Unenforceability & Template Letters II

Goodtimesahead

Goodtimesahead wrote: »

Excellent, lets hope they lose

I have passed on all your suggestions to my friend and I told him to read these threads to build his knowledge so he's not being led down the garden path by these credit card companies!

He mentioned also that his wife has had a Barclaycard since around 1999/2000 period and he said she may have applied for it online but can't be sure, does this have any bearing on whether the CCA would be enforcable or not? Also maybe they can use the 6 year period that they don't keep records back that far and would not have the original agreement etc etc ?

NID, any comments re the last para? Thanks

never-in-doubt

Some of the features from BT mate! http://www.productsandservices.bt.com/consumerProducts/displayTopic.do?topicId=25504&s_cid=con_FURL_calls_callingfeatures

BT - Choose to refuse (£3.28 per month)

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BT - Anonymous Call Reject (£3.91 per month)

If a caller withholds their number, they will not be able to get through to you. They will only be able to get through if they reveal their number.
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BT - Privacy at Home (£free)

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never-in-doubt

Goodtimesahead wrote: »

He mentioned also that his wife has had a Barclaycard since around 1999/2000 period and he said she may have applied for it online but can't be sure, does this have any bearing on whether the CCA would be enforcable or not? Also maybe they can use the 6 year period that they don't keep records back that far and would not have the original agreement etc etc ?

Online app's usually have provision for a X in the box. But were online app's the thing back then? Are you sure about this?

No bearing on enforceability but as it was back then, and possibly online, it is unlikely Barclays will have the CCA. They struggle to retain them at the best of times.

Have they defaulted her? Is there a blanace owing? When was payment last made?

The above 3 points are necessary before any advice can be given.... ideally ask your mate to join and ask direct, would be easier to ascertain facts matey :beer:

terimon

Kudox wrote: »

Ok, think I'm just having a blonde moment.:rotfl:
Thanks again I'm just a bit nervous about taking the final step and stopping paying so want to check everything first.
Decision making has never been my strong point :rolleyes:
Cheers:beer:

Think we are twins:D

NID convinced me to stop paying. I am still a bit worried but following his advice. Its been brilliant so far

terimon

never-in-doubt wrote: »

Mate come on, lol..... be serious! They tell them to !!!!!! off and hang up!

The best option is to pay BT pennies a month to block restricted numbers (i.e. witheld numbers).... most DCA's don't give their direct dial out so they will not be able to get through,. :rolleyes:

My dad wants to rip in to them but i told him not to

My mum is worried to bits

terimon

never-in-doubt wrote: »

Some of the features from BT mate! http://www.productsandservices.bt.com/consumerProducts/displayTopic.do?topicId=25504&s_cid=con_FURL_calls_callingfeatures

BT - Choose to refuse (£3.28 per month)



BT - Anonymous Call Reject (£3.91 per month)



BT - Privacy at Home (£free)

Thanks for that pal :T

never-in-doubt

terimon wrote: »

Think we are twins:D

NID convinced me to stop paying. I am still a bit worried but following his advice. Its been brilliant so far

The worst that can happen is they default you - whoopee - is that it? lol

Otherwise, nope, nothing left for them to do - I mean nothing, nada, zilch, zero.....

never-in-doubt

terimon wrote: »

My dad wants to rip in to them but i told him not to

My mum is worried to bits

Let him! As you live at their house, he has every right to demand they stop pestering him at his home address on his phone for a debt that evidently isn't his (i.e. i'm sure they will know he aint you if he asks, do I sound like a 20 something kid?).... you know what I mean lol

Bascially, if they ring his phone and he has told them it is not his debt, they are in breach of their licence (OFT guidance). Your dad should remind them of this and tell them he's recording the call and will pass it to OFT and Ofcom as appropriate and then hang up

Remember, when all else fails that Niddy Boy here had over 50 defaults none of which were mine and I fought for years (literally) to clear my name and won against all lenders PLUS the CRA's also had to pay me to shut me up! There is light at the end of the tunnel, and deep down there are laws that have to be adhered to.

Never forget that!

Goodtimesahead

never-in-doubt wrote: »

Online app's usually have provision for a X in the box. But were online app's the thing back then? Are you sure about this?

No bearing on enforceability but as it was back then, and possibly online, it is unlikely Barclays will have the CCA. They struggle to retain them at the best of times.

Have they defaulted her? Is there a blanace owing? When was payment last made?

The above 3 points are necessary before any advice can be given.... ideally ask your mate to join and ask direct, would be easier to ascertain facts matey :beer:

Thanks, I'm only helping out as he's over 60 and not too good with the computer stuff!

As far as I know, all payments are up to date but I guess the debt is too big over 10k and its getting increasingly difficult to make the payments! No defaults and no late payments yet.

Yes I guess online application back then may not be correct unless their son helped them do it at the time but I'm sure the internet was that advanced back then!

Thats all I know.

never-in-doubt

Goodtimesahead wrote: »

Thanks, I'm only helping out as he's over 60 and not too good with the computer stuff!

As far as I know, all payments are up to date but I guess the debt is too big over 10k and its getting increasingly difficult to make the payments! No defaults and no late payments yet.

Yes I guess online application back then may not be correct unless their son helped them do it at the time but I'm sure the internet was that advanced back then!

Thats all I know.

Ok cheers - well if he (sorry for typing she lol) is making payments etc then CCAing them may be a good idea.....

Nothing to lose after all....