Unenforceability & Template Letters II

never-in-doubt

CW - is the account queried? Yep, so send the CCA Query! lol

Sorry, but that's why I sent you to that template - it is the right one, trust me on that! One of the key prescribed terms is that the form is signed by both the creditor and debtor - is it signed? Thus it is unenforceable because the document does not contain all the prescribed terms, as the CCA Query letter states....

Its pointless questioning everything I advise, there is logic to it - if you don't think it is right then fine, just send a mix and match letter using whatever you find but my way does work, that much i'm sure of.

The same letter I advised you to send in posts 2334 & 2361 should be sent - now that's 3 times i've suggested this......

I seem to recall the same issues last time, you forced me to spell things out for you! I don't have the time to do this, however I will not lead you astray, you do need to start trusting me and forgetting basic logic and look at the bigger picture.

Is a rubber signature relevant? NO! The fact they never signed it is what you go for, the rubber stamp really means nothing at all thus I have never mentioned it. The point is the prescribed terms are NOT intact thus the correct letter for this is a CCA Query.

maz1964

hiya again NID thanks for your quick and helpful reply

i understand what you are saying about CAG and the forum there is brilliant it has been my lifesaver to say the least these past couple of years - ., made a lot of friends there but at times the info is quite heavy and the legal wording has had me in a tizz a few times lol hence my looking at finding my own way to tackle things that i understand at a more basic level to me to start again with and i totally understand your letters and the way you have expressed each problem that has been presented so trying to educate myself more again

but i thought it best to get as much advice as possible and then with knowledge I can make the right decision for me and my family, well that is the method in my madness:rotfl:

not spoken and didnt know about 10past6 so thanks for that i will get in touch more next week, but from memory i defended the normal northampton claim that came without any paperwork, with an embarrased defense, then i did a legal letter request via cpr31.14 was it or the cpr31.16 the one when legal action already taken, got the "supposed" cca back but no default actual copy only a printout of what one would look like hmmmmmmmmmm

the sols then tried via their letter to get me to admit to the claim in full and final and that i would accept a ccj automatically which i naturally declined their offer and expressed my desire to see them in court to show what they had provided was not a fully executed agreement - and not heard nothing since, i feel i need to contact the court to see what stage its at as really unsure (cag has told me to do this btw) which i will do on monday (sent back info via recorded del so they cant say didnt get my reply - wink wink)

hence my requests for our credit files at least i can start with that info and then investigate each creditor at the appropiate stage anyway thats what i thought would be the best way but im open to hearing out other avenues to go down if that would be better for me and my family:j

have a lovely day and off to do the tea but will be back later cheers again maz and thanks for the lovely and warm welcome :T

chinawhite_2

never-in-doubt wrote: »

CW - is the account queried? Yep, so send the CCA Query! lol

Sorry, but that's why I sent you to that template - it is the right one, trust me on that! One of the key prescribed terms is that the form is signed by both the creditor and debtor - is it signed? Thus it is unenforceable because the document does not contain all the prescribed terms, as the CCA Query letter states....

Its pointless questioning everything I advise, there is logic to it - if you don't think it is right then fine, just send a mix and match letter using whatever you find but my way does work, that much i'm sure of.

The same letter I advised you to send in posts 2334 & 2361 should be sent - now that's 3 times i've suggested this......

I seem to recall the same issues last time, you forced me to spell things out for you! I don't have the time to do this, however I will not lead you astray, you do need to start trusting me and forgetting basic logic and look at the bigger picture.

Is a rubber signature relevant? NO! The fact they never signed it is what you go for, the rubber stamp really means nothing at all thus I have never mentioned it. The point is the prescribed terms are NOT intact thus the correct letter for this is a CCA Query.

Hi sorry if you think Im forcing you to spell things out - I can assure you thats not my intention- but, obviously, it is important to me that I understand what Im actually doing (its a bit like checking on the map that your going the right way) rather than blindly following something that I dont have a clear understanding of. I have followed your advice on other CCA's without questioning anything and am extremely grateful for your help but I just couldnt get my head around this one.

Clearly you are very experienced in this field and I am not so its is only natural that I will have questions sometimes. However, I will try and keep these to a minimum in future.

Regards
CW

never-in-doubt

chinawhite wrote: »

Hi sorry if you think Im forcing you to spell things out - I can assure you thats not my intention- but, obviously, it is important to me that I understand what Im actually doing (its a bit like checking on the map that your going the right way) rather than blindly following something that I dont have a clear understanding of. I have followed your advice on other CCA's without questioning anything and am extremely grateful for your help but I just couldnt get my head around this one.

Clearly you are very experienced in this field and I am not so its is only natural that I will have questions sometimes. However, I will try and keep these to a minimum in future.

Regards
CW

Hiya

I know what you're saying but the processes always stay the same, you must follow steps 1-4 (from page 1) and after they have been exhausted then we start with manual letter writing.....

I'm not saying, don't ask me anything lol, but I thought I did say that it needs to be signed..... a rubber stamp doesn't constitute a signature really, does it? They could stamp it whenever they wanted - a signature is a different story.

Ask anything you want, but all i'm asking is not to rip everything apart cos that will complicate things and we're not CAG - we prefer the simplistic approach (if you see what I mean).... :D

Jinx

Hi NID

I have been chipping away at my debts for a while but having reviewed my statements I am very unhappy with Barclaycard/Credit Solutions as they are charging me more interest that I can pay off, so taking inspiration from you and others I am changing tack and have a question about one of the letters.

Background: opened account around 2000/01.
Stopped paying min amounts in Nov 04.
Paid various DCAs since then every month according to my own SOA.
Requested CCA (and stopped payments) recently from Credit Solutions. Received only terms & conditions. (they also included a copy letter from Barclaycard with t&c, stating Credit solutions now own the debt)
Sent terms & conditions letter from page 1. Received back the standard, we've met our required conditions, pay up.
Now ready to send dispute letter, however checking my credit report today, it seems I was only actually defaulted in Jan 09.

The dispute letter mentions that they cannot default on this account, can I just take that line out?? And do you think I have done everything correctly up till now?

Many thanks in advance.... I think you should tell us all who your favourite charity is, because if I sort this out a donation will be made.

Jinx

Northstar68

never-in-doubt wrote: »

What is the issue exactly? Defaults are straight forward, basically the lender can issue one whenever they want so long as there are missed payments on the account - however the DN must give you at least 7 days in which to clear the debt before being awarded.

However, the actual wording for s.87 & s.88 (which is what the DCA's comply to) is found in this letter template here: Default Removal Letter to CRA's

Can you be more specific, alternatively try posting here - in the default removal thread: Invalid Default Notices - Default Removal

Hi, thank you for writing.

Basically the problem is that I only have about 4 days (2 of which are this weekend) in which to cough up £1400.
Back in October, way before the notification of DMP letters were sent out Abbey suddenly sent us a letter saying that our overdraft was being removed and we had until the 1st Dec to pay it back. This was impossible so we called them and then sent a notification of DMP letter mid November, recorded, I had confirmation that it was received by their collections and recoveries department.
Then no news until the first week of Jan 2010, we got a letter dated 24 Dec saying that all charges would be stopped once they hear officially from the CCCS, they also said there is nothing on the system about our notification letter which I sent in Nov.
CCCS insist that all information was sent to Abbey/Santander, they did it 3 times for me from November through to a few weeks ago.
No further news until yesterday the 26th when I get 2 letters from them the same day, different envelopes. One a notice to say that we would get a Default soon and then in the other envelope the Default itself and they want the whole amount paid within 14 days of the date of the letter........so from the 16th to yesterday was 10 days, leaving me 4 days. Not enough.
Also, the balance shows that the payments the CCCS have been sending them have not been applied to the account and the charges for December and January and Feb have made the original balance shoot up now to almost £1500.

So I was just wondering what I could do to get the last 3 months of charges refunded because I feel that is unfair to be penalised like that when we have informed them every step of the way. Also to find out where our 2 payments have gone and who has this money. Also the CCCS said not to worry because Abbey/Santander are changing over or something so it could be that everything is just stuck in the system.

Many thanks again

chinawhite_2

never-in-doubt wrote: »

post 2371
Yes, well you need to get the facts or things can go wrong, that's why I say to people no two cases are the same and to treat each as its own entity as blanket letters are not always suitable....

Hi, this is why when I read through the letter template that I thought it may need changing to suit my circumstances - that is why I asked the question - not to make you spell things out.

Your post 2523

Hiya

I know what you're saying but the processes always stay the same, you must follow steps 1-4 (from page 1) and after they have been exhausted then we start with manual letter writing.....

I'm not saying, don't ask me anything lol, but I thought I did say that it needs to be signed..... a rubber stamp doesn't constitute a signature really, does it? They could stamp it whenever they wanted - a signature is a different story.

Ask anything you want, but all i'm asking is not to rip everything apart cos that will complicate things and we're not CAG - we prefer the simplistic approach (if you see what I mean).... :D

Yes, I know you said that it needs to be signed and I completely understand this, I was merely confirming when I asked a second time because I wasnt sure that I understood - and your first statement above is why I asked the question regarding the letter template, I can assure you I wasnt ripping anything apart, I actually dont have enough knowledge of this subject to do that anyway :eek:. Believe me, the simpler the better for me but as I said, I do need to have at least a little understanding of the process I am following. Your help is obviously invaluable to a lot of people but we are not all experts and so I apologise if my lack of knowledge has caused any problems.

Regards,
CW:)

never-in-doubt

Links:
- CCA Request
- Part 2
- Part 3

never-in-doubt

Links:
- CCA Reminder
- Part 3

never-in-doubt

Links:
- CCA Reminder
- Template 17
- CCA Query
- Template 3.1
- Template 3.2
- Template 3.3
- Part 4