Unenforceability & Template Letters II

Emma29

Thank you, going to send this of right now

Emma

savysaving

never-in-doubt wrote: »

Ignore this ^^^^^^^ - utter nonsense. Thought we'd got rid of you once before, this time we'll get you PPR'd...... idiot.

I have forgotten more than you'll ever learn :rotfl::rotfl:

Lack of credit limit does NOT deem an agreement unenforceable!

Goofy, NID proves he is an idiot by disagreing with the judge ( [FONT=&quot]Wilson V Secretary of state)[/FONT]:D
[FONT=&quot]
I just love his arguments for disagreeing ....... [/FONT]:p (because he forgotten more than I will ever learn hahahaha)

Hi Goof! entertain us with more advice :rotfl::rotfl::rotfl:

I love his threats that I will be PPR'd .. way to deal with a perfectly reasoned and documented criticism Goof !
Actually, he has managed to delete posts critcising him (pays to have friends among the moderators..)

DGJsaver

Oi savvy , any chance you can explain yourself in a manner that isnt confrontational and rude ?

savysaving

DGJsaver wrote: »

Oi savvy , any chance you can explain yourself in a manner that isnt confrontational and rude ?

In what way I am confrontational or rude? (When Searching for rudness and confrontation Notice that Goofy first called me an idiot)

Obviously confronting bad advice does not equal being confrontational.
Or do you prefer that people are given wrong advice?

DGJsaver

Thats how i see it , thats why i asked

Jacobs_Crackers

savysaving wrote: »

Goofy, NID proves he is an idiot by disagreing with the judge ( [FONT=&quot]Wilson V Secretary of state)[/FONT]:D
[FONT=&quot]
I just love his arguments for disagreeing ....... [/FONT]:p (because he forgotten more than I will ever learn hahahaha)

Hi Goof! entertain us with more advice :rotfl::rotfl::rotfl:

I love his threats that I will be PPR'd .. way to deal with a perfectly reasoned and documented criticism Goof !
Actually, he has managed to delete posts critcising him (pays to have friends among the moderators..)

If you speak in that manner to people then you are only showing yourself to be rude and arrogant. I know who I would rather communicate with, whether I get the answer I am hoping for or not.

DoubtingThomas

Many thanks NID - really appreciate you answering.


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.....
Yes, I know. Large debts, about £36+k on C/cards, markers on CRA files already, (previously faultless), nothing can do except fight back – don’t like their attitude. Have tried to negotiate – not unexpectedly failed. So–nothing to lose.
Homeowner – (could later open up a can of worms), S/E, age, recession-struck, some Benefits, little can do about it at mo, but trying very hard. Lots of complications.

No – also two cards with B/Card – at similar stage with, but in such confusion in head with all three, need to deal with one at a time. Am not good with their game-playing.

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.
Initially went for advice from D/Advice groups – not suitable for DMP/IVA etc, so told to self –whatever. Followed advice, sent token p/ments, I&E’s – all refused, demanded more.
Made for 4-5 months as am not trying to avoid debts – needed time. Last one Jan’10. Earlier ones by cheque, last, cash with receipt. Have always sent cheques, so have sig anyway.
Previously, had no idea what they are like, experience of this, no knowledge of S/B or Unen/F etc. So very “green” on personal level. Am dubious about some advice given, seeing in new light.


Out of interest, when did you take the card out and what is the approx balance? Is there PPi added?
Late 2005. About £6k. No PPI.
(B/C –‘85 and ’96.)








Quote:
Ok, so can you confirm when the last payment made was before you fell into arrears?
Aug 2009 – min monthly. Token since.

You state you made a token payment, did you? If so when, for how much and to whom exactly?
See above. £1, monthly, to C/one.
Have Crappy1 sent you a Notice of Assignment (NoA) to enable the 'heavies' to deal with this debt?
No NOA. Only “our nominated representative will contact you shortly”, on S of D. No name.

Next day letter from FPC, straight in “your account seriously etc…….has been referred to us for debt coll”. Call and pay to bring u-to-d, or you may be hung, drawn and quartered at dawn without further notice.

Have ignored letter and FPC calls/messages etc. so far.
C/one ringing for months – answered first few, said write only, and letters to that effect, + harass/letter, not answered phone since

Quote:
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....


Sent 13 days ago – delivered – (9 working days). £1 sent. ( no prizes for guessing how! Am clot!)

All post from start R/D, tracked and delivered. Phone calls logged for months
Hope this helps to put you in the picture to a degree.
Thanks
DT

chinawhite_2

never-in-doubt wrote: »

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.

Thanks NID,


Will get the letter sent asap, :T

Regards CW

never-in-doubt

DGJsaver wrote: »

Oi savvy , any chance you can explain yourself in a manner that isnt confrontational and rude ?

PLEASE IGNORE THE USER AND DO NOT QUOTE HIS POSTS

He has had all his posts repeatedly removed in the past for coming here disturbing the thread. The guy is a fool and has no idea and should be ignored.

Please do not quote anything he adds here as his posts will be deleted (again) shortly, :rotfl: :rotfl:

chinawhite_2

Hi NID

another quick query re my MBNA cca, a friend has just had a look at the copies sent and remarked that the T&C's could be from 1994 as under credit limit and charges it states there will be an annual fee of £35 for Gold card and £10 for any other card and this was apparantly what MBNA did around that time - does that sound right ?? I dont remember anything about a fee but we are going back a Long Long way here

thanks
CW