Unenforceability & Template Letters II

terimon

Sorry for posting miserable drunk ramblings. Good luck to all

impetus

terimon wrote: »

Sorry for posting miserable drunk ramblings. Good luck to all

I have done it many times myself so no need for apologies. You need a bit of PMA as Northstar would say....Positive Mental Attitude.

I am sure things will get sorted, nothing is ever insurmountable. Good luck with it all! :beer:

cejsmith

I've just sent a SAR to barclaycard and I've worked out across my 4 accounts with them they are going to have to send me around 60 ( credit card) years worth of info. I just wonder how big the box will be and if I will be able to find the agreements!!!!

Hobbit_2

terimon wrote: »

Sorry for posting miserable drunk ramblings. Good luck to all

I think there's a lot of us who feel the same, mate - never apologise for being human, it's what keeps us above the dimwits we're all fighting! I hope things improve for you soon - just keep following the advice from NID and know that we're all behind you!;)

Hobbit_2

Hey NID
Thanks for your advice the other week! I've had a reply from the dreaded Crappy1 with a copy of the 'current terms' of the agreement. It has name, address, card no. and credit limit on it but no date (so I presume was just printed out for my request) and no signatures etc. The covering letter says it is the original and that 'personal details, signature box, signature and date of signature have been omitted' as allowed under Reg 3 of the CCR1983. If I understand your previous advice to others correctly, they will have to provide a copy of the original with signatures (theirs and mine) in order to deem it enforceable? Interestingly, they say personal details ommitted and then put name/address etc at top of the page??! Is my next step to send No.4 CCA Dispute?

ps you're quite right, we don't hit the thanks button often enough!! Will make a point of doing this - tend to get a bit wrapped up in the reading..you know..can't multi-task...

pps got a letter from a DCA regarding what I think is a Skycard - but they sold out to Barclaycrd and the card number seems to have changed to one I have never had as the account was defunct when they sold out. Any suggestions? At the moment I have simply requested a CCA based on my not recognising the account.

terimon

Thanks everyone.Have a bit of a hangover but feel a bit better this morning! :j

terimon

telephone: **** *** ****

Dear Mr ******

NatWest Credit Account Number: ****************
Current Balance: £12,729.79
Credit Limit £12,500.00
Arrears: £554.00

ACCOUNT TERMINATION

---

A default Notice was recently served against you. As the amount requested in the Default Notice has not been received, your account has been terminated.

We now require full payment of the outstanding debt within 14 days of the date of this letter. If you do not comply, or fail to submit proposals for repayment that are satisfactory to us, your account will be passed to our Debt Recovery Office. In addition, we may exercise our right of set off over any of your funds held elsewhere with us.

As your account has now been terminated, and if you have not already done so, please return your card(s) to this office cut in two. Renewal cards will not be issued.

If you have any recurring transactions (e.g. internet subscription or breakdown cover) that are paid with this account, you should cance these with the relevant retailer(s).

Interest will continue to accrue on the debt until repaid in full.

In accordance with Republic of Ireland legislation, we are obliged to collect Stamp Duty. Therefore, if you reside in Eire, this will appear on the next statement of account.

If you are covered by Payment Protection, this insurance has now been terminated. However, this will not affect any claim already notified or any incident occuring prior to the date of this letter that results in a valid claim.

If you are registered to collect NatWest YourPoints, these will no longer be allocated to you and you will not be able to redeem any points you have previously earned, as you have breached the terms and conditions. Your account will be reported to the Credit Reference Agencies as a Default if repayment proposals acceptable to us have not been made within 28 days of the date of this letter. If this becomes necessary, your name will remain registered for six years. If your account is fully repaid within this time, your file will be amended to show the debt as satisfied.

Yours Sincerely,
* ******

terimon

Received that letter above this morning NID

Thanks once again.

The last two letters i received from NatWest regarding my CCA request were as follows just to remind you

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I sent off a CCA to NatWest for a CC i have had for 13 years but cant afford to pay now. They replied by wanting a signature which i refused and sent the follow up letter

Today i received a letter from (including the return of my postal order) saying:

I write with reference to your recent request under section 78(1) to supply copies of the original agreement set out under the Consumer Credit Act.

We regret to advise that the agreement has been misfiled and despite searching our records we have been unable to locate it. Regrettably we are unable to comply with your request made under section 78(1) of the CCA and return your £1 you paid. Notwithstanding this the agreement remains valid, and we expect you to continue to meet your obligations under the agreement. We should point out that if you do not resume making payments we will report the default to the Credit Reference Agencies.

Section 78(6) 'Unenforceable' omly prevents us from pursuing recovery of the debt through the courts.

I trust this clarifies the matter for you.

Yours sincerely

---

I write with reference to your recent request under section 78 (1) to supply copies of the original agreement set out under the Consumer Credit Act.

We appreciate that under s.78(6) of the Consumer Credit Act if you decide not to meet your obligations under the card agreement as they fall due we will be unable to take steps to enforce repayment of the card debt by court action. Nevertheless, we expect you to meet your obligations under the agreement, bearing in mind that the agreement isn't void, and remains valid albeit unenforceable.

We do not dispute that the agreement is currently not enforceable so we see no need for any threatened action to obtain a court declaration to that effect.

For the avoidance of doubt and as previously advised if you do not make the card repayments as they fall due we will report your default to the Credit Reference Agencies.

-The information Commissioner Office have considered the circumstances in which credit reference agencies should be permitted to record details of unenforceable credit agreements.

-The ICO has expressed the view that where a credit agreement clearly existed and credit has been provided to the debtor and notwithstanding that it may not fulfil all the requirements of the CCA and as a consequence, the agreement is unenforceable, it is appropriate for information about the agreement, including any failure by the debtor to repay his or her debt, to be recorded with the credit reference agencies. A factor in the view expressed is that responsible lending decisions are dependant upon lenders receiving accurate information about individuals' ability (and/or inclination) to repay their debts.

This is our final response in the matter.If you are dissatisfied with this final response, you may refer your concern to the Financial Ombudsman Service. I can assure you that we will co-operate fully with any investigation they may undertake. If you decide to take this course of action, you must do so no later than six months from the date of this letter.

The enclosed leaflet, produced by the Financial Ombudsman Service, gives you more details about what thet do and how you can contact them.

Yours sincerely

terimon

What do you reckon my next step is please NID

Thanks

terimon

Had a few too many tonight. Got a no on a job (my first job interview ever and i am 36) i thought i should easily get and to be honest could do blindfolded tonight. So i am very upset.



By the way i have worked all my life i have mostly worked for myself though. I dont want you all to think that because it was my first interview ever that i have been a lazy so and so all my life!