Unenforceability & Template Letters II

never-in-doubt

DoubtingThomas wrote: »

Many thanks, Nid.

Will send letter off by Friday.

Ok, just bear in mind to read and spell check them first.... I updated them all in a rush on a PC without spell check lol

DoubtingThomas wrote: »

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

I didn't acknowledge or respond to this part of your post because it is irrelevant, you should simply post the following letter to Barclays, one for both accounts (4. CCA Dispute). This formally tells them that you're stating it is unenforceable and will not recommence paying until such time they send a copy of the original agreement. In a nutshell, of course

DoubtingThomas wrote: »

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.

Yep, I know a lot about this but would still prefer to see the agreement unless something obvious was missing, such as a signature or prescribed terms. Otherwise i'd always ask to see a copy. As it happens from what you've said to me, I totally disagree anyway and say it is more likely to be unenforceable - in fact, I knew this would be the case when you told me a) The Lender and b) The year(s) you took the cards out! :rotfl:

DoubtingThomas wrote: »

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.

You never put without prejudice - means the other party (and you) cannot use the document in court so therefore the last thing you want is for them to confirm it is unenforceable with the words 'without prejudice' at the top, so don't you do it either! lol

I tend to say put that on things where you're being cheeky, like making a 10% offer for F&F settlement on a large debt....

DoubtingThomas wrote: »

Got a “template” letter back from Barclaycard.

As Michael Jackson used to say 'you are not alone....'

DoubtingThomas wrote: »

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

Indeed it will.

DoubtingThomas wrote: »

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

No, you send them this mate: 11. Account sold whilst in Default of CCA Request with a copy of the letter you send direct to Barclays.

DoubtingThomas wrote: »

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?

Send this to DCA in surrey: 11. Account sold whilst in Default of CCA Request

DoubtingThomas wrote: »

Should there be a paper trail with them?

Don't worry about it..... send the above letters and post back when you know more

You really have nothing to worry about, you've come to the right place for help to get this sorted once and for all - just do not deviate, trust me and do what I ask and before long we'll have a letter confirming the debts are unenforceable - that's what you need. Just follow the process I outline for you mate.

For the record, none of the lenders mentioned can take you to court and obtain any judgement, as things stand.

DoubtingThomas

Thanks, Nid
Do feel better today - think I had reached the limits of the knowledge of people helping til January.

This may amuse you - I had exactly the same letter from the (x2) re the CCA.
http://forums.moneysavingexpert.com/showthread.html?p=30035061&highlight=response+to+cca+request+barclaycard#post30035061
But --- on the same day as CCA 's arrived. I waited weeks to find out what I had complained about!
DT

underworld

Hi NID,

I've received a letter from Barclaycard today following a dispute letter that I sent to them.

It says that they have provided me with the contractual terms under which my financial obligations arise and a statement of account.

It goes on to talk about pre-action disclosure to documents which I am not entitled ???

I've uploaded the docs for you to have a look at at your convenience if you would be so kind, just so I know where I stand regarding enforceability.

If you want to see the letter I can up that too.

Many thanks again.

http://s879.photobucket.com/home/underworld_44/index

never-in-doubt

underworld wrote: »

Hi NID,

I've received a letter from Barclaycard today following a dispute letter that I sent to them.

It says that they have provided me with the contractual terms under which my financial obligations arise and a statement of account.

It goes on to talk about pre-action disclosure to documents which I am not entitled ???

I've uploaded the docs for you to have a look at at your convenience if you would be so kind, just so I know where I stand regarding enforceability.

If you want to see the letter I can up that too.

Many thanks again.

http://s879.photobucket.com/home/underworld_44/index

Hiya mate

see this letter here?

http://img519.imageshack.us/img519/5...toccaquery.jpg

http://img710.imageshack.us/i/bcardr...occaquery.jpg/

http://img98.imageshack.us/i/bcardre...occaquery.jpg/

Taken from: #2257

Look familiar? :rotfl: :rotfl: :rotfl:

never-in-doubt

underworld wrote: »

Many thanks again.

http://s879.photobucket.com/home/underworld_44/index

It looks (from a hard glance) that Barclays is enforceable but the Trustcard is not. Barclays all depends on page 2, above the signatures (in part 12) - is that the prescribed terms (I cannot read it properly)....

So, send this to trustcard: 3. CCA Query

BeenieCat

never-in-doubt wrote: »

Hi Beenie

Just thinking as your debt is so small do you really want to pursue this? It will ruin your credit record?

If you're not bothered then any catalogues will be unenforceable - they usually are lol. But simply go to page 1 and send the request off, as you rightly stated the overdraft cannot be included. :p

Do not send a token payment in with the CCA, you do send £1 CCA fee but do not send any token payments. Obviously don't bother with a DMP right now, if you assume unenforceability.

If you need specific help, give us a shout :p

Thanks :T I know the debt is small but i'm not working atm and when i am i'll be on a low wage for some time yet. So the manageable payments would probably leave me with 5/6 years to pay it off.

My credit record is shot to pieces anyway - i got refused a current account, a Vanquis card etc. I've previously had a DMP with CCCS but stopped it May last year and haven't made a payment since. Before that there was years of missed payments.

Gonna try this... One question though, what if the debt has already been sold to a DCA before i start this process? (All but Barclaycard have i think, since they stole money from my bank account to pay off the arrears.). Does template 11 still apply?

never-in-doubt

BeenieCat wrote: »

Thanks :T I know the debt is small but i'm not working atm and when i am i'll be on a low wage for some time yet. So the manageable payments would probably leave me with 5/6 years to pay it off.

My credit record is shot to pieces anyway - i got refused a current account, a Vanquis card etc. I've previously had a DMP with CCCS but stopped it May last year and haven't made a payment since. Before that there was years of missed payments.

Gonna try this... One question though, what if the debt has already been sold to a DCA before i start this process? (All but Barclaycard have i think, since they stole money from my bank account to pay off the arrears.). Does template 11 still apply?

You'd be best sending the CCA Request to each company and start from scratch..... so send it to whoever asks for payment right now, i.e. the lender or the DCA - it doesn't matter. There is a para in the request that tells them what they should do if they are not the original creditor or assignee.....

Regards to template 11, its not necessary right now. Obviously you should cease repayments now pending successful unenforceability....

InDeepDebt

Just want to say thanks to Never in Doubt for this thread. I've just typed out my two letters to Barclaycard (Visa and Mastercard) starting the ball rolling for the CCA request.

I've had the cards about 25 years now. The thing is, I was all for paying my debt but they've started being dead awkward with me so I've thought "[insert swear word here] 'em".

There are a few other cards that I may be doing the same with in the future. At the moment we are still on token payments though (at their request). We'll see what happens when those stop.

Anyhow, thank you. I'll keep you updated (and no doubt be asking for advice).

I'll keep on pressing those 'Thanks' buttons as I work through the letters.

Jim :beer:

underworld

never-in-doubt wrote: »

It looks (from a hard glance) that Barclays is enforceable but the Trustcard is not. Barclays all depends on page 2, above the signatures (in part 12) - is that the prescribed terms (I cannot read it properly)....

So, send this to trustcard: 3. CCA Query

Thanks NID, sorry I should have said that you have already looked at the Lloyds one and said it is unenforceable.

I'll try and enhance part 12 in the Barclaycard one later for for you to have a look at, I'll type it out if I have to.

Once again, thanks for your time, much appreciated.

never-in-doubt

underworld wrote: »

Thanks NID, sorry I should have said that you have already looked at the Lloyds one and said it is unenforceable.

I'll try and enhance part 12 in the Barclaycard one later for for you to have a look at, I'll type it out if I have to.

Once again, thanks for your time, much appreciated.

LOL - thought it looked familiar (at least you know I don't make things up as I go along)....

Regards to the Barclays one, I need the text that is above section 12 (where you've signed) to be legible - what does that say? Does it link to the prescribed terms or to their terms & conditions etc..... is that the prescribed terms itself...?

See what I mean?