Unenforceability & Template Letters II

putty71

never-in-doubt wrote: »

As I keep saying right now it would be best to wait until the new year for the judgement of the 12 test cases cos all lenders will delay things until this time.

Stop stressing, take 3 weeks off and come back to it later mate. When the law is clearer you'll know more about next-steps. Yes they are late in responding, they always are. Just wait til the new year and see if anything turns up

Basically you need to enjoy your christmas and forget these for the time being - well, that's what i'd be doing mate

Okay never, so just keep pursuing my claims and forget the cca's for now- I take it as some have responded I do not need to respond straight away?

Also the test case, what exactly is this going to prove and when is it? Is it likely that the credit providers may win and we end up with the situation like bank charges and the banks winning?

never-in-doubt

putty71 wrote: »

Okay never, so just keep pursuing my claims and forget the cca's for now- I take it as some have responded I do not need to respond straight away?

Also the test case, what exactly is this going to prove and when is it? Is it likely that the credit providers may win and we end up with the situation like bank charges and the banks winning?

Hiya

Let me look at this tomorrow mate - not in the right frame of mind right now. Will update thread and your original post in morning matey

smifff_2

putty71 wrote: »

Hi Smiff

I have been looking for ways to post my repsonses on here- what exactly is photobucket?

Hi, photobucket is a site that allows you to upload images you can then post the links anywhere you want for anyone to see them.
I can't post a link on the forum but I'll pm you a link.

never-in-doubt

smifff wrote: »

Hi, photobucket is a site that allows you to upload images you can then post the links anywhere you want for anyone to see them.
I can't post a link on the forum but I'll pm you a link.

I prefer Imageshack as no registration required: http://imageshack.us/

But photobucket is here: http://photobucket.com/

never-in-doubt

DeBilde wrote: »

Hi Nid,

I have been reading this forum for a while so I decided to fire the CCA request off to my 4 Credit Cards and 1 Store Card.

Hiya - sorry for delay (wasn't in mood for using my brain yesterday lol)....

DeBilde wrote: »

MBNA - No reply. I am 1 payment late on this account

Ok, send the following: 2. CCA Reminder

DeBilde wrote: »

B'Card - A standard reply with TC's from 1999 and a new set of TC's but not prescribed terms on either (Signatures, Account Number, Name or Address all missing) 1 payment late

Ok, send the following: 3. CCA Query

DeBilde wrote: »

B'Card (formerly Sky Card) - No reply. 1 payment late

Ok, send the following: 2. CCA Reminder

DeBilde wrote: »

B'Card (formerly Morgan Stanley) - A standard reply with TC's from Morgan Stanley Account and a new set of TC's but not prescribed terms on either (Signatures, Account Number, Name or Address all missing) 1 payment late.

Ok, send the following: 3. CCA Query

DeBilde wrote: »

Argos - No reply. 2 payments late. On a DMP now.

You're on a DMP with Argos only? Why only Argos and not the rest? Is it an official DMP or a payment plan agreement direct with Argos? Please clarify.... Regards to the CCA - send the following: 2. CCA Reminder

DeBilde wrote: »

I currently have my current account with Barclays but I am in the process of opening an account with Co-Op.

Yes - as 3 of your credit cards are with Barclays the last thing you want to do is bank with them or they will start dipping into your bank account - RoSO (Right of Set-Off)...

DeBilde wrote: »

What is your advice with regards to next steps. Your advice is much appreciated.

You realise that missing payments etc will affect your credit file? Ultimately, you will have to cease repayments (at some point) unless they start complying with your requests - are you prepared to do this and risk the defaults, i.e. no credit for 6 years?

So long as you're aware of the risks -

never-in-doubt

putty71 wrote: »

Okay never, so just keep pursuing my claims and forget the cca's for now- I take it as some have responded I do not need to respond straight away?

Also the test case, what exactly is this going to prove and when is it? Is it likely that the credit providers may win and we end up with the situation like bank charges and the banks winning?

Hiya

Ok, as you have PPI / Charges claims going through you should wait until these are sorted before proceeding with CCA queries. It is leverage if you need it..... However, with X-Mas etc drawing near it is unlikely you can do much now in 2009 so best to sit back and see what develops over the next 3-4 weeks.

By then you should get a response back regards to charges etc - we can then look at each case individually once the reclaim is sorted and by then (hopefully) the judgement will have been passed......

Regards to the judgement, this will involve 12 'test cases' and unlike the bank charges fiasco (which has gone in our favour - despite what people think right now) it is not based around the fairness of charges but more the Consumer Credit Act.

We hear the test cases will look into various aspects such as the correct actions to be taken when a lender receives a CCA request, or what constitutes a true copy, when will a debt become unenforceable, can they puruse an unenforceable debt - if so - what are the limits, can a default be registered

These are the things we hope the test cases will look at. It is entirely different to the bank charges reclaim judgement and that case will have no bearing on the credit card 12 test cases.

Hope that clears things up for you - will update the moment I hear anything else (so will others of course)

putty71

never-in-doubt wrote: »

Hiya

Ok, as you have PPI / Charges claims going through you should wait until these are sorted before proceeding with CCA queries. It is leverage if you need it..... However, with X-Mas etc drawing near it is unlikely you can do much now in 2009 so best to sit back and see what develops over the next 3-4 weeks.

By then you should get a response back regards to charges etc - we can then look at each case individually once the reclaim is sorted and by then (hopefully) the judgement will have been passed......

Regards to the judgement, this will involve 12 'test cases' and unlike the bank charges fiasco (which has gone in our favour - despite what people think right now) it is not based around the fairness of charges but more the Consumer Credit Act.

We hear the test cases will look into various aspects such as the correct actions to be taken when a lender receives a CCA request, or what constitutes a true copy, when will a debt become unenforceable, can they puruse an unenforceable debt - if so - what are the limits, can a default be registered

These are the things we hope the test cases will look at. It is entirely different to the bank charges reclaim judgement and that case will have no bearing on the credit card 12 test cases.

Hope that clears things up for you - will update the moment I hear anything else (so will others of course)

Thanks for that Never.

I did mean to add that Amex have passed my account to a debt agency who wrote to me and in turn I responded by saying my account was in dispute. That was 2-3 weeks ago and I have heard nothing. I assume until I hear more still do nothing? And I am right to think that they cannot just turn up unannounced on my door aren't I?

When you mention leverage, if they cannot produce a valid CCA is it worth offering any reclaim monies (when the time is right), to have the account settled?

One final thing and I have posted it elsewhere- Mint offered me £450 in reclaim charges but won't give me a cheque. I have been told if there is an outstanding balance they don't have to. Is this correct if not I will not pursue further.

Thanks

never-in-doubt

putty71 wrote: »

I did mean to add that Amex have passed my account to a debt agency who wrote to me and in turn I responded by saying my account was in dispute. That was 2-3 weeks ago and I have heard nothing. I assume until I hear more still do nothing? And I am right to think that they cannot just turn up unannounced on my door aren't I?

Mate - they cannot just turn up lol. See this: Dealing with Bailiffs Harassment and if they do turn up, ignore them and send the following letter (as relevant) 13. Bailiffs and Collections

putty71 wrote: »

When you mention leverage, if they cannot produce a valid CCA is it worth offering any reclaim monies (when the time is right), to have the account settled?

That's the plan but would only work if there is overpayment of refund (see below point)

putty71 wrote: »

One final thing and I have posted it elsewhere- Mint offered me £450 in reclaim charges but won't give me a cheque. I have been told if there is an outstanding balance they don't have to. Is this correct if not I will not pursue further.

Thanks

This is correct. All charge reclaims are always paid toward outstanding debt first with any residue paid to you in the form of a cheque. Sorry but they will always pay the account first, which in some cases works out better cos it can clear the account or make it managable to repay....

Make sense matey?

Numpty_Monkey

...(wasn't in mood for using my brain yesterday lol)....
Thats me everyday:rotfl::rotfl:

putty71

never-in-doubt wrote: »

Mate - they cannot just turn up lol. See this: Dealing with Bailiffs Harassment and if they do turn up, ignore them and send the following letter (as relevant) 13. Bailiffs and Collections



That's the plan but would only work if there is overpayment of refund (see below point)



This is correct. All charge reclaims are always paid toward outstanding debt first with any residue paid to you in the form of a cheque. Sorry but they will always pay the account first, which in some cases works out better cos it can clear the account or make it managable to repay....

Make sense matey?

I had hoped you would say I could bargain with them if they did not have a valid cca and offset the charges against the outstanding balance, say thanks and bye to them"!!!

Oh well