joined together on the original document but I really cant remember. Theyve also included current T&C and statement.

thanks for your help

burton_trade_kitchens

Hi NID,
Thanks for your reply the other day. Letter in post first thing monday morning.
Again thanks for all your help !!!! MUCH APPRECIATED !!!!!

ju34514

Hello NID,

I have been reading through this thread for a while now but never dared ask a question, wondered if you could give me your opinion on this :-

I know you advise not to cca the bank you hold a current account with, but I have an account with Barclays, it is a basic account but managed to get a debitcard with it by speaking to them. The account is in both mine and my OH's name and he is the first named on the account. The CC I was thinking about sending a cca request to is LPF (Littlewoods personal finance) as you probably know is a joint venture between Littlewoods and Barclays. The card is only in my name so could they still off set my Barclays account bearing in mind that it is a joint account and my OH owes nothing to LPF. I read somewhere that a bank could take from a sole named account to pay a joint named CC but couldn't take from a joint account to pay a sole named CC.

Sorry this is a bit long and drawn out, but wondered if you would still advise not to cca.

I think you do a great job on here btw, just reading these threads makes me feel a whole lot braver, lol !!

never-in-doubt

chinawhite wrote: »

Hi
My scanner is still being a pig !!! so not able to upload yet.

They have sent two separate photocopied A4 sheets, the first one is the app form with all my details and my signature at the bottom, the next one is headed conditions of use and then has all the terms. The late fee is £5 as is the overlimit fee and the unpaid DD fee is £15. The card was taken out in 1994. There is a possibility that the two were joined together on the original document but I really cant remember. Theyve also included current T&C and statement.

thanks for your help

Hiya

It is not enforceable, thats plainly obvious from what you've said above.

In 1994 the late payment charge was nearer £30 for most, if not all credit card providers. Thus I assume they have sent the latest terms with the application, fair enough you may think, but they should also send terms in place at the time you took the facility out - now, being you have stated the late payment charge to be £5 - there is no way are these the terms from 1994.

Also, the prescribed terms are unlikely on the application form itself, maybe linked but there isn't usually reference to the link on an application form - we can all create and post documents, but they do need to meet s.78 statutory requirements - this junk does not.

Send the following back regards to this: 3. CCA Query and no need to scan it to me now either, we can safely assume it is currently unenforceable.

never-in-doubt

DoubtingThomas wrote: »

Hello - first post, and having read many threads, suffering from overload of info! All good stuff though! New to all this and confused at times.

Hello & welcome :T:beer::j

DoubtingThomas wrote: »

Capital One to date:
attempts to negotiate token payments/ their refusals/malarky over signatures/phone calls etc (sent letter re these)/ have to date made token payments. Taken lots of advice from early stages, including legal latterly. Now on own with this.

Is this the only card you're in debt with, you realise following unenforceability will default you? i.e. will affect you being accepted for any credit in next 6 years? If happy with theis then.....

Why are you making token payments - this affects statute barred. If cheque cancel it lol - if you paid via card, then good luck! Try not to do it anymore - not so long as you're on here posting cos it will put things out of synch - you need to cease repayments at this stage.

Out of interest, when did you take the card out and what is the approx balance? Is there PPi added?

DoubtingThomas wrote: »

I seem to have had all the usual reponses from them that others have.
Received Notice of Default - pay overdue amount within 28 days of letter - (no DATE given).
Few days later - Notice of sum in arrears, then overdue amount letter.
Replied was unable to respond to demand - repeated token offer.
Signature malarky again - ignored.
Now - Statement of Default and "we have terminated your account".
"Our rep will be contacting you shortly" etc -(un-named as to who will be.)
Next day - calls and letter from heavies FCP. Have ignored them so far.

Ok, so can you confirm when the last payment made was before you fell into arrears?

You state you made a token payment, did you? If so when, for how much and to whom exactly?

Have Crappy1 sent you a Notice of Assignment (NoA) to enable the 'heavies' to deal with this debt?

DoubtingThomas wrote: »

I have sent off CCA request to C One - crossed in post with their S of D and FCP - waiting for a response.
Please advise Nid, if you have time. No working scanner and can't post much yet, also don't want to waste stamps until needed.
Many thanks
DT

When did you send the CCA Request and did you send the £1 payment and do it recorded? You count down 14 days but if it is an older account, chances are it is unenforceable....

Keep us posted - and answer the above, cheers.

never-in-doubt

ju34514 wrote: »

Hello NID,

I have been reading through this thread for a while now but never dared ask a question, wondered if you could give me your opinion on this :-

I know you advise not to cca the bank you hold a current account with, but I have an account with Barclays, it is a basic account but managed to get a debitcard with it by speaking to them. The account is in both mine and my OH's name and he is the first named on the account. The CC I was thinking about sending a cca request to is LPF (Littlewoods personal finance) as you probably know is a joint venture between Littlewoods and Barclays. The card is only in my name so could they still off set my Barclays account bearing in mind that it is a joint account and my OH owes nothing to LPF. I read somewhere that a bank could take from a sole named account to pay a joint named CC but couldn't take from a joint account to pay a sole named CC.

Sorry this is a bit long and drawn out, but wondered if you would still advise not to cca.

I think you do a great job on here btw, just reading these threads makes me feel a whole lot braver, lol !!

Hiya - feel free to ask away.... that's what we're here for

Ok, they can only utilise RoSo if the account is within their scope as an organisation. Put simply, if you bank with Natwest and fell into arrears on your Tesco credit card - then Tesco (RBS) would not be able to deduct this from any bank account as it is a different organisation to the actual lender (Tesco Personal Finance).

However, with regards to halifax & Sainsbury Credit Card the Halifax could pay money to their card services who operate the Sainsbury credit card, assuming you were in arrears.

So, back to you - it is unlikely that Barclays will utilise RoSo to pay any debt you have with Littlewoods but do you really want to take that risk? I can sit here and give you a 100000% guarantee they won't (i'm not though) but then one day, they may well. So, in a nutshell yes Barclays have the right because they are the finance/credit provider of the card on behalf of Littlewoods, you still go through to Barclaycard customer services although they answer as Littlewoods Personal Finance whatever......

Basically, its up to you but i'd (personally) open a basic account elsewhere - obviously you like the debit card Barclays offer, but so does natwest (RBS) and Co-Op.....

Its worth considering opening a new account prior to CCAing Barclays.....

jadex

Sorry if I'm asking for the obvious, but anyway can someone confirm?

1. at the top of the templates from page 1 we also add:
- current date
- OC/DCA postal address
- our name and postal address
2. we type our names at the bottom of already printed letter (not in word processor)
3. Postal Order can be send as blank - just in case they send it back so we can then cash it back (otherwise it is useless as it has written OC/DCA name)
4. If the CCA is taken after April 2007 then no way it can be unenforceable.
But what if application was made in March 2007 but the card (and papers, if any) was received in April or in May 2007? Which date does count?

Emma29

Hi All,

I have received a singed credit agreement for my capital one creidt card that I took out in 2003.

I can not read a thing on it.

What do I do from here?

never-in-doubt

jadex wrote: »

Sorry if I'm asking for the obvious, but anyway can someone confirm?

1. at the top of the templates from page 1 we also add:
- current date
- OC/DCA postal address
- our name and postal address
2. we type our names at the bottom of already printed letter (not in word processor)
3. Postal Order can be send as blank - just in case they send it back so we can then cash it back (otherwise it is useless as it has written OC/DCA name)
4. If the CCA is taken after April 2007 then no way it can be unenforceable.
But what if application was made in March 2007 but the card (and papers, if any) was received in April or in May 2007? Which date does count?

1 - Yes
2 - Yes
3 - Whatever you decide - blank or not, doesn't matter
4 - If the account was before 04/07 then you have recourse to attempt unenforceability..