Unenforceability & Template Letters II

never-in-doubt

arkm12 wrote: »

my defaults go from 2005 to 2007 i have been making regular payments to all of my debts for some time most are with dca i actually paid wescott for the natwest credit card 3 weeks ago but last week allied international got in touch and demanded full payment so by paying wescott for so long i have already admited it havnt i ? sorry new to all this legal stuff

Ok, but that just means it won't become statute barred - but the default drops off after 6 years regardless and cannot be added again

Send the CCA Request off and stop payments, if you dare to of course - only you can decide this....

never-in-doubt

vicky12 wrote: »

Hi Never In Doubt....
Could you please have a read of the following letter I have recieved from Barclaycard today and let me know what you think etc.
They origionally sent me a photocopy of one of their blank terms and conditions forms as a response to my origional cca request.

Its a standard reply, not aimed at you.... read back a few pages and you'll see the exact same letter (near enough) and my reply to it... basically you send the letter from page 1 - here (send the red one):

16. Various CCA Query Letter 'Variations'
Variations of CCA Queries, i.e.
- CCA Dispute - Illegible Copy Document Supplied;
- CCA Dispute - Terms & Conditions Supplied;
- CCA Dispute - Copy Document Supplied;

vicky12

Thanks NID. Your a top man !!

never-in-doubt

vicky12 wrote: »

Thanks NID. Your a top man !!

Yep, I know that - thanks though

lol just kidding.... if you need any help just give us a shout, or PM if it is private. Good Luck!

Wispa1

never-in-doubt wrote: »

Its unlikely they have sent a compliant agreement, i.e. the prescribed terms or something will be wrong... especially with a storecard! However it would be ebst to send the dispute letter to them yes, see what they respond with (does no harm)...

Same process for all cards...

Sorry - bimbo brains here again. Would that be the dispute letter from step 4 or #18? Thanks again :A

captainhaggis

never-in-doubt wrote: »

Yep, I know that - thanks though

And so modest.... :money:

never-in-doubt

Wispa1 wrote: »

Sorry - bimbo brains here again. Would that be the dispute letter from step 4 or #18? Thanks again :A

4. CCA Dispute

ricardovich

captainhaggis wrote: »

And so modest.... :money:

Top Man...Top Man....not him, his dress sense!!:rotfl:

Dojo_Jo_Jo

Hi N-I-D,

Apologies for the typo in my previous post calling you N-I-B!:o Although you are pretty sharp and to the point!!!!!! Did I get away with that?????

Couple of questions.

Hubby has had a BOS Reflex account for about 10 years. It was sold as the best of both worlds, a bank account with credit facilities. These facilities were in the form of a cheques rather than a credit card. The account operates in exactly the same way as a cc account i.e. credit limit etc.

For the past four years when he has not been able to pay by dd I have had terrible diff paying over the phone as they do not acknowledge the account number on their own statement. Eventually a manager gets involved and has to get a clerk who understands the old computer system to help as these accounts stopped being sold about 7 years ago.

I have recently noticed that on correspondence they refer to the account as a Personal Loan. Do you think they are playing silly !!!!!!s?:rolleyes:

A few weeks ago APex acting on BOS behalf for this account wanted to agree a fixed payment from him, he gave authority for them to talk to me about the account and I agreed to pay £200 a month for 3 years. THEN I FOUND THIS FORUM!

So I included them on the list for a CCA request and we are now at letter 2 (CCA reminder) stage.

QUESTION 1
Can I assume that the same process applies now with this account, whatever they refer to it as (personal loan or otherwise)? Plus my husband did not give permission for me to act on his behalf re an agreement only for them to talk to me about the account. Does this make any difference to the process we follow?

QUESTION 2
Second question, I have a loan with Barclay Loans, does the same CCA route apply to this too?

Ta very much!

never-in-doubt

Dojo_Jo_Jo wrote: »

Hi N-I-D,

Apologies for the typo in my previous post calling you N-I-B!:o Although you are pretty sharp and to the point!!!!!! Did I get away with that?????

Dojo_Jo_Jo wrote: »

I have recently noticed that on correspondence they refer to the account as a Personal Loan. Do you think they are playing silly !!!!!!s?:rolleyes:

Yep - it isn't a fixed term contract is it, I assumed it would be revolving credit (i.e. like a credit card)...?

Dojo_Jo_Jo wrote: »

QUESTION 1
Can I assume that the same process applies now with this account, whatever they refer to it as (personal loan or otherwise)? Plus my husband did not give permission for me to act on his behalf re an agreement only for them to talk to me about the account. Does this make any difference to the process we follow?

Just follow the same CCA process from page 1. You should get hubby to sign something saying he authorises you to deal with the account - or just send it on his behalf and get him to sign?

Dojo_Jo_Jo wrote: »

QUESTION 2
Second question, I have a loan with Barclay Loans, does the same CCA route apply to this too? Ta very much!

Yep exactly the same.