Unenforceability & Template Letters II

Gemmzie

never-in-doubt wrote: »

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

Is this a default letter? Seems like they are demanding payment.

It was a credit card, of £8k approx in Jan 07. We were paying £50 a month but they had added charges plus there was a lot of past charges, they stopped access online to statements. It went to a DCA (Howard Cohen), we asked why it had become a loan and increased. Asked for all statements, which was ignored. No CCA, been passed to three different DCAs and each time we've told them off for it.
We stopped paying in March 09 when the latest DCA wouldn't give us a sort code or account number so we could make payments because we refused to use a debit card.

Go_on_martin_lewis

Hey, can any advise me on what i should look for in these documents they've sent me back in reply to my CCA request??

heres the link.
the first page is the document they enclosed with the letter. and the following pages is the barclaycard conditions they sent seperately. (i assume that the one they sent enclosed is the original one. and the seperate one is the newer version)

the website isn't allowing me to post links, but if you go to keepandshare.com and paste /doc/view.php?id=1628554&da=y after the .com


THANKS!

never-in-doubt

Got it (very slow): http://www.keepandshare.com/doc/view.php?id=1628554&da=y

GoML - That Barclaycard agreement is not enforceable. IMO. Send this: 3. CCA Query

never-in-doubt

Gemmzie wrote: »

Is this a default letter? Seems like they are demanding payment.

I dont know is it? You tell me, what does it say? I am assuming it is a default letter as a court doesn't issue them - you originally said you had papers from the court?

What, exactly does the letter say?

Gemmzie wrote: »

It was a credit card, of £8k approx in Jan 07. We were paying £50 a month but they had added charges plus there was a lot of past charges, they stopped access online to statements. It went to a DCA (Howard Cohen), we asked why it had become a loan and increased. Asked for all statements, which was ignored. No CCA, been passed to three different DCAs and each time we've told them off for it.
We stopped paying in March 09 when the latest DCA wouldn't give us a sort code or account number so we could make payments because we refused to use a debit card.

So did you take out a loan or was it a Visa or mastercard? Regardless, as they have not sent the CCA you should respond with the following letter: 4. CCA Dispute

You need to be more clear in your replies cos i'm struggling to establish exactly what product you had which means it is harder to help....

I assume you took out the card and then for whatever reason it has swapped into a loan (if HSBC is it a managed loan? - these were given to people to pay their debts off with)...? However they cannot sell the account to more DCA's when it is in query so just stand firm and demand sight of the CCA - or send the above letter to the original creditor (HSBC)....

Gemmzie

never-in-doubt wrote: »

I dont know is it? You tell me, what does it say? I am assuming it is a default letter as a court doesn't issue them - you originally said you had papers from the court?

What, exactly does the letter say?

It's a count court claim form. It says:
"The Claimant's claim is for the sum of £x being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and HSBC Bank plc under reference xxxx and assigned to the Claimant on the 15th December 2008 notice of which has been given to the Defendant.

The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974.

The Claimant claims the sum of £x"

So did you take out a loan or was it a Visa or mastercard? Regardless, as they have not sent the CCA you should respond with the following letter: 4. CCA Dispute

You need to be more clear in your replies cos i'm struggling to establish exactly what product you had which means it is harder to help....

I assume you took out the card and then for whatever reason it has swapped into a loan (if HSBC is it a managed loan? - these were given to people to pay their debts off with)...? However they cannot sell the account to more DCA's when it is in query so just stand firm and demand sight of the CCA - or send the above letter to the original creditor (HSBC)....

Sorry, it was a credit card, I believe HSBC use Visa. We then went onto a DMP and I suspect they changed it to a managed loan although we were never informed of this.
This is from the original DCA so they seem to have stopped passing it around. The CCA dispute has been sent to both HSBC and Howard Cohen.

never-in-doubt

Ahhh, so it is a default notice then? Does it say anywhere that it is a default notice or notice before intended action of default?

Can you scan things up for us to see? They cannot just change from a card to a managed loan without your signature - the managed loan is still a CCA regulated product...

cejsmith

never-in-doubt wrote: »

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?

I did get another 4 pages of info that they sent me, but there is no way that we can know they went with the original agreement.

I can post them if you think they would be useful.

never-in-doubt

cejsmith wrote: »

I did get another 4 pages of info that they sent me, but there is no way that we can know they went with the original agreement.

I can post them if you think they would be useful.

Ok mate - I see what you mean, pointless scanning them cos they make no difference; the CCA they sent is not enforceable! lol

Gemmzie

never-in-doubt wrote: »

Ahhh, so it is a default notice then? Does it say anywhere that it is a default notice or notice before intended action of default?

Can you scan things up for us to see? They cannot just change from a card to a managed loan without your signature - the managed loan is still a CCA regulated product...

I assume so, it doesn't say anything about being a default except the passage I copied. I will scan it up.

I've been right through all the paper work, it was a credit card and then during 2008 it started being referred to as a loan.

never-in-doubt

Gemmzie wrote: »

I assume so, it doesn't say anything about being a default except the passage I copied. I will scan it up. I've been right through all the paper work, it was a credit card and then during 2008 it started being referred to as a loan.

This looks like a small claim that they are doing - what on earth!? Am well confused - why issue a small claim against you? Obviously you need to defend it using the premise you requested the CCA to no avail....

You should go into photoshop and erase your name and address from the claim form and start a new thread and post the letters up for others to see/help.......:D