Unenforceability & Template Letters II

never-in-doubt

fermi wrote: »

Amazing how ill informed people can be over this.

Very sad.

I know, i've already told woody in another thread to wind his neck in as he doesn't have a clue! Yea there have been a few weird cases lately but to be fair each has its own merits and cannot be grouped together - the 12 test cases that are to follow will, IMO, change things cos then there will be a precedents set. However we shall see (I am still going on the fact the consumer should win this!)

See here for similar: http://forums.moneysavingexpert.com/showthread.html?t=2100817&highlight=

Beeincontrol

Just a update on last week, this was my , post,



sent the letter to Egg, Havent heard a thing off them, but have recived a letter from Trevor Munn Solicitors it goes like this;

balance: £4,746.14
On the instruction of our client ARC ( Europe) ltd ( acting on behalf of Egg Banking) documentation will now be prepared for the issue of a claim against you in the Northampton County Court, for recovery of the above debt.
we have been instructed to prepare a county court claim in Ten days from the date of this letter unless we receive either payment in full or a substantial payment and a firm commitment to clear the remaining balance.
If the claim is issued and the Debt still remains unpaid, Egg Banking plc wil then seek to obtain judgment against you, which will then be registered as a County Court judgement. This information will also be registered with the credit reference agencies and it will remain registered for 6 years, even if the judgement amount is paid. This may seriously affect yor ability to obtain credit in the future.
To avoid this action send a payment TODAY, made payable to ARC (Europe)ltd and quating your ref non ****** on the reverse. Alternstively call ARC, directly NOW on their legal helpline *** and ask for the Litigation Manager, Daniel Ryan.
your faithfully

***************************************************

I sent copys of the letters that I had sent Egg and sent the copy I had sent ARC the( DCA )to TREVOR MUNN, heard nothing from him, but ARC sent me ,a reply saying the following;

we are writing in response to your recent correspondence.
In order for our client to provide you with a copy of your agreement, would you please send them a cheque for £1.00 being the fee allowed under the credit consumer act with your information request to the following address;
Data Request Team
Egg, Pride Park Riverside Road Derby DE99 3GG
please find attached your cheque for £1.00.
Upon recipt of the same, they shall supply you with the appropriate data within the period of 12 working days.
Please note that the recipt of the request will not in itself delay our Client prior instructions to seek payment of the debt from you.

yours sincerely


I sent ARC the first letter with the cheque of a £1.00, well they have returned it.
I have these trying to get a payment and the solicitor trevor munn threatning me with court, but I have heard nothing off him.
Could I be advised on what move do I do next.

never-in-doubt

Send it to the address quoted and ignore the others for the time being. They cannot do anything whilst it is in dispute....

Data Request Team
Egg
Pride Park
Riverside Road
Derby
DE99 3GG

Send a copy of the CCA request to ARC and put a cover note with it saying,

I strongly suggest you back off and give me time to deal with this disputed account. Need I remind you that it is unlawful to pursue a debt that is not clear, whether I am the debtor or not.

Therefore until such time as I get a reply from Egg I am hereby ceasing all communication with you. I hope to see you in court whereby any judgement would be set-aside with further litigation aimed at you, as a result of your incompetence.

Beeincontrol

As not to confuse ,
this is reguarding my Marbles account
On the 16/11/09 I sent a copy of the 3 rd letter as advised to HFC bank.
I then sent copy's of all letters sent to Marbles including a photocopy of the CCA to RESTONS solicitors. This is what they sent me back.

thank you for your correspondance
you state the copy credit agreement does not contain the prescribed terms.
This is not correct,
All the prescribed Terms as required by the statutory instrument you quote, are contained at page 5, Ie intrest rates, how you as a customer are required to make payments and the credit limit, (the bank is entitled to express the credit limit in the way it has) The agreement is therefore not un-enforcable as you suggest and is no reason why our Client should "write the Debt off"

****
Know I dont understand much about banking, but i know by law, when taking out any credit agreement it has to be counter signed by law,
All intrest rates must show, Which they do.
But it has my Sig in a box, which I thought has to be a line, plus there is no credit limit on there.
Sorry to use up half the room here, but I have another one again,:o

Beeincontrol

never-in-doubt wrote: »

Send it to the address quoted and ignore the others for the time being. They cannot do anything whilst it is in dispute....

Data Request Team
Egg
Pride Park
Riverside Road
Derby
DE99 3GG

Send a copy of the CCA request to ARC and put a cover note with it saying,

Thank you, will do.:A

Beeincontrol

This is another Bramer, I was out all day yesterday, my other half was home, Knock on door, he opens it, and who is standing there, but another muppett, He asked for me by name, ( bearing in mind I warned him in doors about what could be lurking out there so was coached on what to say:rotfl:)
HIm in doors asked who's asking, I'm Barclaycard muppett said, you havent a appointment he replied so your tresspasing, get OFF my property, its harrasment he told him :rotfl:, the bloke stood there very bemused and replied how can it be harrassment its the first time i have knocked on you door, can you tell me when she be home,:D:rotfl: him in doors was getting rattled, didnt you hear get off my property you havent been invited to call here so get lost.:rotfl:
Job Done.

Popped out this morning, came home to a locked door, him in doors had all windows open, what the hell are you doing I asked he said he was listning out for any cars pulling up, he is a bag of nerves and its not even his debt:rotfl:

No this is partly my fault, I have so many to deal with and had a terrible year with family situations, so now I am buckling down to this again,

Barclays have sent one CCA on both normal Barclaycard and the platinum, which was Goldfish by the way, they have no Signature on it.:D
but I did have a friend help me with these letters back in May I can not remember what happened after I recived the CCa. I'm not much help sorry But at least I had a laugh last night with him in doors:rotfl:

Scouse19

never-in-doubt wrote: »

Well kind of but you tell me, if you're the CRA and someone hits you with a libel claim, would you risk is opening the floodgates (as unenforceability has) therefore inundating them with claims to remove defaults? From experience (well 50 experiences) they do on occassion remove them and as I say in the letter preface, it's worth a try - nothing ventured - nothing lost

It has and always be down to personal circumstances i'm afraid..... BUT, if you owe £10k or whatever and the only harm done is a default, i'm sure this would satisfy most people rather than repaying it so unenforceability is still very strong and worth considering, albeit you will have a default

I suppose your right, just trying to clear things up...I personally am not too bothered, I have a default already so the CRA stuff is pretty irrelevant to me but I thought I would ask anyway

Cheers as always NID

rog2

Your profile tells me that you are reading this thread - I hope so.

I have tried to reply to your pm, but your profile tells me that you have opted NOT to receive pms.

Please check and re pm me.

Thanks

Beeincontrol

I am back again, I have got 2 letters ready, I for Egg and 1 for ARC,thanks for your help with these.:A
Right I have been looking at my Barclaycard CCA they sent me, and no signature of mine near it its even a very poor photocopy, do I send them back the third letter,
and the debt oon both cards has been sold on to Mercers, and the person who knocked on my door yesterday was from ScotCall on Behalf of Mercers, so I will send these the doorstep letter along with the same letter you advised me to send ARC, will that be the right thing to do, I hope you can make sense of all this.:o

ricardovich

never-in-doubt wrote: »

Ignore them - they are hard to get removed but they will go after 6 years. How long have they been there? Its not the same process with a CCJ - they go to court and get it issued unlike a default. :rolleyes:


You're now enlightened!

The CCJ's were issued on 07/07/2006, 10/07/2006 and 14/02/2006 - do i really just ignore them??

You are full of enlightenment - Obi NID Kinobe:rotfl: