Unenforceability & Template Letters II

terimon

I again am confused because my follow up letter seems to have the date missing or may have been sent on the 27th October. Which does not seem right.

I promise to keep my paperwork in very tidy order from now on

Cheers NID

terimon

I am looking forward to sending the next letter now. Do you need any more information?

I definately owe you a few (well lots really) Stellas!

Virgin (MBNA) still have not replied to my request of a CCA which they signed for on the 3rd November

k4j

Hi N I D,
Just a quick qestion....

I have a letter sent to me asking me to sign it otherwise they will not deal with my query. What do i send back?

terimon

I would say template 10 from the start of this thread but prob worth waiting for NID to reply.

never-in-doubt

k4j wrote: »

Hi N I D,
Just a quick qestion....

I have a letter sent to me asking me to sign it otherwise they will not deal with my query. What do i send back?

As terimon states, letter 10 - 10. Demand of your Signature

The last paragraph is important as it also confirms that the original 12+2 days are inclusive whilst they are messing you around, i.e. they do not get longer to respond just by sending that letter to you - so the clock is still counting, as such. This doesn't matter too much right now cos you want them to respond so just send the above letter and sit tight until they reply....

never-in-doubt

terimon wrote: »

I am looking forward to sending the next letter now. Do you need any more information?

I definately owe you a few (well lots really) Stellas!

Virgin (MBNA) still have not replied to my request of a CCA which they signed for on the 3rd November

Hiya

I've just been thinking, you knew from the start they'd default you and to be fair instead of wasting time conversing it may be better to sit it out and just accept the default, wait a few weeks then send the following letter direct to the CRA for removal: 9. Default Removal Letter to CRA's

I was planning on telling Natwest their job and generally being a smart-ars responding to each point belittling them but on reflection, it may just be best to sit it out and accept the default (and a saving of £13k!).... What do you think? After all, you're already much better off which was surely the main objective here?

smifff_2

Hi, I read about the CCA way of lawfully not paying credit card depts on another site then found this site which seems to be an autrity on the matter. I owe 4k to Visa and 2k to Mastercard. I've been paying the minimum payments for yrs now and must have paid off what I owe 1.5 times already.

We live in France, we moved over 13yrs ago and I continued to use my UK Visa and Mastercard which I've had since 1985. I can't work because my wife is ill with multiple sclerosis and Bipolar, so we are struggling.

Do I need to send one CCA to each card company or both, I ask because as you know Visa and Mastercard are are the same company.

Also do I stop making payments now or wait for a reply from them, also could they get French dept collectors onto me or French baillifs.

Overhere baillifs seem to have unlimited powers and you really don't want to mess with them as the law allways sides with them.

Thanks in advance

never-in-doubt

smifff wrote: »

Hi, I read about the CCA way of lawfully not paying credit card depts on another site then found this site which seems to be an autrity on the matter. I owe 4k to Visa and 2k to Mastercard. I've been paying the minimum payments for yrs now and must have paid off what I owe 1.5 times already.

We live in France, we moved over 13yrs ago and I continued to use my UK Visa and Mastercard which I've had since 1985. I can't work because my wife is ill with multiple sclerosis and Bipolar, so we are struggling.

Do I need to send one CCA to each card company or both, I ask because as you know Visa and Mastercard are are the same company.

Also do I stop making payments now or wait for a reply from them, also could they get French dept collectors onto me or French baillifs.

Overhere baillifs seem to have unlimited powers and you really don't want to mess with them as the law allways sides with them.

Thanks in advance

Visa & Mastercard are brands - not the supplier! You need to contact whoever you have the account with, i.e. the lender (barclays, hsbc, natwest whoever?)....

Visa and mastercard are not together - they are 199999999% apart lol

They will not do anything to you - no bailiffs or anything.... Its UK law that the CCA conforms to - not French law! But you may get defaulted. If you cannot afford them then just stop paying and ignore them? Or agree to a repayment plan with them.

Remember though, Visa & mastercard are separate entities.

smifff_2

Wow, that was quick, thanks Never in doubt.I think I got the Visa from Barclays as its a Barclaycard Visa and it was also them that gave me the Mastercard.I think I will send the CCA to the address on my statements and do as you suggest and stop paying.Can I ask, are you a lawyer, you are very knowledgable on thses matters.Thanks again.Mike

never-in-doubt

smifff wrote: »

Wow, that was quick, thanks Never in doubt.I think I got the Visa from Barclays as its a Barclaycard Visa and it was also them that gave me the Mastercard.I think I will send the CCA to the address on my statements and do as you suggest and stop paying.Can I ask, are you a lawyer, you are very knowledgable on thses matters.Thanks again.Mike

Hiya

That makes sense now so you have a Visa & Mastercard both issued by barclays? If so you need to do 2 x CCA's, one per account (even though they both go to the same lender).

Send to the address on your statements with a £1 cheque.

I am not a lawyer no, but have been dealing with unenforceability for quite some time and so kinda know the rules (albeit a little too much if i dare say so!)