Unenforceability & Template Letters II

never-in-doubt

ricardovich wrote: »

Hey Nidster

Any help with the info I sent in post #902??

I thought you were setting up a new thread mate - regards to the b/r threat?

never-in-doubt

putty71 wrote: »

Hi Never

Hey don't have a go but I got the supposed cca from amex yesterday. Basically it was the application form but it did have my signature in it if I wanted to be legally bound, etc.
To protect me before I get further correspondence from the DCA I want to send off letter 2. I assume this is right as it is an application form or am i wrong and don't have a leg to stand on?

Cheers
Putty

Why would I have a go lol?

Does it say 'consumer credit agreement regulated by the CCA 1974' at the top or does it have 'amex application form'?

If it shows application form; send this: 3. CCA Query

never-in-doubt

benboy wrote: »

Hi NID and the gang! I'm new here and reading this thread with interest! I am CCA'ing 3 cards all pre-2007 (including the infamous MBNA:rolleyes:). You say thay can default you (even when unenforceable) but can one get that changed by contacting the CRA and informing them it's in dispute/unenforceable? I may have missed somehting as this is a long thread.

BTW, thanks and keep up the good work. :beer:

Just seen post 885!

Hiya,

You're right - post 885 answers it

never-in-doubt wrote: »

No, sorry right now (with the law unclear) there is no way of removing default - however this may change when we hear the judgement of the 12 test cases so worth checking mid January when we should know more

never-in-doubt

putty71 wrote: »

Sorry Never, I got my letters wrong. No 4 below will go to amex as they sent an application form. I'll check if you post a reply in the morning, but do you think this letter is okay to go? Like I said before, I had signed the app form.

Thanks
Putty

Hiya

You should send this letter, yes: 3. CCA Query

putty71

never-in-doubt wrote: »

Why would I have a go lol?

Does it say 'consumer credit agreement regulated by the CCA 1974' at the top or does it have 'amex application form'?

If it shows application form; send this: 3. CCA Query

Hi Never

Good job I logged on otherwise I would have sent letter 4.

On the form it says 'application form', yet where I signed it says 'sign here if you want to be bound by the cca 1974'
Does this mean that I am stuffed?

Thanks

Putty

fermi

putty71 wrote: »

On the form it says 'application form', yet where I signed it says 'sign here if you want to be bound by the cca 1974'
Does this mean that I am stuffed?

No. Does it contain the prescribed terms?

As said before, I could type "this is a credit agreement" on the back of a Mars bar wrapper, but it wouldn't make it one.:cool:

never-in-doubt

fermi wrote: »

As said before, I could type "this is a credit agreement" on the back of a Mars bar wrapper, but it wouldn't make it one.:cool:

Not entirely true there Fermi, if you done it then i'm sure you'd do it right so it probably would become one - and enforceable LOL - it'd be known as the Mars CCA

fermi

never-in-doubt wrote: »

Not entirely true there Fermi, if you done it then i'm sure you'd do it right so it probably would become one - and enforceable LOL - it'd be known as the Mars CCA

I would, since I have respect for the law and regulations.

Banks do not. Profit is first.

And that attitude has come back to sting them in the ar$$e.

Gemmzie

never-in-doubt wrote: »

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)

I wasn't here over the weekend either. It is dated 14th December.

It says we've failed to make payment and they've served a default notice (news to us!)

We can; admit and pay, admit part, dispute, have 28 days, do nothing

never-in-doubt

Gemmzie wrote: »

I wasn't here over the weekend either. It is dated 14th December.

It says we've failed to make payment and they've served a default notice (news to us!)

We can; admit and pay, admit part, dispute, have 28 days, do nothing

Ahh a default letter is nothing big! So have you stopped paying? What is the history - i.e. please elaborate as to why you've got the default notice (is it a CCJ or a default notice cos a default notice doesn't come from the court usually)....

Please elaborate so we can try and establish what has happened to date