Unenforceability & Template Letters II

putty71

Hi Never

I know you told me to chill until the court case, but I am worried about Amex. They sent my account to a DCA, however around the same time I requested from them a CCA. I heard nothing. I received a letter from the DCA, but simply emailed a letter back to them advising that I had requested a CCA from amex and so far I have heard nothing from either. The cca letter was dated 18 nov 09 and the dca letter that i emailed was sent the 22 nov 09.
As I said bit worried all is quiet so do I send the second letter to amex? I know you have said the dca cannot turn up on my doorstep but just feel worried that they may try this trick near xmas?
Help
Thanks



I meant to add that I had requested previously to pay a lower amount to amex but as the letters crossed they cancelled the account and in the letter to the dca I requested a copy of their letter of assignmnet from amex

never-in-doubt

You need to wait - I really don't mean to sound off but i'm getting bored repeating myself. Why are you worrying? has anything happened? If so what, why didnt you tell me? If not, then why worry?

If it makes you feel better i'll advise you to pay them and do whatever you want to hear - but if you want to win then follow what i'm saying and wait.

Sorry for rant but surely you see my frustration?

putty71

never-in-doubt wrote: »

You need to wait - I really don't mean to sound off but i'm getting bored repeating myself. Why are you worrying? has anything happened? If so what, why didnt you tell me? If not, then why worry?

If it makes you feel better i'll advise you to pay them and do whatever you want to hear - but if you want to win then follow what i'm saying and wait.

Sorry for rant but surely you see my frustration?

point taken!!!!!!!

never-in-doubt

putty71 wrote: »

point taken!!!!!!!

Don't be like that lol - but I can only say it so many times, there is nothing to do now until they respond or until mid January - even if they respond i'll suggest waiting for the judgement.

We need to hear this judgement - I sooooo hope it is in our favour and not taken out of context by an amateurish judge with nothing better to do than have a pop at the poor! :mad:

Goodtimesahead

Evening NID,

I have received no reply from MBNA for over 30 days since I sent them a CCA Query letter (Terms & conditions supplied), which would be the next letter to send please? Thanks

never-in-doubt

Goodtimesahead wrote: »

Evening NID,

I have received no reply from MBNA for over 30 days since I sent them a CCA Query letter (Terms & conditions supplied), which would be the next letter to send please? Thanks

You won't mate - they are involved in the test cases - wait til mid January and just leave it for the time being until we hear the judgement.

Letters will be stockpiled right now, we are all awaiting the same thing mate

Goodtimesahead

never-in-doubt wrote: »

You won't mate - they are involved in the test cases - wait til mid January and just leave it for the time being until we hear the judgement.

Letters will be stockpiled right now, we are all awaiting the same thing mate

Lets hope the Judge is not pressurised by the big powers above, I guess there's millions of £££££££££££££'s a at stake here. Hopefully not like the judges in the Bank Charges Case, funny that one, will billions at stake and they went in favour of the Banks!

never-in-doubt

Goodtimesahead wrote: »

Lets hope the Judge is not pressurised by the big powers above, I guess there's millions of £££££££££££££'s a at stake here. Hopefully not like the judges in the Bank Charges Case, funny that one, will billions at stake and they went in favour of the Banks!

LOL, mate don't be confused about the banks result - that was actually a consumer victory but people are only just coming to terms with that - the banks actually lost that, they just don't quite know it yet

Watch this space

Regards to the test cases, it is different cos they are trying to outline and prove specific elements of the CCA - for us (us being the consumer) to lose would mean the CCA would become unreliable and non laful thus require rewriting. Way too much at stake for the consumer to lose.

I am keeping an open mind cos right enough, some judges are !!!!!! without a clue :rolleyes:

hughiemack

Hi NID. Thx for all the templates. New to this. Sent letters off to 3 credit card companies. Did not send letters recorded delivery... eekk. Is this an issue in terms of proof that letter was sent. One company has sent agreement docs, 2 have not responded and 14 days have lapsed. Should I resend the 1st letter recorded delivery to the 2 companies that have not responded?

jamie07971

I have a loan account with RBS which is unenforceable. They will not allow me to close my current account as I have this unenforeable loan with them. Any ideas what I can do to ensure they close my current account?

This is thier response:

I note from your e-mail that you feel your loan is unenforceable as we have been unable to locate a copy of your loan agreement, however upon checking our records I have established that this matter has been raised with us on previous occasions.

We have advised you on more than one occasion that despite our failure to provide you with a copy of your loan agreement the loan is still valid and that the agreed monthly repayments need to be made. We have made you aware that we can enforce the repayment of the loan and instruct the Bank's recovery team to obtain the monies owed.

Our position remains unchanged on this matter therefore we will not look to close your account are monies are owed on a RBS loan account.