Unenforceability & Template Letters II

never-in-doubt

Beeincontrol wrote: »

Sorry, its a bit vague, right I had the CCa back, and it does state all the things that he mentions, But my signature is in a box, no one has counter signed it, it hasnt been witnessed. I thought lack of counter sig and in box was Uninforceable,:o

It should have their sig, yes?

Post a new thread and if possible scan the CCA in so we can check it for you yea? The court stuff, is that for a CCJ?

coffeedog

HI NID,

Ok, in my own little world as usual! My reply was to you to say i want to go ahead with this. I am aware they will default me but figure it would be a good thing in the long run as it will drop off after 6 years. I won't be able to afford a mortgage until then anyhow!

I will just leave things until I swap bank accounts. I'm onto it right now.

I have lots of other debt, about £45000 including this one so if I could stop paying this due to unenforceability, it would help me out a lot .

Yep, the bank is natwest - hopefully A & L aren't part of this group. Fingers crossed.

The only thing i'm worried about is that I won't have changed accounts by the time the next payment is due, as they will automatically take it even if i cancel the standing order I guess and i don't want to be seen as having acknowledged the debt by paying it. Or is that just me again?:rotfl:

Just to say, thank you so much for your help i would be in a state if you weren't helping me:beer:

never-in-doubt

coffeedog wrote: »

HI NID,

Ok, in my own little world as usual! My reply was to you to say i want to go ahead with this. I am aware they will default me but figure it would be a good thing in the long run as it will drop off after 6 years. I won't be able to afford a mortgage until then anyhow!

I will just leave things until I swap bank accounts. I'm onto it right now.

I have lots of other debt, about £45000 including this one so if I could stop paying this due to unenforceability, it would help me out a lot .

Yep, the bank is natwest - hopefully A & L aren't part of this group. Fingers crossed.

The only thing i'm worried about is that I won't have changed accounts by the time the next payment is due, as they will automatically take it even if i cancel the standing order I guess and i don't want to be seen as having acknowledged the debt by paying it. Or is that just me again?:rotfl:

Just to say, thank you so much for your help i would be in a state if you weren't helping me:beer:

Hiya - thanks for clearing things up (and compliments)......

A&L are nothing to do with Natwest lol (I knew it was them!) so you'll be fine.... if you have other debts it may be worth CCAing them too (not right now, wait til after Judgement in January though)...... so long as prior to April 07 you're fine to apply for CCA....

You won't be acknowedging anything - but don't worry about that, it only changes things by 1 month anyway!

Good Luck & remember to visit here and add a comment! #840

coffeedog

Thanks,, have CCA'd the ones pre-april 2007. cahoot was ok, and then these two natwest ones. One down, one to go

Beeincontrol

Omgd :eek: I cant do a new thread out there they will rip me to shreds, I just read it. Ignaramious people:rotfl:

fermi

New thread is here Beeincontrol :

Court claim issued & creditor claims CCA is valid.

cejsmith

I made a SAR on Barclaycard a few weeks ago, I finally got something in the post on 2 of the cards, but it was only about 5 years statements. Do you think thats all they are going to send me ( one of the cards has been going 26 years!!!). What should I do next???

leemuddywaters

never-in-doubt wrote: »

They send you court papers mate - its official and you'll know about it! But don't worry, if they have not replied to your offer send it again with a copy of the last one mate.....

Cheers NID, when a CCJ is issued is it just basically a letter with a court date, or are there warning letters prior to this?

Hobbit_2

Hi NID
It's been a while - work gets in the way, especially when they steal 12.5% of your salary and you have to hit ludicrous targets just to earn the same as before...but that's another rant!
The latest letters:
Frederickson (Egg) - keep referring me back to Egg - sent a 'passing the buck' request over a month ago and heard nothing.
AIC (Amex) - sent 1 sided photocopy of '60 second application form' signed by me back in 2004, but with no signature from them, no credit amount, no t&cs, no repayment structure etc.
Moorcroft (B'card) - received 'intended litigation' letter threatening attachment of earnings, bailiffs, charging order etc after Bcard sent 3 page letter outlining why I should accept their blank Barclaycard Conditions they sent in response to CCA request which has my name and address added to top of form but no mention of my alleged account, amounts etc. They say debt is legally due and payable, not in dispute therefore sent on to Moorcroft.
Calder (Skycard) - taken over from Mercers - not heard from anyone!
Debitas (Cap1) - never replied but Cap1 sent letter with name and address on, current t&cs on back and 'copy of your agreement' form with no personal details
Experto (MBNA) - sent blank copy of agreement with name/address typed on and card no. handwritten across top, with computer generated tick in box to establish and verify authenticity and integrity of non-existent signature.
Redcats (La Redoute) - have admitted they have no signed agreement and have not even bothered to send a blank, but say that this doesn't matter and they are going to register a default with CRAs and pass over to DCAs.

Anyway - sorry for the long post, but nothing happened for a while, then they all decided to make my Xmas, I guess! Your advice, as always, much appreciated!

ps anyone else hear the 'customer' of BA on radio furious at having her hol to Mauritius cancelled by a bunch of people who 'in this climate, should be glad they have a job at all' - makes you proud, eh?

:mad::p

cejsmith

I found this and thought people here might be interested.