Unenforceability & Template Letters II

never-in-doubt

captainhaggis wrote: »

But I thought it did. Well, atleast the document I was given to sign - IIRC - was printed over five or six pages. Those up on Photobucket. The first pages contained Key Financial Information showing the loan amount and a breakdown of the APR, actual interest rate, amount of credit, period of repayments and the amount of those repayment.

Should they have given more more to set this out differently?

Mate, thought we'd sorted yours out? What are we on about now exactly? Am confused lol (doesn't take much!)

Flower567

Hello

Sorry just another quick question - I have prepared the letter requesting a copy of the agreement however, I note that the advice on here is not to sign the letter in order that they dont cut and past the signature.

I have just got a cheque from my Mum, obviously she has had to sign this - could they not lift the signature from the cheque. Have never got a Postal Order before - do you have to sign these. I was thinking that maybe I could send the cheque from my account and hence my signature and not my Mums - would they accept this. Sorry if this has been covered before.

never-in-doubt

benadabec wrote: »

Hello from a newbie

Some very interesting reading going through these threads. I have a query of similar circumstance.
Rather than sending the letters myself, I have used a claims management company (wish I had found these forums earlier!). They have requested the original copies of agreements on my behalf, and a recent update from them informed me that two out of my six credit card accounts are unenforceable - one has the prescribed terms missing, another cannot locate the agreements. The other companies are delaying sending the correct paperwork in an effort to ignore the situation and extract as much money from me as possible (apparently they are allowed to request a delay a certain amount of times before being forced to respond). The claims management company has stated they need to give the CC companies a 'reasonable amount of time' to find the paperwork, so if it goes to court they have not rushed the legals of the process and this is favourable in the eyes of the courts. This procedure though is an awfully long one, and I am now struggling to meet my minimum payments every month.
My question is am I able to inform the CC companies that my accounts are in dispute and am able to halt payments until the outcome or am I better off paying what I can? The advise from the management company was to pay a nominal amount every month until the situation is resolved, but looking on here it seems I may be eligible to send a dispute letter?

I look forward to some advice from some very well informed posters!

Thanks in advance

Hiya

Dump the claims company - these are scammers with no idea and they will rip you off time and time again! Then come here, start at post 1 and send a CCA request yourself, to each creditor and when they do not reply in 14 days you stop paying them.

They are already in default to you, therefore your so called claims management [STRIKE]con[/STRIKE] - sorry company, should know this and should have already issued s.10 cease & desist/account in dispute letters to each of those delaying.

They have no right to a delay - the law stipulates that they have 12+2 days before entering default status. Therefore you ought to cease paying (unless they are secured or you are worried about default etc)....

Do you need me to ring your claims management [STRIKE]con[/STRIKE] company to tell them their job: :rotfl: :rotfl:

never-in-doubt

Flower567 wrote: »

Hello

Sorry just another quick question - I have prepared the letter requesting a copy of the agreement however, I note that the advice on here is not to sign the letter in order that they dont cut and past the signature.

I have just got a cheque from my Mum, obviously she has had to sign this - could they not lift the signature from the cheque. Have never got a Postal Order before - do you have to sign these. I was thinking that maybe I could send the cheque from my account and hence my signature and not my Mums - would they accept this. Sorry if this has been covered before.

They don't lift signatures for fun - they would not lift your mums so send the cheque and just print your name on the letter - do not sign, and do it using different writing to normal - in fact ask your mum to write your name! lol

ricardovich

Flower567 wrote: »

Hello

Sorry just another quick question - I have prepared the letter requesting a copy of the agreement however, I note that the advice on here is not to sign the letter in order that they dont cut and past the signature.

I have just got a cheque from my Mum, obviously she has had to sign this - could they not lift the signature from the cheque. Have never got a Postal Order before - do you have to sign these. I was thinking that maybe I could send the cheque from my account and hence my signature and not my Mums - would they accept this. Sorry if this has been covered before.

Hey Flower

I'm sure the experts will get back to you on this but just to let you know when I sent my letters out I sent them a £1 cash Postal Order. You buy them at a Post Office counter - you have to pay cash for them and they cost £1.50! The Postal Order is blank (apart from the £1 value) and thus doesn't need a name of who you are paying nor any signature from you. Remember to send your letter registered and keep your receipts and check for proof of delivery.

It seems to be working at my end:D

Hope this helps - good luck.

Wispa1

never-in-doubt wrote: »

If they have just send an application form then you'd send the following:

16. Various CCA Query Letter 'Variations'

- CCA Dispute - Terms & Conditions Supplied;

You would then change the parts that quote T&C's to 'Application Form'.

Hi NID,

Just to clarify please, they have sent my original application form which is one of the ones I filled in store that is titled "An application to open a BHS Gold Account - A Credit Agreement regulated by the CCA 1974". Dated 5/8/98. It has been signed by both myself and the sales assistant. Do you think this is enforceable? The other one they have sent me is for Mothercare, which is pretty much on the sme lines but dated 13/6/04. Would it still be the above letter I send. Sorry if I am asking silly questions - I think I am just being a bit of a bimbo on the prescribed terms front. Thanks for all your help

ricardovich

never-in-doubt wrote: »

Hiya

Ok, what you need to do is wait (first things first) until you get back the CCA's - then check with your CRA and then send another to the remainder of your creditors.

At the end of it you should have 1 x CCA per creditor. It is up to them to pass it to the rightful owner if it has been sold on etc. If there are more than one default for a debt then one must be removed (1 default per debt).

Basically its simple filing and paper management - just tally up all the accounts and write to the debt owner. If you cannot get any joy then you simply cease payments.

Does that make sense? You need to get a list of who you owe and who owns each debt.... then we can go forward (make sure there are no duplicated accounts showing)

Okey Dokey Nidey :A

So, I'll continue down the schedule with the letters I have already sent to the DCA's and I'll send the "What the blazes is this default??" letters to the others that appear on my credit report.

Is that all good??

Mwah :kisses:

C2K_2

never-in-doubt wrote: »

Hiya

Without wanting to give wrong advice, due to the potential b/r, i'd suggest you have a mooch here as this may be more help to you:

If you get stuck, i'd send a PM to 42man who is part of the site team (and good with these)

Hi NiD

Thank you for your direction. Please can you spare a little time to check my CCA for its enforceability and legibility? Thank again.


h t t p://i694.photobucket.com/albums/vv305/chi2k/th_CoopBank-CreditAgreementp1tobeup-1.jpg

h t t p://i694.photobucket.com/albums/vv305/chi2k/th_CoopBank-CreditAgreementp2tobeuploa.jpg

arkm12

hi im a newbie so bear with me if i go on. was paying wescott for my natwest credit card which they have just past it to allied international they told me that i couldnt make monthly payments i either paid in full (they did take off 200 pounds lol )or pay over 3 months of £500 i told them i couldnt do it and they were quite nasty about it so i have sent them this morning a cca request letter but now im wondering have i done the right thing i have been defaulted by natwest c/c in nov 2005. i also have other debts defaulted do i send letters to them as well. (all taken out between 2000 and 2004)

arkm12

sorry forgot to add i asked them to send letters and not phone so i have records of the the options they give me and to quote that they will not accept fortnightly or monthly payments from me and they said they are a phoning only company and dont send letters is this right