Unenforceability & Template Letters II

never-in-doubt

C2K wrote: »

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.

Hiya

Can you repeat yourself? Co-Op threatened you with a what? :rotfl::rotfl::rotfl:

Ermm, ok Next time ask them to send it special delivery to speed up the process and see their reaction! Chuffin muppets! They aint got a clue, its astonishing :rolleyes:

Right some facts, they are talking !!!!!!. Don't worry. They don't have a clue. Oh, did I mention they are talking !!!!!!?

Seriously, how much is the debt? When did you last pay? What have you done to date (i.e. what letters have you sent, if any?) Have you been defaulted? Are you bothered about being defaulted?

Don't be worrying, and whatever you do DO NOT speak to them again! If they ring just say 'please write to me' and do not let them speak, then hang up.

I'll await your reply before offering advice as unsure of your background.....

never-in-doubt

Flower567 wrote: »

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!

All you do is send 1. CCA Request to MBNA (with £1) and see what they send back - probably junk mail but hey - give them a chance! Regards to default etc - see above posts of mine and decide if you're happy with a default cos to play the game you do have to cease paying at some point, with me usually after a month lol :D

never-in-doubt

I'll be back tomorrow morning.... :D:D:D

Flower567

never-in-doubt wrote: »

All you do is send to MBNA (with £1) and see what they send back - probably junk mail but hey - give them a chance! Regards to default etc - see above posts of mine and decide if you're happy with a default cos to play the game you do have to cease paying at some point, with me usually after a month lol :D

Thanks NID - I will send the letter tomorrow via recorded delivery. Sorry to ask another 'simple' question but what do you mean when you say that they will probably send junk - if this is the case do we send the second letter? I just need to have it clear in my head what I need to do!

Also, not to sound like a broken record but does anybody have an address for MBNA - there is nothing on her statements.

captainhaggis

never-in-doubt wrote: »

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

:rotfl::rotfl::rotfl:

Right, I, I think I get ya! So the CCA they sent me isn't enforceable becuase it didn't contain the T&Cs for the account as these were provided seperately? I'm I even warm?!!

Thanks champ!

captainhaggis

Flower567 wrote: »

Thanks NID - I will send the letter tomorrow via recorded delivery. Sorry to ask another 'simple' question but what do you mean when you say that they will probably send junk - if this is the case do we send the second letter? I just need to have it clear in my head what I need to do!

Also, not to sound like a broken record but does anybody have an address for MBNA - there is nothing on her statements.

I've been using the one from their statments. PO Box 1004 or something like that. Hang on and I'll get the address for you.....

< leaves the sofa he's been sitting on for about 7 hours straight because he's on call at work and cannot leave the room >

MBNA Europe Bank
PO Box 1004
Chester Business Park
Chester
CH4 9WW

Also, I wouldn't worry about getting things tooooooo clear at this stage in terms of processes. Send off letter one, wait for MBNA to come back to you, then you come back to us (specifically NID) for info on where to go next.

captainhaggis

Flower567 wrote: »

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!

Hiya,

Yeah - where I am with MBNA at the moment is that I sent the first letter asking for a copy of my CCA. I did this about three weeks after negotiating a Full & Final with them. I have the money to pay them the agreed amount but I'm not prepared to pay them in return for a partial settlement. I want full and final.

Anyway, they somewhat surprisingly sent me what looks like a pretty good copy of my CCA. Signed by both the bank and myself. All the prescribed terms are in tact.

HOWEVER, they've trimmed off a lot of the document at the top of the page - they've only sent me a half-A4 sheet copied on to a full-A4 page. I suspect this is becuase the rest of that page refers to my OLD Mastercard account which they changed in to this new Amex account.

By trimming that info away they probably hoped they'd avoid reminding me that the details they've sent me don't refer to the account in question at all.

Goodtimesahead

I got a reply to my SAR from Lloyds in part of their reply they mentioned the following:-

"Unfortunately, we have not yet been able to locate a copy of your signed agreement. We can assure you that before we opened your credit card account we would have required sight of a signed agreement. If you take this matter further, we are confident in our ability to be able to prove this"

"Copies of Default and Enforcement notices are not saved by customer name so we are unable to provide copies under a Data Subject Access Request"

All they sent with the letter was 6 yrs of credit card statements!

CRA's are showing a default in 2008

From the above two paragraphs can any reply as to what I should do next and what letter I should send back, is there a standard letter to reply you don't get any CCA or default notice etc back?

captainhaggis

Goodtimesahead wrote: »

I got a reply to my SAR from Lloyds in part of their reply they mentioned the following:-

"Unfortunately, we have not yet been able to locate a copy of your signed agreement. We can assure you that before we opened your credit card account we would have required sight of a signed agreement. If you take this matter further, we are confident in our ability to be able to prove this"

"Copies of Default and Enforcement notices are not saved by customer name so we are unable to provide copies under a Data Subject Access Request"

All they sent with the letter was 6 yrs of credit card statements!

CRA's are showing a default in 2008

From the above two paragraphs can any reply as to what I should do next and what letter I should send back, is there a standard letter to reply you don't get any CCA or default notice etc back?

Send them the default letter telling them that you with withold payments and expect not to be contacted by them until such time as they can provide what you've asked - and paid - for.

From NID on page one :

4. CCA Dispute
This is the letter you send if the CCA has not arrived, usually 30 days after the CCA Reminder letter was sent.

C2K_2

never-in-doubt wrote: »

Hiya

Can you repeat yourself? Co-Op threatened you with a what? :rotfl::rotfl::rotfl:

Ermm, ok Next time ask them to send it special delivery to speed up the process and see their reaction! Chuffin muppets! They aint got a clue, its astonishing :rolleyes:

Right some facts, they are talking !!!!!!. Don't worry. They don't have a clue. Oh, did I mention they are talking !!!!!!?

Seriously, how much is the debt? When did you last pay? What have you done to date (i.e. what letters have you sent, if any?) Have you been defaulted? Are you bothered about being defaulted?

Don't be worrying, and whatever you do DO NOT speak to them again! If they ring just say 'please write to me' and do not let them speak, then hang up.

I'll await your reply before offering advice as unsure of your background.....

Thank you for your reply NiD, here's my story:

Current outstanding balance: £8400

12/08 - started missing payments.
04/09 - OC instructed a solicitor firm to serve me a bankruptcy petition, the hearing was scheduled on 05/06/09.
05/09 - the hearing was off when OC accepted an offer of reduced payment at £50 for 6 months.
26/10/09 - CCA request made.
05/11/09 - OC Debt Management Dept sent me a letter that a monthly contractual payment will resume as the temporary arrangement is expired.
09/11/09 - copy of CCA received, although the prescribed terms is presented, but
12/11/09 - dispute letter to OC on the ground of legibility issue.
13/11/09 - letter to the OC Debt Management Dept that the account is in legal dispute, no further payments will be made until the dispute is resolved.
24/11/09 - received a phone call from OC ignoring my claim that the account is still in dispute and threatening to take the same legal action against me if I refused to pay.

I have not missed a single payment since the account was put on a temporary arrangement. Apart from the payment late status shown no default has been registered as yet.

Since the OC did take legal action before, I have a good reason to worry that they will do it again!

So, your further advice is really appreciated. Thank you.