Unenforceability & Template Letters II

vickie_xx

never-in-doubt wrote: »

Hiya

Send the following letter to Roxburghe (DCA) with a copy of the second letter attached, to 3 (basically print 2 copies and send one copy to 3 & Roxburghe):



Now, send the following letter off to 3 - remember to add the mobile number, as directed in red font:

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Thanks Nid!!! I'll get this organised ASAP!! Lovin your work!! :A

DoubtingThomas

Thank you very much, Nid.
I appreciate you ploughing through it all.


I need to get away from all the stuff in my head for a while, so will post back later.
There is more debt (overdrafts) with two banks, one a smallish amount, but absolutely nothing can/must be done about them for a month or so, and I can deal with those in my own way - that's imperative.
My bank knows what is going on, have listened for now, and I will see them again soon as arranged with them. It's complicated. I've also been through all this umpteen times with all debt advice charities. They have guided me as best they can to this point.
Each case is different with it's own factors, and I have to ask you to trust me over this.

So it's B/Card and Cap 1 to deal with beyond where I am with them.

What is most alien to me is that I have always paid things however hard the circumstances. I find that the hardest part.


DT

Wispa1

Hi Nid, Hope you are well. Please could I ask advice on an MBNA CCA that I have been sent. After reading "Chinawhites" questions the other day, it has made me relook at my MBNA CCA. What they have provided me with is the following:

Page 1 - CCA agreement with my printed name, address, credit limit, my signature and date of 20/06/02. Also on here is a sentance that reads "you must read condition 11 in the Terms & Conditions provided". At the end of this document which is about 1/4 of a page it says "I have received a copy of and agree to be bound by the Virgin Credit Card Terms & conditions and I understand that I am responsible for paying any balances to my credit card account". There is NO box that says "signed on behalf of (company name) but someone has signed and date stamped for the 30/06/02. It could be the cleaner for all I know!!!!

On the other side of page 1 is the "Financial & related Conditions for the Virgin Credit card". All the prescribed terms are listed here. They are listed after a sentance that reads "Set out below are the important financial & related particulars taken from condition 1 & 2 of the Virgin credit card terms & conditions. Conditions 1 & 2 and the other conditions referred to in these paragraphs and the applicable definitions can be found in the full virgin credit card terms & conditions enclosed which form part of the agreement between us & you".

They have then sent me 4 sides of current terms & conditions as the default fees are for £12 yet they were alot more then that previously. Along with this is a statement of my account.

My CCA was sent to them in December, they have had letters 3 & 4, I stopped payments in December. They have tried to phone me a few times of which I have ignored and the only letters I have had from them are to see if my financial situation has changed & for me to call them....!!! (of which I haven't) I just need to check please whether you think this agreement may or may not be enforceable. As they are being quiet, is this because they know it is unenforceable or do you think they have passed me the rope in which to hang myself with!!! :eek:

Your comments and help would be greatly appreciated as always and many kind thanks in advance.

never-in-doubt

Wispa - hiys stranger

I'd consider sending the same CCA Query letter - can you check the terms where it mentions the conditions and when linked, does it make sense? However send the letter and see what they come back with... it does no harm.

Wispa1

Hi - I have been reading this thread regularly but because your advice is so clear and easy to follow, i haven't needed to post recently (listen to her sucking up...!!!)

I have sent the query letter already but they never responded - should I resend it again then? The only other letter I had from them was to say they would be sending my account to a third party to collect payment.

Condition 11 in the current terms & conditions is about altering the agreement and numbered 11a, 11b 11c and talks about changing interest rates and increasing fees. However condition 1 numbered 1a, 1b, 1c talks about the prescribed terms which are correct.

On the page I have signed it says "Before you sign this agreement you must read condition 11 in the terms & conditions provided . You agree that we (MBNA) may process, use, record and disclose personal information as described in condition 11." Yet the disclosing of personal data relates to condition 14 of the current terms & conditions. If you read it relating my signed copy to the current terms & conditons then it doesn't seem to make sense. I am very confused by all of this now. Please help. Is there any chance that I can scan and send you a copy please?

Sorry if this is a bit confusing. Also does the fact that where they have signed doesn't specifically say "on behalf of ..." make it unenforceable?

with many thanks again

leanne82duke

hi NID just a quick one, am helping my mum out with a few of her debts but had a brain fart on this one x
i have sent the statute barred letter, she was not sure of the dates but thought it could be possible, they sent this reply where do i go from this i.e what do i send back to them.



p.s all the other stuff you have helped me with has all gone in my favour so far :j
(touch wood)

never-in-doubt

leanne82duke wrote: »

hi NID just a quick one, am helping my mum out with a few of her debts but had a brain fart on this one x
i have sent the statute barred letter, she was not sure of the dates but thought it could be possible, they sent this reply where do i go from this i.e what do i send back to them.
p.s all the other stuff you have helped me with has all gone in my favour so far :j
(touch wood)

Hiya

The actual statute barred date is 6 years from date of last payment or acknowledgement - NOT the default date (muppets don't have a clue).....

Just ignore them til July 2011 if you can - do you dispute that date (the date of last payment) or does it tally with the credit file/your records?

never-in-doubt

Wispa1 wrote: »

Hi - I have been reading this thread regularly but because your advice is so clear and easy to follow, i haven't needed to post recently (listen to her sucking up...!!!)

I have sent the query letter already but they never responded - should I resend it again then? The only other letter I had from them was to say they would be sending my account to a third party to collect payment.

You can suck up all you want :rotfl:

If you recently sent the query letter then you should now ignore them and the account is already unenforceable until such time they send a fully compliant agreement. Do nothing for the time being

The account is unenforceable, trust me.

leanne82duke

never-in-doubt wrote: »

Hiya

The actual statute barred date is 6 years from date of last payment or acknowledgement - NOT the default date (muppets don't have a clue).....

Just ignore them til July 2011 if you can - do you dispute that date (the date of last payment) or does it tally with the credit file/your records?

will have to speak to my mum in the am and let you know, i have been trying to get her to look at her credit report for a while now but its a slow process x

Wispa1

Thanks NID !! :kisses: