Unenforceability & Template Letters II

Goodtimesahead

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.

I only SAR'd them and they didn't send anything apart from statements, do I still have to send them the CCA letter with £1 fee or not or just send the default letter you mention on P1? Thanks

captainhaggis

Goodtimesahead wrote: »

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.

I only SAR'd them and they didn't send anything apart from statements, do I still have to send them the CCA letter with £1 fee or not or just send the default letter you mention on P1? Thanks

I assume you sent them a £10 with your SAR? The SAR should mean you get access to EVERYTHING the bank has on you. That, of course, includes your CCA.

So skip the first letter - you've already done that but via an expensive route.

Go right to the dispute one.

And use the "Quote" function ! :D

Goodtimesahead

What is a CPR31.16?
When do you use this and where is the info about this?

Thanks

RoyalBlues

never-in-doubt wrote: »

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

MBNA and my situation..................

I sent the £1 (which was banked) with the initial letter back at the beginning of September. I sent the reminder letter midway through October and I sent the third letter, the Section 10 Default letter over a week ago. All three were sent Recorded Delivery and have been signed for.

To date, I have heard nothing! I am actually amazed, I am honestly starting to wonder if MBNA simply know that the debt is unenforcable or something!

I'm getting daily phone calls from the credit control section but I was expecting that but no written correspondence whatsoever. Btw I have put their number on my mobile's reject list, so I'm not speaking to them.

I'm just gonna sit tight until I get something in writing. Is this right??

Fingers crossed........

captainhaggis

RoyalBlues wrote: »

MBNA and my situation..................

I sent the £1 (which was banked) with the initial letter back at the beginning of September. I sent the reminder letter midway through October and I sent the third letter, the Section 10 Default letter over a week ago. All three were sent Recorded Delivery and have been signed for.

To date, I have heard nothing! I am actually amazed, I am honestly starting to wonder if MBNA simply know that the debt is unenforcable or something!

I'm getting daily phone calls from the credit control section but I was expecting that but no written correspondence whatsoever. Btw I have put their number on my mobile's reject list, so I'm not speaking to them.

I'm just gonna sit tight until I get something in writing. Is this right??

Fingers crossed........

Spot on. And if you get fed up of them calling you there's a letter you can send them telling them to p*ss off until such time as they comply with your request and lift themselves out of the default.

They're not meant to contact you while the account is in default except to provide you with the documentation required to settle it.

I'd answer one of their calls, tell them that the account is in dispute and remind them that they should NOT be calling you. Tell them to put anything and everything they have to say to you IN WRITING and that you won't respond to any other method of communication.

- how do you get a reject list on your mobile and what does it do? I've just got a contact called "DO NOT ANSWER" in mine and I've put all the banks' numbers in there.

captainhaggis

Goodtimesahead wrote: »

What is a CPR31.16?
When do you use this and where is the info about this?

Thanks

Where did you get that?

Goodtimesahead

captainhaggis wrote: »

I assume you sent them a £10 with your SAR? The SAR should mean you get access to EVERYTHING the bank has on you. That, of course, includes your CCA.

So skip the first letter - you've already done that but via an expensive route.

Go right to the dispute one.

And use the "Quote" function ! :D

Ah I see, I'm being a bit slow here:o

Yes I sent them the SAR with £10 and they never replied within the 40 days so I sent them the Letter Before Action and they then finally replied the other day but no CCA or any default notice etc enclosed I just want to send them the correct reply so I can try and get them to remove the default, do I also send to all CRA's the default removal letter yet?

Thank you!

daz10277

never-in-doubt wrote: »

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!

Hiya NID

LOL From what I can see on the CCA, the now deceased Mr Jacko may well be getting a job at my son's nursery :eek: Anyway, I hope you're right about this cos it really does look cosha. It is signed by both and is all on one page (and it's 10 years old - I obviously can't count).

Err, I can't seem to post the image of the CCA via any kind of hyperlink, it says it's because I'm a new user??? What's the best way to get you to see it?

Cheers

captainhaggis

Goodtimesahead wrote: »

Ah I see, I'm being a bit slow here:o

Yes I sent them the SAR with £10 and they never replied within the 40 days so I sent them the Letter Before Action and they then finally replied the other day but no CCA or any default notice etc enclosed I just want to send them the correct reply so I can try and get them to remove the default, do I also send to all CRA's the default removal letter yet?

Thank you!

I've just finished work. I'll be in the bar in 15 minutes and then I'll reply with a beer in my hand. Be right back :beer:

RoyalBlues

captainhaggis wrote: »

Spot on. And if you get fed up of them calling you there's a letter you can send them telling them to p*ss off until such time as they comply with your request and lift themselves out of the default.

They're not meant to contact you while the account is in default except to provide you with the documentation required to settle it.

I'd answer one of their calls, tell them that the account is in dispute and remind them that they should NOT be calling you. Tell them to put anything and everything they have to say to you IN WRITING and that you won't respond to any other method of communication.

- how do you get a reject list on your mobile and what does it do? I've just got a contact called "DO NOT ANSWER" in mine and I've put all the banks' numbers in there.

Thanks for the swift reply, it was the answer I was hoping for

With regard to your 'reject list' query..............on my phone (which isn't the newest model by any stretch) after a call has been missed, click "options" and hopefully "add to reject list" will appear. Good luck