Unenforceability & Template Letters II

homeb

Hi, can anyone advise me? I have recently been contacted by a mobile telephone company chasing me for money apparently since 2003, I have no idea how this came about, can they do this?

captainhaggis

homeb wrote: »

Hi, can anyone advise me? I have recently been contacted by a mobile telephone company chasing me for money apparently since 2003, I have no idea how this came about, can they do this?

Do you remember the account or building up the alleged debt?

How long has it been since you last spoke to them or made any payment toward the debt?

You're almost at six years, in which case the debt wuld become statute barred (i.e. it vanishes)

pwally2

Hi there am after some advice. Am currently in a DMP with the CCCS a joint one with my wife. She has a loan with A&L for about 6k take out around 2005. This is part of our DMP. Received a letter today from A&L "Notice of Sums in Arrears".

What surprised me was the balance on the account. It now appears to be high than when we started our DMP. Read thru this thread with interest. Just wondering where we stand requesting a cca whilst on a DMP. Wife also has creditcards thru A&L now MBNA soon to be Santander!!! Could we also request cca's on these too. Just totally peeed off with A&L now!!!

Any advice would be much appreciated.

Thanks in anticipation

C2K_2

Hi NiD

Thank you for your recent advise I have eventually received a copy of Coop credit card credit agreemet, but I send them a dispute letter on the ground of legibility issue. Today I received a phone call from them, they completely ignored my request for a legible copy and threatened me with a bankruptcy order if I refused to pay because they have already fulfilled their obligations by sending me a copy of agreement.

What should I do now and what if they did serve me a court order for bankruptcy proceedings? Your further advice would be most appreciated. Thank you.

Flower567

captainhaggis wrote: »

Hiya Flower

What you're facing is fairly similar to my own problem with MBNA.

When I took my card out with them it was a Vir*in Atla*tic (Vir*in Money) Mastercard. About two years later the card was changed to an American Express card.

This obviously involved an account number change and most likely - I haven't looked in depth yet - a change in T&Cs because Amex seems to operate very differently than other companies.

However, I didn't sign anything new with the new card and, thus, I think my current account with MBNA will have absolutely zero paperwork available to it. The only paperwork they'll have will relate to my old account that no longer exists.

Hi Captain

Thanks for your reply.

Have you sent the letter to MBNA asking for a copy of the agreement - if you dont mind me asking? I am presuming that if they dont have any paperwork then they cant enforce the agreement - do you have an address for MBNA - is that who I write to? Sorry if these questions seem daft but am just new to this and dont want to mess it up!

never-in-doubt

Flower567 wrote: »

Hello

I have been reading this thread with interest and this is my first post.

I was wondering if anybody could help me! I am writing on behalf of my Mum who has found herself in a situation where she has been left with a lot of debt and I am trying my best to help her sort it all out. She has a credit card with MBNA which was taken out in 1995 (originally with Leeds Premium Building Society) which over the years has been transferred to MBNA. I am pretty sure that this could be unenforceable from reading the above posts as she has never signed anything else over these years. About 12 months agon we foolishy got involved with Cartel who took on this case - but have heard absolutely nothing from them and am now thinking I may as well have a go myself (I so wish I had found this site then)

Do I send the first letter to MBNA (even though the card was not originally taken out with them) to request a copy of the agreement also I cant find an address to write to them - I have had a look through all her correspondence and statements and cant find anything. Can anybody provide me with this. At the moment she is still making her monthly payments which is a big struggle - am going to talk to her about stopping this tonight but she is a bit old fashioned that way!

Any help/comments appreciated. Thank you in advance.

Hiya

Yes send the first letter to the debt owner, MBNA. Attach £1 payable to MBNA and send it off and see what they come back with.

1. CCA Request

never-in-doubt

captainhaggis wrote: »

Hi Geezer

Do you mean back then or along with the CCA they sent me (in relation to your question about whether I was sent a booklet with T&C).

If you mean back then, I cannot even begin to remember.... But for arguments' sake, I'll say "no" :rotfl:

If you mean recently and along with the copy CCA they sent me, yes - but I scanned that in, too. It was three or four pages of "current terms and conditions".

Cheers

Read my post again, it was me explaining why yours was unenforceable you divvy! haha

:rotfl::rotfl::rotfl:

never-in-doubt

daz10277 wrote: »

Hi NID

I've just received a copy of my CCA (from the DCA) with HBOS and unfortunately for me, it looks like it complies and is a true copy of the original. It has all the prescribed terms, is legible and even has my signature (not one cut and pasted as I never sent my signature to the DCA). I'm a little gutted as I recall the opinion on these threads was that as this agreement was 9 years old and as it was with HBOS, there was a good chance they couldn't provide it but they have . They haven't however provided a notice of assignment from the previous DCA from whom they took over the debt a few years ago.

I had previously been in a payment plan for many years (no previous court action) until they decided to credit search me and demand payment or court action for no reason.

Whilst I accept they can now go to court for it to be enforced, can I argue they haven't proved they own the debt as they failed to supply the notice of assignment?

What exactly must they provide in addition to the CCA to get a judge to make a CCJ?

How likely is it that a judge will grant a CCJ if I have already been paying under a payment plan regularly for the last 8-9 years?

Any advice would be appreciated.

Thanks

Hiya

is it signed by both you and the bank? Is it all on one document or several pages? If you post it (scan it) i'll find something wrong with it - there is more chance of Jacko being a nursery teacher than HBOS sending a compliant CCA dated 9 years ago!

never-in-doubt

homeb wrote: »

Hi, can anyone advise me? I have recently been contacted by a mobile telephone company chasing me for money apparently since 2003, I have no idea how this came about, can they do this?

Nope, just send the following letter to them and do not admit to anything (act daft) and do not ring them either!:

15. Prove it Letter
You would send this letter to a lender/DCA that requests a debt you know nothing about.

never-in-doubt

pwally2 wrote: »

Hi there am after some advice. Am currently in a DMP with the CCCS a joint one with my wife. She has a loan with A&L for about 6k take out around 2005. This is part of our DMP. Received a letter today from A&L "Notice of Sums in Arrears".

What surprised me was the balance on the account. It now appears to be high than when we started our DMP. Read thru this thread with interest. Just wondering where we stand requesting a cca whilst on a DMP. Wife also has creditcards thru A&L now MBNA soon to be Santander!!! Could we also request cca's on these too. Just totally peeed off with A&L now!!!

Any advice would be much appreciated.

Thanks in anticipation

Hiya

do you have defaults? Are you worried about getting one? If not then by all means send a CCA to each creditor and then when they mess you around (usually after a month) you stop paying. They will default you, you'll tell them to get lost until they send a compliant agreement, they never will and after 6 years all data will go away and you'll be free to start again - not spending a penny in the process

Your choice really? If you decide to go that way, template is here: 1. CCA Request