Unenforceability & Template Letters II

never-in-doubt

jamie07971 wrote: »

Every month they are adding charges for not paying the loan directly to my current account which I don't use

But you're not repaying the loan right? So any charges are irrelevant, unless you mean charges to the bank account?

jamie07971

never-in-doubt wrote: »

But you're not repaying the loan right? So any charges are irrelevant, unless you mean charges to the bank account?

I am not paying the loan however the current account is with the same bank so they are adding the charges to my current account as they say it states in my agreement that I have to have a RBS current account along side the loan - Funny that there is no loan agreement!

I am not sure what to do - I have been trying to get the account closed for months now.

never-in-doubt

are you paying the charges or are they just building up? (to the bank account)

jamie07971

never-in-doubt wrote: »

are you paying the charges or are they just building up? (to the bank account)

They are just starting to build up now.

never-in-doubt

jamie07971 wrote: »

They are just starting to build up now.

Ok, then for the time being look at reclaiming the charges - obviously the account will remain open until such time the loan is cleared if they say you need the account to pay the loan - i.e. if the loan payment is bouncing month in - month out then the bank account will be constantly charged an unnecessary referral fee....

Its a catch 22 i'm afraid, but obviously if you're not paying the loan then just ignore the bank account as well.....

http://www.moneysavingexpert.com/reclaim/bank-charges

Last updated after the supreme court hearing.....

cejsmith

Please find below the latest letter I've had from capital one, it's interesting that they make the court case point rather than go to FOS, i'm sure they are not meant to do that.

Also on the cca I think it's not enforcable because it doesn't actually say the credit limit , it just says it will be advised, but I hope someone can give me their ideas.

What do you think I should do next????

Gemmzie

Big move on the old HSBC debt here - a court letter. What do we do now?

ricardovich

Hey Nid-insky :A

There was me thinking I was gonna have a quiet time over Christmas and New Year when I received 2 letters this morning from CrapQ - one threatening a CCJ and another threatening Bankruptcy!! :eek:

I have 2 disputed accounts with them and am following the CCA Letter route with them. To date they have sent me photocopies of my Amex application forms from 1998, but not my CC Agreement.

Here are both letters:-



Is this yet more posturing or am I in some real schtuck??

xx

captainhaggis

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?

[ insert meowing cat smilie ]

captainhaggis

Hi NID me old mucker

Just thought I'd throw an update on here as to where I am with my enquiries. I know you've told me to wait til after the 12 test cases before proceeding and I'm happy to do so, so this is just an exercise in reminding myself where I am and also just a way of letting you see if there's anything you think I should do immediately.

1) EGG CARD
After sending an initial CCA request I was asked to confirm my address with Egg which I did. I waited the 12+2 after that and got nothing. I sent the reminder on about 23rd November and have still had nothing back from Egg.

2) SMILE GOLD
Sent my CCA request and got nothing back. Sent the reminder and got a CCA in return which is questionable in its authenticity (it is stamped as 'rcvd' by smile ONE YEAR before I allegedly signed it). I have sent them a letter questioning this. No reply.

3) SMILE CLASSIC
Sent initial CCA and follow up CCA request on 22nd November (having already allowed a month after the first letter). Still no reply.

4) LLOYD TSB CARD
I was sent a CCA for this card but the actual CCA didn't ahve a name or address on it, although the attached Application Form did. Suspect this makes it unenforceable. Wrote to advise them of this and was sent their standard 'we don't agree letter' as seen here #848. No further action taken, yet.

5) MBNA
Sent CCA by MBNA after second request. CCA is for Mastercard but account was changed - by MBNA - to an Amex about a year later and no new CCA was required. The account number/details on the CCA are therefore invalid. Letter sent to MBNA advising them of this. No response as yet from MBNA.

6) LLOYDS LOAN
CCA sent by Lloyds. Looks OK I think. I've forgotten what you said about it.....