Unenforceability & Template Letters II

bankkiller

never-in-doubt wrote: »

Sorry, you misunderstand - your history, i.e. what has happened so far! When did you last pay, is this the only account you're CCAing etc etc - I can't remember your background lol.... so hard to advise what is best without it

Yes they can default you - that is the only downside to this, I don't agree with it but sorry - its the way it is. My interpretation is no agreement means no authority to share my data, but because technically we did take the account, it is only right for the lender to report its conduct to the CRA's.

The resulting 12 test cases judgement will put paid to this once and for all. Basically, when did you last pay and were you in arrears or what? I can't fathom why you stopped paying if they had not defaulted you - this is not a wise decision..... you only stop paying really when you have nothing to lose.

Hi
i have no default,
its just the one credit card for lloyds tsb I have.
i have been paying by standing order each month.
the debt is over £5000.
I stopped paying at the end of last month.

i followed all the steps given here on the templates.
and that recent response from Lloyds was to my last letter saying that the agreement they sent me was invalid as it did not meet the terms. I followed what you told me to do!

http://forums.moneysavingexpert.com/showpost.html?p=26820809&postcount=781

Shall I reinstate my standing order then?
keep paying them until this test case result occurs?
If I have no default, and Lloyds are saying that I have to keep paying, shall I just carry on paying them then?

Goodtimesahead

If you use photobucket or imageshack how do you blank out various pieces of personal info etc before loading onto the thread. Do you use their editing facilities or do you actually blank it out on the document before uploading? Any help appreciated here as to the best way of doing it. Sorry I'm not very good at this type of stuff! Thanks.

CeeBeeDeeBee

Hi again NID. I've had a couple more letters from Collect Direct re my M&S card.

The first letter they sent basically said that they have complied with my CCA request and that the CCA is enforcable, they then go on to offer an 80% settlement figure. They demand the amount is paid to them before 16th Nov when the letter is dated 1st Dec lol

I didn't relpy.

The second letter, recieved today, dated 11th Dec and postmarked 14th gives me 5 days (yesterday!) to pay in full or else they 'may' go legal etc.

I really need to know if the documents they have sent me, a photocopy of my application and a poor photocopy of a blanked out CCA (dated much later than my application and with differing interest rates), constitute an enforcable agreement.

I have posted better images here I'd be grateful for a yes or no so I can consider my next move;

http://s640.photobucket.com/albums/uu125/CeeBeeDeeBee/

Thanks

CeeBeeDeeBee

Hi Goodtimes ahead.

I have used photobucket to put up my docs.

I edited the images in Paint first before uploading them.

never-in-doubt

hughiemack wrote: »

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?

No, if you've sent the CCA (albeit not recorded) then send the follow up: 2. CCA Reminder

However get into the habit of paying for recorded delivery - it proves the date you sent it!

never-in-doubt

jamie07971 wrote: »

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.

Why do you want to close your current account? If the loan is unenforceable then you ignore them - why are you even wasting time about a current account? It doesn't make any sense?

You know they will default you with the unenforceable account so your credit is dead for 6 years anyway.....

never-in-doubt

bankkiller wrote: »

Hi
i have no default,
its just the one credit card for lloyds tsb I have.
i have been paying by standing order each month.
the debt is over £5000.
I stopped paying at the end of last month.

i followed all the steps given here on the templates.
and that recent response from Lloyds was to my last letter saying that the agreement they sent me was invalid as it did not meet the terms. I followed what you told me to do!

http://forums.moneysavingexpert.com/showpost.html?p=26820809&postcount=781

Shall I reinstate my standing order then?
keep paying them until this test case result occurs?
If I have no default, and Lloyds are saying that I have to keep paying, shall I just carry on paying them then?

If it is your only bad account then yea, i'd pay cos it will ruin your credit file and for a small debt of £5k then its not worth the hassle you'll get.

Its up to you, but that is what i'd do right now....

never-in-doubt

CeeBeeDeeBee wrote: »

Hi again NID. I've had a couple more letters from Collect Direct re my M&S card.

The first letter they sent basically said that they have complied with my CCA request and that the CCA is enforcable, they then go on to offer an 80% settlement figure. They demand the amount is paid to them before 16th Nov when the letter is dated 1st Dec lol

I didn't relpy.

The second letter, recieved today, dated 11th Dec and postmarked 14th gives me 5 days (yesterday!) to pay in full or else they 'may' go legal etc.

I really need to know if the documents they have sent me, a photocopy of my application and a poor photocopy of a blanked out CCA (dated much later than my application and with differing interest rates), constitute an enforcable agreement.

I have posted better images here I'd be grateful for a yes or no so I can consider my next move;

http://s640.photobucket.com/albums/uu125/CeeBeeDeeBee/

Thanks

Why is everything dated differently - is it your handwriting?

Page 1 - stamped 28 Oct (what year is it?)
Page 2 - Dated 27 Jan 2006
Page 3 - Dated 31 Jan 2006

Pages 4/5 are ok.

The agreement looks fine to me, but the dates are worrying - it is signed anywhere by you/them? Obviously you've blacked areas out...

cejsmith

CeeBeeDeeBee wrote: »

Hi again NID. I've had a couple more letters from Collect Direct re my M&S card.

The first letter they sent basically said that they have complied with my CCA request and that the CCA is enforcable, they then go on to offer an 80% settlement figure. They demand the amount is paid to them before 16th Nov when the letter is dated 1st Dec lol

I didn't relpy.

The second letter, recieved today, dated 11th Dec and postmarked 14th gives me 5 days (yesterday!) to pay in full or else they 'may' go legal etc.

I really need to know if the documents they have sent me, a photocopy of my application and a poor photocopy of a blanked out CCA (dated much later than my application and with differing interest rates), constitute an enforcable agreement.

I have posted better images here I'd be grateful for a yes or no so I can consider my next move;

http://s640.photobucket.com/albums/uu125/CeeBeeDeeBee/

Thanks

I recived a letter from mcs ( re hSBC ) yesterday , it was dated the 10th and it wanted me to reply by telephone by today. So I've ignored it and put a letter in the post telling them HSBC are in breach of the cca1974, also that I will only talk to them by post.

My question is do you think the the collection agency hold on to the letters for 3 or 4 days past their production date before sending them off????

hughiemack

Thx for the response NID. I am up to date with these accounts, should I cease payment or wait for the additional 30 days for a response once the CCA reminder has been sent.

On the terms received : are the terms below adequate for an enforceable agreement and is there anything else I need to refer to on the terms? Thx in advance NID... (The credit card company sent 2 copies, the old and the new versions. I am assuming I have to refer to the new).

[FONT=Arial, Helvetica, sans-serif]KEY FINANCIAL INFORMATION

1. CREDIT LIMIT

We will set and tell you the Credit Limit from time to time.

2. REPAYMENTS

Each month you must pay by Direct Debit at least the minimum payment by the Payment Date shown in your statement. Unless we tell you otherwise the minimum payment will be:

- the full Revolving Balance if it is less than £5, but otherwise the greater of:

• 2% of the Revolving Balance, or
• the total of (i) interest billed on the statement on the Revolving Balance (ii) 1% of the Revolving Balance (iii) any Card Repayment Protection premium shown on your statement and (iv) billed fees for late or returned payments shown on your statement, or
• £5.

Plus, for each Transferred Balance made during an Promotional rate period for Transferred Balances (but only during that period):

- the full amount of the Transferred Balance if it is less than £5, but otherwise the greater of:

• 2% of the Transferred Balance, or
• the total of (i) interest billed on the statement on the Transferred Balance and (ii) 1% of the Transferred Balance, or
• £5.

The minimum amount you are required to pay will be shown on your statement but you can pay more if you want to. See Condition 10 of the Egg Card conditions for further details.

We will collect your Direct Debit payment so that it is paid into the Account by the Payment Date.

3. APR

The APR for your Agreement is 17.9%.[/FONT]