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Unenforceability & Template Letters II

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  • putty71 wrote: »
    HI NID

    I have sene various posts about the upcoming bank test cases and after having sent several letters off requesting CCAs, I am now worried that they may screw me! More worried because I really do not understand this, but having seen the other posts about agreed payments and interest now being added again, I suspect they will do the same to me if I stop paying.
    Am I right in thinking that if say B Card cannot give me an enforceable agreement, they will confirm this and I wont have to pay the debt off after 6 years it is written off and my slate so to speak is clean if I then want credit?
    I apologise if this has been asked before, but is there a no nonense post on here that will explain this to the thickies like me who struggle? ps - not really thick, only when it comes to money matters!

    Cheers


    Hiya

    Exactly as you say. The process is quite simple; in Laymans terms as follows:

    Option 1 - Enforceable:

    1. You request a CCA
    2. They respond - you check it for unenforceability
    3. It is enforceable as the prescribed terms are intact
    4. You continue to pay at agreed rate or just disappear and take that risk. If you pay they may not default you but it will show as A/P (arrangement to pay) which is just as bad! A default lasts for 6 years.

    Option 1 - Unenforceable:
    1. You request a CCA
    2. They respond - you check it for unenforceability
    3. It isn't as the prescribed terms are not intact (for example)
    4. You then cease paying and send CCA query letter - it is unenforceable until such time they send an original photocopy of the agreement
    5. You cease paying
    6. They can (and usually will) add a default
    7. 6 years later (or 6 years since date of last payment for statute barred) the default will drop off and your credit file will be clean.

    Make sense? :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Hiya

    Don't worry about it, just let them get on with it and see what they say..... it could be that they know they don't/won't get it so are just returning payment pending unenforceability ;)

    Who knows (at this stage) - just sit tight and see what happens next lol :D

    Cheers NID Dude:beer:
  • Hi NID, just got reply from Cap One re the letter we sent out on 31 October.

    ‘Thank you for writing back to me about your request for us to provide you with a true copy of your credit agreement.

    We provided you with a copy of your current agreement on 15 June 2009. Further to this, we sent a copy of your original agreement on 27 October 2009. As permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983 your personal details, signature box, signature and date of signature were omitted from the copy provided. However, for the sake of completeness we also sent you a copy of the scanned signature page of your original agreement signed by both you and Capital One.

    I have enclosed copied of the letters and documentation sent to your for your information.

    To that end, I am confident we have fully complied with Section 78 of the Consumer Credit Act 1974 and that you clearly have a valid and enforceable credit agreement with Capital One, as evidenced by these documents and any claim to the contrary will be strongly defended.

    To answer your query regarding the charges on your account, I can confirm that our charges have varied in the past in line with the Office of Fair Trading. Therefore, it is possible that the amount of the charges is different on the agreement to that advised on your statements.

    You have asked us top consider your letter as a statutory notice under section 10 of the Data Protection Act, to cease processing any data in relation to your account. I can inform you that you are not entitled to serve a notice under section 10 of the Data Protection Act for the following reasons:

    - Capital One informed you when you applied for your credit card and in the terms of your agreement how your data would be processed and you gave consented to the processing of your data by signing your credit card agreement;

    - The processing of your data is necessary to enable Capital One to perform its obligations under your credit agreement; and

    - - The processing is necessary for the legitimate interests of Capital One and the credit reference agencies and fraud prevention to which it is disclosed and is not likely to prejudice your legitimate rights; freedoms or interests.

    The Information Commissioner has confirmed that it is appropriate for lenders to share information about customer’s accounts with the credit reference agencies. Also, that it is appropriate for the credit reference agencies to retain this date for six years after the account was last active.

    Therefore, your notice is entirely unjustified and inappropriate and as a result, Capital One is unable to comply with your notice.

    In short, the information we have recorded with the credit reference agencies is an accurate reflection of the way you have managed your account, therefore we will not be asking the credit reference agencies to remove this information.

    Your account remains defaulted and the balance currently due and payable is £xxxx

    It is important that you maintain payments as your account balance consists of transactions that you have made.

    As I mentioned in my previous letter, you now have the option of contacting the Financial Ombudsman. Although we have provided you with their contact details, it is our understanding that the Financial Ombudsman Service may choose to not consider your case as issues regarding the enforceability of a CCA would be better considered by a court. I must now inform you that any further contact we receive from you on this subject will be acknowledged but we will not enter into any further correspondence.

    They never sent anything to us on 27 Oct, the last letter from them was one dated 7 Oct, which was the one we replied to, with lots of help from you. Have never seen a copy of any agreement with any signatures on it. So do I just leave this? Thanks again for all your help SNS
    :idea: Had lbm, switched it off too many times. Now am trying to sort my life out :T:T

    :T Proud Supporter of Niddy :T
  • Hi NID
    Hope you can help!! I have been reading this forum for some time now & have sent of my CCA letters to Blair Oliver & Scott, Fredricksons & Wescot.

    So I am ignoring Fredricksons as they are now in default and am no longer paying them, however they clearly do not have a CCA so can I request my money back that I have already paid them?

    Wescot replied by sending me a copy of a loan agreement rather than the Overdraft agreement that it was relating to, where do I stand with this as they also sent it with the wrong name on (ok it was my name but my previous married name)

    B O S have sent through 1 loan agreement with the signature on so hey ho I'll have to fess up and pay that one, but the other one has no signature, where do I stand with that?

    Sorry if these issues have been brought up before, but there is loads to take in!!

    Thanks in advance

    x
  • Hi NID
    Hope you can help!! I have been reading this forum for some time now & have sent of my CCA letters to Blair Oliver & Scott, Fredricksons & Wescot.

    Good move - keep us updated with developments :D
    So I am ignoring Fredricksons as they are now in default and am no longer paying them, however they clearly do not have a CCA so can I request my money back that I have already paid them?

    No! Cheeky so and so lol.... you cannot get a refund :rotfl::rotfl:
    Wescot replied by sending me a copy of a loan agreement rather than the Overdraft agreement that it was relating to, where do I stand with this as they also sent it with the wrong name on (ok it was my name but my previous married name)

    Go to page 1 and send the following letter (edit it to suit): 3. CCA Query
    B O S have sent through 1 loan agreement with the signature on so hey ho I'll have to fess up and pay that one, but the other one has no signature, where do I stand with that?

    Send the same letter as above.... :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Thanks muchly!!
    Will keep you posted x x x
  • putty71
    putty71 Posts: 252 Forumite
    Hiya

    Exactly as you say. The process is quite simple; in Laymans terms as follows:

    Option 1 - Enforceable:
    1. You request a CCA
    2. They respond - you check it for unenforceability
    3. It is enforceable as the prescribed terms are intact
    4. You continue to pay at agreed rate or just disappear and take that risk. If you pay they may not default you but it will show as A/P (arrangement to pay) which is just as bad! A default lasts for 6 years.

    Option 1 - Unenforceable:
    1. You request a CCA
    2. They respond - you check it for unenforceability
    3. It isn't as the prescribed terms are not intact (for example)
    4. You then cease paying and send CCA query letter - it is unenforceable until such time they send an original photocopy of the agreement
    5. You cease paying
    6. They can (and usually will) add a default
    7. 6 years later (or 6 years since date of last payment for statute barred) the default will drop off and your credit file will be clean.

    Make sense? :D


    NID

    That is a big help thanks. Just two more questions-

    1) Can you elaborate on the meaning 'prescribed terms'?
    2) After 6 years do they have any way of getting their money back?

    Cheers
  • 1) Can you elaborate on the meaning 'prescribed terms'? Page 1 mate - they are listed there (post 1)

    2) After 6 years do they have any way of getting their money back?
    Nope - its dead and buried (either statute barred ir default has expired) :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Pressers
    Pressers Posts: 11 Forumite
    Help please! Truly amazing advice in this thread but as a newbie I'm a little confused.
    We are currently being chased for CC debt by two companies - Mercers and Newman & Company. My question is - do we send the CCA request letter to the credit card companies or to Mercers and Newman? Or both?
    Would really appreciate any help/advice as we are at the end of our tether with letters and phone calls - up to 15 per day!
    Many thanks.
  • Hi N.I.D,

    Just received this from B'card. Had a quick look at the templates, not sure what to do next? They claim that they will not reply to any further letters without a legal case made. HELP :confused:

    http://s878.photobucket.com/albums/ab344/DojoJoJo/?action=view&current=CopyofBarc2ndResponsetoLetter2.jpg

    http://s878.photobucket.com/albums/ab344/DojoJoJo/?action=view&current=CopyofBarc2ndResponsetoLetter22.jpg

    http://s878.photobucket.com/albums/ab344/DojoJoJo/?action=view&current=CopyofBarc2ndResponsetoLetter23.jpg

    Is there a template for this one? Or can you suggest a cut and paste job of an existing one?

    Thanks everso
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