Received terms and coniditions? not CCA what is the next step

Andy_one_day

Hello

Sorry if i have done something out of place this was not my intention.:o

Over the last couple i weeks in a bid to find out where i stand i have signed up to a number of forums and recieved comments back on each them.

The comments i recieved and pasted in the above were from another forum in direct responce to the images of the mailer application i had posted up links to, following my CCA request. I did try and point out that the comments were directly aimed at the wording that had been used in the application i signed and not something that would apply to everyone. The comments regards the case were again points raised by the two people on the forum which went of on their own tangent to the thread. I will gladly remove the posting altogether. I was just trying to show people who may have come across it the comments i have recieved back from people which appeared to be much better informed than myself.

Sorry if i caused offence, it was not my intention, i will stick to asking questions in future:o

pepe2008

There are some some Forum Sites that really over-complicate things! I have seen people get thierselves into Court and lose after getting totally screwed up in such complications.

Look at the signature line on Never-in-Doubts posts....it sums it up.

never-in-doubt

Andy - I was asking what it was and whether it came from any legal capacity - as you've stated it is opinions from other forums - cheers, that helps - I was racking my brain thinking, where and when did that happen! lol.

Bear in mind each person has their own opinion and none are right/wrong - it is only our views and we express them to suit each case, as I always say - no 2 cases are the same and so care should be taken when copying and re-using it.

I personally don't agree with a lot of what is quoted, but as I say - that is just my opinion. The Carey V HSBC cannot and should not be used as the precedent for unenforceability.....

Good Luck in getting this sorted....

never-in-doubt

pepe2008 wrote: »

There are some some Forum Sites that really over-complicate things! I have seen people get thierselves into Court and lose after getting totally screwed up in such complications.

Look at the signature line on Never-in-Doubts posts....it sums it up.

Exactly mate - sometimes plain english is the best way, instead of looking at the finer details (i.e. ready for a court battle) I tend to stick to the basics by establishing whether it is enforceable or not, first and foremost.

Court is not an option for most people, so although we could sit here and say do this and do that, unless you really wanted to spend £thousands in court costs then why? What is the point?

I think i'd safely say that 90% of agreements i've seen have had fault, however I also know that 50% of those would require a full court case just to iron out the fault - that is not an option, therefore in such a situation I say it is enforceable because really, it is - just cos I find a small loophole does not change the basics.

1. Is the document signed by you and the creditor on the same page as the PT's?
2. Are the PT's intact and on the same page as a signature or linked?

If no to the above - then unenforceable. That is the simplistic way of checking.

But yes, my signature kinda says it all :rotfl: :rotfl:

Andy_one_day

Thank you both for your comments.

I understand what you saying and got a bit carried away perhaps with my new found interest. I will ensure in future my posts represent my own thoughts and opinions based on what my veiws of the information i have been given by others such as yourselfs and other informed individuals. And not pasted veiws of others.

Guess i just have to wait for some polite letters to turn up from Optima now.

Thanks for all your help.:)

Andy_one_day

All now seems to have gone quiet on the MBNA/Optima front, nothing this past week.

I had a look through the templates to see my next step and was unsure of the way forward and the timescales.

How long do i wait from sending the general query letter (it will have been 12 days from me posting it to them tomorrow ) to Optima in responce to the application form i recieved back from them. Until my next step. And more to the point what is the next step.
I had a look through the excellent charts on the Unenforceability Checker part 3 and was unsure if it should be a Query/Section 10 request and how much time should have elasped from the first Query letter. And if so, as i still have not done a SAE should this go of with this?

Thanks for all the help

never-in-doubt

Andy_one_day wrote: »

All now seems to have gone quiet on the MBNA/Optima front, nothing this past week.

I had a look through the templates to see my next step and was unsure of the way forward and the timescales.

How long do i wait from sending the general query letter (it will have been 12 days from me posting it to them tomorrow ) to Optima in responce to the application form i recieved back from them. Until my next step. And more to the point what is the next step.
I had a look through the excellent charts on the Unenforceability Checker part 3 and was unsure if it should be a Query/Section 10 request and how much time should have elasped from the first Query letter. And if so, as i still have not done a SAE should this go of with this?

Thanks for all the help

Hiya

Give them about a month and then look to chase them up, pointless rushing things cos it will not change the end outcome, i.e. its unenforceable until such time they respond - so why rush them?

You're right, the new thread is here: Unenforceability & Template Letters III and you'd be right to send the following template (after a month): CCA Dispute / s.10 Cease & Desist

Andy_one_day

Thank you

I am in no rush as you say.

Keep up the great work, it is so reassuring to people like myself to have such great advice on hand.:)