Unenforceability & Template Letters II

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  • hops1963
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    Hi all please can someone help,

    Sent off first CCA request to Citi cards in October - no reply so sent second in December. Several phone calls asking for money and promising CCA, but none arrived. Sent copies of all letters + step 4 letter. No reply again, until yesterday when i received a phone call from Collect Direct followed up by a letter today. Phoned them up and they said they needed payment. I asked if they had brought the debt as the account is in dispute and they said no but still needed a payment. I said needed to contact Citi but was told they would not deal with me and she would forward it to the solicitors.
    Will it do any good re-sending all correspondence to Citi cards and are Collect direct just trying to worry me?
    All advice gratefully received - oh have had account since 2000.
  • razer12121
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    quick one im wondering if i can get answered....got a card with argos last year due to some circumstances ended up stopping payments (was just before december this happened) where do i stand with this one? at the moment im not contacting them and they have added a hefty load of extra money ontop of it :( if im right to belive the CCA would be useless? i mean am i able to still send it of?? or is there anything else i can do about the silly amount of intrest they have added? thanks!
    ebay 2010 challenge -:j very impressed with myself
    Total - £1428.56
  • never-in-doubt
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    hops1963 wrote: »
    Hi all please can someone help,

    Sent off first CCA request to Citi cards in October - no reply so sent second in December. Several phone calls asking for money and promising CCA, but none arrived. Sent copies of all letters + step 4 letter. No reply again, until yesterday when i received a phone call from Collect Direct followed up by a letter today. Phoned them up and they said they needed payment. I asked if they had brought the debt as the account is in dispute and they said no but still needed a payment. I said needed to contact Citi but was told they would not deal with me and she would forward it to the solicitors.
    Will it do any good re-sending all correspondence to Citi cards and are Collect direct just trying to worry me?
    All advice gratefully received - oh have had account since 2000.

    Send this to the new DCA or whatever they regard themselves as! 11. Account sold whilst in Default of CCA Request
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
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    razer12121 wrote: »
    quick one im wondering if i can get answered....got a card with argos last year due to some circumstances ended up stopping payments (was just before december this happened) where do i stand with this one? at the moment im not contacting them and they have added a hefty load of extra money ontop of it :( if im right to belive the CCA would be useless? i mean am i able to still send it of?? or is there anything else i can do about the silly amount of intrest they have added? thanks!

    Unenforceability = only agreements taken before April 2007. ;)
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • banks4u
    banks4u Posts: 526 Forumite
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    Hi Everyone, I was wondering if someone can help, my mum is on a state pension and gets pension credits.
    Basically she has outstanding credit cards of approx £14,000. Most of the debts are with payplan apart from Capital one. We just can't afford it. She doesn't own a property. What would be the best option for her ? what would happen if she didn't make the payments?

    I hope you can help.
    Debts are with - Capital 1
    MBNA
    Barclaycard and Egg.
  • never-in-doubt
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    banks4u wrote: »
    Hi Everyone, I was wondering if someone can help, my mum is on a state pension and gets pension credits.
    Basically she has outstanding credit cards of approx £14,000. Most of the debts are with payplan apart from Capital one. We just can't afford it. She doesn't own a property. What would be the best option for her ? what would happen if she didn't make the payments?

    I hope you can help.
    Debts are with - Capital 1
    MBNA
    Barclaycard and Egg.

    Read page 1 - then start through the templates, learn a bit first and then send the CCA request with £1 - one to each creditor.

    She will end up with a default though, make sure she knows this. It means no credit for 6 years, pretty much :o
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • razer12121
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    got it so i know that it is enforceable but what can i do about arranging it all, to be honest im really worried about contacting them! there so....shirty on the phone
    ebay 2010 challenge -:j very impressed with myself
    Total - £1428.56
  • never-in-doubt
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    razer12121 wrote: »
    got it so i know that it is enforceable but what can i do about arranging it all, to be honest im really worried about contacting them! there so....shirty on the phone

    Try this: Ask a CCCS counsellor a question :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • razer12121
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    thanks :)

    + 10
    ebay 2010 challenge -:j very impressed with myself
    Total - £1428.56
  • DoubtingThomas
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    Many thanks, Nid.

    Will send letter off by Friday.


    Ref this part of my post
    For 1985 card, terms and conditions, cut and paste, two sheets, stamped 1985 on back, refers to chip and pin in same way as above. Again ,absolutely no reference to me anywhere.
    (I did send a response to those – can explain in another post – it was at this point I got twitchy


    Re letter I did send to Barclaycard:
    January – had been directed by NDL to free legal advice. Guy said the papers sent were the true copy without seeing them – I was very doubtful. Said if I was unsure could send one of their standard letters, but must head “without prejudice”. In it I said I felt unfairly prejudiced as papers bore no relation to me, no way of knowing blah, blah - so held unenforceable under s.127, unless they …….

    Was unsure about sending in that format, but did.

    Got a “template” letter back from Barclaycard.

    So the one you point me to would be more final and round it off.

    Questions:
    Do I send a copy of the letter to Calders as well, who are threatening bailiffs etc??
    Or continue to ignore them?

    Capital One:
    Have had another letter from DCA in Surrey - I haven’t acknowledged their first one yet.
    Do I continue to ignore them, or write summat while I wait for Cap 1 to answer?
    Should there be a paper trail with them?

    Thanks again

    Cheers
    DT



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