Unenforceability & Template Letters II

Go_on_martin_lewis

Thanks Nid, im just about to the the CCA query letter now. in regards to

''On xx/xx/xxxx I wrote requesting that you supply me a true copy of the executed credit agreement for the above numbered account. In response to this request I was supplied the document, a copy of which is attached, which did not comply with the requirements of the Consumer Credit Act 1974 (CCA1974).''

which do i attach?
A) the barclaycard conditions that they sent seperately (twice).

or the first document (first page) they enclosed with my mastercard (if so, what do i attach when writting the CCA query for the visa?

or c) both?


Thanks alot nid!

also is at now that I stop making payments to both cards??

never-in-doubt

atwitsend wrote: »

Hi, I am a complete newbie to this!
I have requested CCA's for my OH's two barclaycards that he took out in 1996. What are barclaycard most likely to send back to us?

Junk - lol, well you did ask didn't you :D

never-in-doubt

Blessed_+_highly_favoured wrote: »

I recently send off the first template letter from this thread to Moorcroft re a defaulted bank account and loan agreement originating from Lloyds TSB that had been bounced around from DCA to DCA (mostly during having my head in the sand!).

Ok, when did you send the CCA request?

Blessed_+_highly_favoured wrote: »

I had been having financial troubles in 2008 and was made redundant almost a year ago. Having checked my Experian credit report it is still showing the default as belonging to Lloyds.

What is the default date and what is the last payment date?

Blessed_+_highly_favoured wrote: »

Moorcroft had been badgering me for payment of the debt and as it is the biggest non-mortgage debt I have (and I was dealing with the courts already attempting to take my house from under me)

What do you mean, please elaborate - this could be serious so need to know about this please?

Blessed_+_highly_favoured wrote: »

I agreed to paying 40 pounds a month to them from my Jobseekers. I am currently fighting bank charges and PPI insurance claims from Lloyds TSB and also have read that DCA's buy the debt for pennies and am confused.

Are you paying £40p/m right now? When did you last make payment? Don't worry about what DCA's pay for the debt, that isn't really relevant right now - technically they can demand the full amount - whether you pay or not is a different story!

Blessed_+_highly_favoured wrote: »

They sent me the below reply:

"We refer to your recently received letter requesting data as per Section 77-29 Consumer Credit Act 1974."

:rotfl:they don't know their CCA very well - it should be s77-78 of CCA!

Blessed_+_highly_favoured wrote: »

"We duly confirm that we have requested the relevant documentation from our client and once received we will duly forward the same to you. Meanwhile we duly confirm that all collection activity on the account has been put on hold and we will not seek to enforce payment of this debt until such time as the documentation has been supplied or we have advised you to the contrary."

This means they have written to the Original Creditor (OC) - in this case Lloyds - requesting the CCA. This is part of their obligations and they are acting correctly. This is a good thing because it also confirms they will not seek to enforce repayment, i.e. stop paying! Do not make the £40 payments until you get the CCA in which case you post back again and we'll help you out.. :T

Blessed_+_highly_favoured wrote: »

"In the meantime, however we believe that it may be of assistance to all parties if we also thake this opportunity to ensure that any potential areas of dispute are addressed prior to any possible ourt action or further investigation. To the end can you provide an indication of the information you will be relying upon, when giving evidence to the court or information to the relevanct statutory authorities in relation to the alleged subject matter of the account."

You do not need to respond to this - they are asking what reasons you'd be taking it to court, but at this stage you will not be taking such action. If they do hassle you the reason would be that you wish to check the actual enforceability of the agreement such as establishing whether the prescribed terms are intact and complete. That is all they need to know right now lol - but ignore their letter - you need to await delivery of the CCA.

Blessed_+_highly_favoured wrote: »

"Please could you provide this information by return as this will ensure that all possible areas of dispute are identified as quickly as possible thereby minimising potential costs and delays."

Ignore this :D

Blessed_+_highly_favoured wrote: »

I'm not sure if I have bitten off more than I can chew with this. Are they trying to trick me or confuse me? I'm not sure how to reply to the "information" that they want. Any help will be appreciated. God bless you! X

You're doing fine - calm down and chill. You're £40 a month better off already lol, but I do need to know about the comment 'they tried to take my house' - who and why?

Good Luck

never-in-doubt

Go_on_martin_lewis wrote: »

Thanks Nid, im just about to the the CCA query letter now. in regards to

''On xx/xx/xxxx I wrote requesting that you supply me a true copy of the executed credit agreement for the above numbered account. In response to this request I was supplied the document, a copy of which is attached, which did not comply with the requirements of the Consumer Credit Act 1974 (CCA1974).''

which do i attach?
A) the barclaycard conditions that they sent seperately (twice).

or the first document (first page) they enclosed with my mastercard (if so, what do i attach when writting the CCA query for the visa?

or c) both?


Thanks alot nid!

also is at now that I stop making payments to both cards??

You send back what they purport to classify a CCA - so the application or whatever they sent you mate :D

Yes, you can if you want, cease payments but bear in mind you may get defaulted (if not already)

never-in-doubt

blind-as-a-bat wrote: »

Im not that rusty then:p:rotfl::rotfl::rotfl:

You are so - i'm NiD not NiB! hahahahahah :rotfl::rotfl:

Hows it going anyway, all ready for crimbo? :D

putty71

never-in-doubt wrote: »

Hiya

A 60 second application does not have all the Prescribed terms, right? Thus it is not acceptable - send this in response:



Obviously, click the link and then go to the middle letter (highlighted red above) and send that!

Hi Never

This sounds just like me and amex. What they sent me back was the 'priority' application form from 2001, returned the cheque and also enclosed pages of terms etc. There are conditions on the back of the app form but whether these were on the original god knows!

Now what letter do I send back?

Cheers
Putty

never-in-doubt

putty71 wrote: »

Hi Never

This sounds just like me and amex. What they sent me back was the 'priority' application form from 2001, returned the cheque and also enclosed pages of terms etc. There are conditions on the back of the app form but whether these were on the original god knows!

Now what letter do I send back?

Cheers
Putty

Hi mate - I answered you already (twice lol)

#929

#931

:rotfl::rotfl:

putty71

never-in-doubt wrote: »

Hi mate - I answered you already (twice lol)

#929

#931

:rotfl::rotfl:

Okay cheers- I wanted to check I didnt have to send the other letter you mentioned for whats his name.
Looking at the back of the form at the prescribed terms, they list the credit limit, payment details and apr, but what in particular should I be looking at to be wrong with these?

Thanks and sorry to be a pain but this is slightly confusing!

never-in-doubt

putty71 wrote: »

Okay cheers- I wanted to check I didnt have to send the other letter you mentioned for whats his name.
Looking at the back of the form at the prescribed terms, they list the credit limit, payment details and apr, but what in particular should I be looking at to be wrong with these?

Thanks and sorry to be a pain but this is slightly confusing!

I thought you said they sent terms and not a CCA? Sorry, am confused myself now...

putty71

never-in-doubt wrote: »

I thought you said they sent terms and not a CCA? Sorry, am confused myself now...

What they have sent is an application form that they refer to as a credit agreement and on the back are a list of conditions, with what I believe to be the prescibed terms being listed on there. I have no way of knowing whether these conditions were on the original form or not so please understand that whilst you are confused, I am totally baffled and possibly up sh*t creek without a paddle. They also enclosed a load of terms on seperate pages.

It would also be useful to know who else has had this and how they overcame it.

Any thoughts?

Cheers
Putty