Unenforceability & Template Letters II

St0lli

never-in-doubt wrote: »

Regards Lloyds, as it is unenforceable and they have now 'closed their files' - tough! Time to ignore the cheeky beggars lol. :rotfl:

Thanks NID... so if their solicitors start chasing me again do I just send them a copy of the 'this is indispute' letter that I've already sent them? Can I tell them my file is closed as well?? lol:rotfl:

scarednshakin

Hi NID, got a reply from Bank of Scotland about the letter I sent out, Post 2091. I am hoping, finger crossed etc that I have managed to put these onto Photobucket (not very up on technical stuff). The link is http://s938.photobucket.com/albums/ad225/sns9736/

On the application form, really hard to read, but it mentions under the Credit Agreement part 'I accept and agree to be bound by the BoS Affinity Mastercard Conditions of Use (as set out overleaf and as ? then can't read the rest of it.

Does that mean it is enforceable? The old terms and conditions that they sent out still have an address on them that we did not move to until nearly a year after we took the card out, we and they had no knowledge of the address at the time we applied for the card.

Thanks as always for your help :beer: SNS

Farmer_jones

Hello NID , all

I sent a CCA request to Robinson Way regarding an Abbey BANK account I once had. After much tooing & frowing, Robinson Way are now saying that BANK account's don't have a CCA. Therefore (say Robinson Way) I am not entitled to a copy of the CCA, and I should cough up immediately.

The total amount is £2,000 but its £2,000 Abbey ripped me off for.

I have written and tried the letters approach, and they are getting quite rabid, asking at my home, do I work, attachment of earnings etc etc, all on the phone.

Any advice please, as I am now at the point where I just don't want to pay these F*****S anything because of their atitude.

Thanks

FJ

AndyLGR

I applied for my CCA to a Barclaycard that is held by a DCA (Lowells). They replied recently to say they are trying to track it down and it may take longer than 14 days to get back me.

They sent me another letter today to say that Barclaycard are requesting the document from their archives and that if they produce I will have to repay the debt in full, or they may take me to court.

I am taking these as scare tactics, however I am willing to cross that bridge if it gets to it.

themaestro

Hi NID, please help if you can.

I'm sorting all my debts out and CCA'ing them but.........
Lowell are chasing me for £962 for a HBOS debt, which i think is the Halifax. Now i had a student account with an overdraft and a credit card with them but i'm unsure which this is for, or if they've combined the 2. Do i CCA them and see or explain the situation to them? I also have the same problem with Equidebt who are chasing me for £1772 - that's Natwest but i also had a bank account and credit card with them?

never-in-doubt

themaestro wrote: »

Hi NID, please help if you can.

I'm sorting all my debts out and CCA'ing them but.........
Lowell are chasing me for £962 for a HBOS debt, which i think is the Halifax. Now i had a student account with an overdraft and a credit card with them but i'm unsure which this is for, or if they've combined the 2. Do i CCA them and see or explain the situation to them? I also have the same problem with Equidebt who are chasing me for £1772 - that's Natwest but i also had a bank account and credit card with them?

Hiya

If they pool the debt together and they don't have an agreement then the lot becomes unenforceable, but you'll find the OC will buy it back from the DCA and then split the values again, however there should still be a default for each entry on the CRA's - i.e. not one default for the balance of Bank + Credit card but 2 entries, one for the bank account and one for the CC.

But yea, send a CCA request - usually bank accounts are exempt but if they have pooled the total then fine! Obviously use the reference they provided you or the credit card details - not the bank account number (as technically they will decline the CCA request for a bank account).

So send this letter with £1: 1. CCA Request

never-in-doubt

AndyLGR wrote: »

I applied for my CCA to a Barclaycard that is held by a DCA (Lowells). They replied recently to say they are trying to track it down and it may take longer than 14 days to get back me.

They sent me another letter today to say that Barclaycard are requesting the document from their archives and that if they produce I will have to repay the debt in full, or they may take me to court.

I am taking these as scare tactics, however I am willing to cross that bridge if it gets to it.

They are simply saying that once they 'prove' that the debt is enforceable you'll be liable to pay - that's not up for dispute lol, if they provide the original then great - at least you can put closure to it and agree a repayment schedule.

If, however they do not locate it - they will write back saying they still deem it to be owing and will commence collection activities, great - let them try - they can never obtain judgement so not really a big deal.

I doubt they will provide the original now, unless their archives are that good - they never used to be!

never-in-doubt

Farmer_jones wrote: »

Hello NID , all

I sent a CCA request to Robinson Way regarding an Abbey BANK account I once had. After much tooing & frowing, Robinson Way are now saying that BANK account's don't have a CCA. Therefore (say Robinson Way) I am not entitled to a copy of the CCA, and I should cough up immediately.

The total amount is £2,000 but its £2,000 Abbey ripped me off for.

I have written and tried the letters approach, and they are getting quite rabid, asking at my home, do I work, attachment of earnings etc etc, all on the phone.

Any advice please, as I am now at the point where I just don't want to pay these F*****S anything because of their atitude.

Thanks

FJ

Bank accounts are CCA exempt - Robinson are, unfortunately, correct as bank accounts do not conform to CCA1974.

Sorry but you need to sort out a repayment plan with them, but if it is owed due to unlawful charges or something else complaint related then you should contact Abbey again and spell everything out and give them one last chance to sort it before you report to the FOS which is the last resort really.

If it was unfair charges or similar, then see here: Bank Charges Reclaiming: Get £1000s back even after Supreme Court ...

never-in-doubt

St0lli wrote: »

Thanks NID... so if their solicitors start chasing me again do I just send them a copy of the 'this is indispute' letter that I've already sent them? Can I tell them my file is closed as well?? lol:rotfl:

If anyone contacts you then you simply ignore them or send a quick letter stating that you've requested sight of the original agreement to determine the legality and enforceability of the alleged debt.

As the lender has failed on numerous occasions to supply a copy of the original then the account is in dispute and is unenforceable and will remain so until such time the lender complies with your lawful s.78 request.

Then remind them of my signature, i.e.

Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act.

never-in-doubt

scarednshakin wrote: »

Does that mean it is enforceable? The old terms and conditions that they sent out still have an address on them that we did not move to until nearly a year after we took the card out, we and they had no knowledge of the address at the time we applied for the card.

Thanks as always for your help :beer: SNS

So they have copied the agreement then, yea?

You should send back a letter similar to this but amend the bullets to show why you say it is a forgery and also edit the parts not relevant where i'm quoting their reply to Dojo Jo Jo....

(be brave and go for it lol) : #1476

You'll just love that letter :rotfl: :rotfl:


edit - i've since done a version that can be used as a template - see this one here: #2500