Unenforceability & Template Letters II

never-in-doubt

Wispa1 wrote: »

Hi Nid - please can you help with the following. I sent a CCA to Natwest on 16/11/09 & they sent me an illegible copy of my credit card app form. Along with this they sent a conditions of use, a Credit Card Agreement regulated by the CCA sheet of paper and a statement of my account. I then wrote to them on 4/12/09 & sent the "illegible copy sent letter".
They have just responded to the "illegible letter" by saying "when responding to request under S78 we are compliant if we provide a true copy of the agreement in accordance to regs 3(2) & 7 (1)(b) of the consumer credit regs 1983" etc etc." They then go on to say "We have supplied a copy of the credit agreement that you agreed to ......(and continues exactly what is in your previous notes above). "I must therefore inform you that we see no reason to enter into further correspondance with you about alleged CCA breaches & if not satisfied with this response then to seek whatever legal redress you consider is open to you" . " I suggest you contact the Citizens advice bureau or other similar organisation if you continue to doubt the veracity of what we have told you about our having complied with our obligation under s78(1).

I am not sure of what to do now and how to respond. The credit card was taken out in Sept 1998. A default has already been added to the account & the account is with there "triton services" which is the collection arm of Natwest. My next payment is due to go out on 1/12/10.

with many thanks for all your help

They do not have your CCA! Natwest always do that! Ok, have you got any other defaults etc? i.e. is this your only account?

Why are you paying them, also why are they saying next payment is due december next year? Or have you mistyped the date?

You cannot pay them when doing unenforceability!

Just ignore it for now, we need to await the outome in January of the 12 test cases - (Sorry to sound off but i've said this about 50 times in the last 2 days - do people even read my posts or just look for what they want to see?)

It is pointless threatening anyone right now cos no lender will do much until the judgement is issued in January!

Ok, so we're clear yea? You sit and wait and whatever you do - DO NOT PAY THEM!

Please confirm when you last paid and when the real next payment is due, obviously not next December lol :rotfl:

Wispa1

Sorry - I mistyped, the next payment is due 1/1/2010. I last paid them on 1/11/09. Was not planning to pay them again anyway. I have got other accounts that have had defaults registered on so my credit history is down the pan for the next 6 years anyway. Any help you can give is greatly appreciated however I will now sit tight & wait until January. Thanks for clearing it up for me. :o

Numpty_Monkey

never-in-doubt wrote: »

Is everyone on strike til after the judgement? It's so very quiet here lately

You keep putting on good clear easy to understand posts people read them and don't really need to ask:T:T:T:T:A:A:A:A:A:beer::beer::beer::beer:

never-in-doubt

in_a_spot_of_bother wrote: »

I've never written on a forum and I don't know if I am writing in the correct place but I hope I might be able to get some advice.

Hiya,

This isn't the right thread for this but I can answer your questions, however you won't like what i'm about to say - i'll tell you that up front

Right, the first issue of the card and not notifying them of the change of address, that in itself is a breach of the terms but forgetting that you are always liable to pay the bill, regardless of whether a physical statement has been posted out. Therefore unfortunately there is nothing you can do - legally or otherwise.

The bank have acted accordingly. I assume the debit balance outstanding is for the amount used and 5 payments of £12 late fee? If that is the case then the worse that will happen is your credit file will show the late payment entries (looks like: 5-4-3-2-1-0-0-0-0-0-0-0 etc etc) - does that make sense?

Now, the problem you have is that you need to get rid of these 'late payment' entries which will mean waiting - nothing you can do, sorry! The best advice is to pay the whole lot now in one go thus meaning your credit file will show the following: 0-5-4-3-2-1-0-0-0-0-0-0-0 etc so you see the first entry clearly shows you're now back up to date (the '0').... the more 0's you get the better it will look. As long as your last entry had a number (be it 5,4,3,2 or 1) then no1 would accept you for a card as it suggests you're late with repaying this one - which, technically you were.

However, if it was hubbies card why is that affecting you obtaining credit? I would assume there is something else, have you updated the electoral register to show you're living at the new address and does this correctly link to the old address? If not, then forget credit - you need to be on the electoral register.

So, to summarise:

1. Pay the balance and use the account properly to get more '0's - whatever you do don't close the Natwest card or it looks like you got into debt and they closed it - keep it open and use it properly for a while!

2. Forget reclaiming charges - the most it will be is £60 and its a small price to pay really

3. Check the electoral register (on your credit file) and see you're both showing up there

Hope that helps, sorry it isn't better news but that is the way it is i'm afraid!

Good luck - easy to sort out and even easier to forget about, once paid you'll be fine.

never-in-doubt

Wispa1 wrote: »

Sorry - I mistyped, the next payment is due 1/1/2010. I last paid them on 1/11/09. Was not planning to pay them again anyway. I have got other accounts that have had defaults registered on so my credit history is down the pan for the next 6 years anyway. Any help you can give is greatly appreciated however I will now sit tight & wait until January. Thanks for clearing it up for me. :o

Hiya

Thats fine then - obviously stop paying and if they hassle you then post again and i'll sort it for you

I will post something on here (plus it will be big news) when the judgement has been issued. Don't worry, you won't miss it

never-in-doubt

Numpty_Monkey wrote: »

You keep putting on good clear easy to understand posts people read them and don't really need to ask

Aaaaw thanks mate How's your battle coming along, or are you waiting patiently for the judgement? I can't wait, we simply cannot lose or they will have to rewrite the CCA which will never happen...... BUT, that said, I know that some judges are to$$ers so sit with baited breath.......

Numpty_Monkey

Not battleing yet ,
both account(s) on hold
cheeky gits sent the letter in reply to the 12+2 letter quoteing both accounts on the same letter
saves on postage I guess:rolleyes:
I guess I just wait till the 30 days are up after I sent the first request and send part something or other

Pressers

Hi again NID! You were kind enough to help me a couple of weeks ago. I tried to attach this post as a reply to that but it won't accept it and I' sure you won't remember my original post as you get so many.
I've been keeping a close eye on the forum whilst waiting for our own situation to develop and I'm totally amazed how much time and effort you and some others are willing to put into helping total strangers with their problems. I'm also amazed at how many other people there are with horrendous debt problems like us, most of whom have been pushed into an intolerable situation through no fault of their own. Anyway, we do now have a development and I'm unsure how to proceed - despite trawling carefully through the thread. I'm just paranoid about making a mistake!
I sent off the initial CCA request letter to all of our creditors on 2nd dec. Included in that trawl were 3 letters for 3 separate debts to Mercers who are handling the Barclaycard debts. None of the £1 cheques to them have been cashed but we received a letter from Barclaycard dated 8 Dec saying "under section 78 we must supply you with ... etc etc... Please note a copy of your current Barclaycard Credit Agreement will be sent under separate cover." The next day we receive a 2nd letter enclosing a photocopy of the 1992 Barclaycard terms & conditions. Nothing else. So, do I now send Template no. 3 or Template no. 4? Prior to us sending out CCA requests, we received 3 letters from Mercers relating to each debt stating that a default notice has been served. Because we had already received these notices before I sent out the CCA requests does that mean we have no case to persue and that we may as well face up to IVA or bankruptcy? We ceased all payments a while ago. So sorry to be so repetitive NID but my head is spinning and my husband and myself are at our wits end. Hope you can clarify things for me! Many thanks, Pressers.

geordie2k9

never-in-doubt wrote: »

Hiya

From here right? #806

Just bear with them, allow another couple of weeks and see what they say....

Good Evening N-I-D,

Sorry to bother you again with this. I have given them a few more weeks to reply to me and still no joy. Ive checked my Call Credit file this morning and the default is still there so they haven't actioned anything, I would be really really grateful if you help me as to what the next step would be to try and get them to remove this?

Again thanks in advance for your help.

DeBilde

never-in-doubt wrote: »

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





Ok, send the following:



Ok, send the following:



Ok, send the following:



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:



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)...



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 -

Thanks NID.

The Argos account is on a payment plan with them.

The other 4 accounts are about to miss their 2nd payment, I am getting called from all 4 non stop, should I just ignore them or maybe set up a DMP until the CCA situation is clarified?

My Credit File is already trashed with 24 late or missed payments in the last year, so I am prepared not to pay if the CCA request is not met.

A few questions I have are as follows:

If I cease payments after 30 days when no valid CCA has been provided, what happens in the future if they do find my original request later on?

Also if the did take me to court without providing the CCA what is the likely outcome, are they guarenteed to lose?

Thanks