Unenforceability & Template Letters II

never-in-doubt

cejsmith wrote: »

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????

Don't worry about it right now, just hold fire til the judgement....... That is standard letter, seen the same several times lol. The CCA does not need to show a limit, so long as it says 'we will advise you of your limit from time to time' which it should say

Is that sheet what they say is the CCA? Where are the prescribed terms mate, or were they overleaf?

never-in-doubt

Gemmzie wrote: »

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

What court letter? Please elaborate? It may be better to start your own thread to get more views as i'm not here much this weekend and you don't want to ignore any court threat.... (unless its only a ccj)

never-in-doubt

ricardovich wrote: »

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:

!!!!!!! :eek:

ricardovich wrote: »

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.

Is the first letter regards to Amex (Bankruptcy) - who is the second letter regards to?

Letter 1 - seems serious, i'd start a new thread in DFW and see what others say - you need to emphasise (in your post) that you're disputing the account and they have failed to supply a CCA as this could affect you throwing their claim out/defending it. Technically they cannot take action whilst the account is in dispute.

Letter 2 - Thats a CCJ claim, they are right in that it will stay for 6 years - but not if the debt becomes statute barred before and that would be 6 years from last payment, in any case if they have not sent the CCA you can get the CCJ set aside. The CCJ is just a worse default, in effect but it is obviously public data whereas a default is not.

ricardovich wrote: »

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

xx

Ermmm, at this stage it is hard to say as I am not great with b/r so I need you to start a new thread and i'll follow it (post the link in here please)...... I can help with the ccj, but to be fair we'll just get that set aside but it'd not be an issue if they refuse. Its the first letter i'm slightly alarmed at. Was it a big debt? You never mentioned they issued a b/r petition last year - this changes things lol :mad::D:eek:

never-in-doubt

captainhaggis wrote: »

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.

Mate send this to Egg: 4. CCA Dispute

captainhaggis wrote: »

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.

This is the joint letter isn't it - where we clearly call them thieving bar-stewards? If so, just give them til 1st Jan then send it again with a reminder added, i.e. demand a reply within 14 days.

captainhaggis wrote: »

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.

Send this to Smile Classic 4. CCA Dispute

captainhaggis wrote: »

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.

Leave this until judgement.

captainhaggis wrote: »

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.

As above mate, give them til 1st Jan then resend it with a 14 day notice to respond.

captainhaggis wrote: »

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

I said it was wrong lol - knowing me :p Email me it mate, let me look properly... but if memory serves me right it may well be enforceable :mad:

ricardovich

never-in-doubt wrote: »

!!!!!!! :eek:



Is the first letter regards to Amex (Bankruptcy) - who is the second letter regards to?

Its the first letter i'm slightly alarmed at. Was it a big debt? You never mentioned they issued a b/r petition last year - this changes things lol :mad::D:eek:

They are both for Amex and the 2nd debt is for £3150.

To be honest I dont remember the last years b/r petition - hence never mentioning it

I will set up a new thread on DFW (perhaps you can PM me as to how to link it/you in - I'm as technical as a goldfish :rolleyes:

Surely if they can't prove they own it, they can't preceed?

captainhaggis

never-in-doubt wrote: »

Mate send this to Egg: 4. CCA Dispute

never-in-doubt wrote: »

Send this to Smile Classic 4. CCA Dispute

Even before the court judgement you would press on with these letters?

never-in-doubt wrote: »

This is the joint letter isn't it - where we clearly call them thieving bar-stewards? If so, just give them til 1st Jan then send it again with a reminder added, i.e. demand a reply within 14 days.

That's the one mate. Will leave it til early in the New Year (am away until about the 5th)

never-in-doubt wrote: »

Leave this until judgement.

Do you think there's a similar case in court? Is there an article making mention of the details of each of the cases?

never-in-doubt wrote: »

As above mate, give them til 1st Jan then resend it with a 14 day notice to respond.

Alrighty, shall wait.

never-in-doubt wrote: »

I said it was wrong lol - knowing me :p Email me it mate, let me look properly... but if memory serves me right it may well be enforceable :mad:

http://s991.photobucket.com/albums/af35/captainhaggis/Lloyds%20TSB%20Loan/

never-in-doubt

captainhaggis wrote: »

Even before the court judgement you would press on with these letters?

Yes mate - go for it

captainhaggis wrote: »

That's the one mate. Will leave it til early in the New Year (am away until about the 5th)

Jammy get - enjoy your trip won't you :p

captainhaggis wrote: »

Do you think there's a similar case in court? Is there an article making mention of the details of each of the cases?

No article mate but the 12 test cases are to answer the unknown points, this may fall into that category as it is one of the 'mystery scenarios'..... just hold fire on this, don't worry about it til after we hear the judgement....

captainhaggis wrote: »

http://s991.photobucket.com/albums/af35/captainhaggis/Lloyds%20TSB%20Loan/

Looks fine to me mate - shame but it looks 'passable'.... :mad:

fermi

Anyone who feels like reporting the scamming Rankine pair to the OFT, click

---

> HERE.

AndyLGR

I had 2 credit cards, (Barclaycard & Cap 1), all of which were defaulted around the same time - 2005 ish. They are all held now by Debt collection Agencies and I am paying £25 per month towards each. I owe approx £1500 on each. I'm in 2 minds whether to go down the road of unenforcabilty following templates here or to maybe make an offer in settlement come the new year. Obvioulsy I would like to keep as much cash to myself as possible, so I'm not really sure which way to go.

never-in-doubt

AndyLGR wrote: »

I had 2 credit cards, (Barclaycard & Cap 1), all of which were defaulted around the same time - 2005 ish. They are all held now by Debt collection Agencies and I am paying £25 per month towards each. I owe approx £1500 on each. I'm in 2 minds whether to go down the road of unenforcabilty following templates here or to maybe make an offer in settlement come the new year. Obvioulsy I would like to keep as much cash to myself as possible, so I'm not really sure which way to go.

Probably better to offer F&F for the small amounts involved - unenforceability is usually £2500+....