Unenforceability & Template Letters III

in_to_deep

hi nid
been waching this thread for a while now with intrest

got 5 cc s been with a solicitor for 12 months now thrugh a cmc on a no win no fee they passed 2 back saying nothing they can do i have got what the cc compeny sent the solicitor looks pritty much unenforcable

do i start again or do i pick up from were solicitor left off

wish i found this site 12 mounth ago

never-in-doubt

in_to_deep wrote: »

hi nid
been waching this thread for a while now with intrest

got 5 cc s been with a solicitor for 12 months now thrugh a cmc on a no win no fee they passed 2 back saying nothing they can do i have got what the cc compeny sent the solicitor looks pritty much unenforcable

do i start again or do i pick up from were solicitor left off

wish i found this site 12 mounth ago

Hiya have you got the 5 CCA's that you can send me? If so, load them and PM me the links or if you delete the personal info then post on here.... Let me know if you have the CCA's and can post them online or email me....

roadster

Hi NID

Hope all is well with you.

As you know CCAing my cc's all 6 of them. Before I found this fantastic thread I activated payment break plans with 2 of my cc, Barclaycard and Monument. The Barclaycard is activated till May and Ive heard nothing back even after sending reminder letter. Do I send anything yet or let them chase me and reply then.
As for Monumnet that payment breakplan ends in 14 days and all i have received form them is a recon T&C and a copy of the reply card i signed. But the have sent me another letter asking if i needed to extend the payment break plan. Question if by activating the payment break plan am i acknowledging the debt or am i better off leaving it as Monument is unenforceable anyway. Could always extend it for 6 years till SB LOL but dont think i would get away with that.

MBNA - nothing received at all will soon send final response letter
Mint - They have issued their final response - Unenforceable anyway
Halifax - they confirmed it is Unenforceable and will not chase till CCA found :T
Citi - nothing received at all will soon send final response letter

Thanks again for your help. Im with you on hating banks with a passion.

:beer::beer:

Goodtimesahead

Nid> Hope you are keeping well.

I have been sent a copy of a two page CCA from The Post Office . It's 2 pages and certainly looks like both are connected as 1st page says at the bottom "Please complete name, address and ensure you sign above. NOW TURN OVER (in caps) followed by an arrow -> the on page two at the top its got "Side 2" then at the bottom its says "Please complete your current address overleaf. Remember to sign the Credit Card Agreement."
Now all of the above info makes sense and matches are correct, so do the outlines of the pages from the photo copies, so I'm pretty sure its two pages that have been photo copied from a 1 page agreement front & back, also its dated 20 Dec 2006 (so quite close to the Apr 2007 rules), so I'm thinking that they would have clued up on improved agreements by this time?

I have looked at your page The Prescribed Terms and note I need to check
B. Repayments (a),(b),(c),(d) (e)
C. Rate of Interest
D. Credit Limit

So do all of the conditions in B. have to be met, along with C & D?

Just checking to see if this is likely to be enforceable?

Have you come across any Post Office CCA's before? Thanks

maz1964

:)hiya Nid

again im back feel like im absorbing all info like a sponge :rotfl:

anyway just noticed on post no 135 ref the default notices format

in section s88 - 2
(2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.



did the days not change from 7 to 14 days a couple of years ago?

i think i gained this knowledge from one of my cag threads to tell you the truth and when ive been checking my default notices, some original creditors had not amended from the 7 to the 14 days thus i was told it was invalid - just wanted to ensure my thinking and info was correct pls see now below,

********Have found out more re the days now - The new minimum period after which a creditor or owner may take action (in respect of the agreement after having issued a default notice) is now 14 days. It used to be only 7 days. Section 14 CCA 2006 amends section 88 of the 1974 Act to create this extension. ********* ALSO -(from date of service, which is two or four working days for First and Second Class respectively).

I have now viewed back and your post number 26 actually does state 14 days in the letter you have provided us with, so im just perhaps thinking the info on post 135 was an older version of info ? Am just wanting to be accurate in my understanding and to avoid any confussion for new members too

also, - wow i do understand what you are saying why you are so passionate about all this - how you have coped with all the libel cases and how you dealing with all the identity theft problems you and your family have endured i take my hat off to you - i really do hope i win this damn lottery one day as i promise here whole heartedly i will treat you and your family to a well deserved break

anyway will check in laters cheers maz

in_to_deep

thanks nid
only got 2 will e mail to you later this eve after 9 at work at mo

St0lli

never-in-doubt wrote: »

Just thought i'd update you on my circumstances and a few people here won't know much about why i'm involved in this like I am, other than a pure hatred for banks - its personal pleasure! :eek: :eek: The fact they also pay a subcontractor salary to me (i.e. above rate by 70%) makes me feel good cos i'm taking from them!

That is priceless!!!!!!!!!!!!!!!! Love it!!!!:j:j:j:j:j:j:j

never-in-doubt

Goodtimesahead wrote: »

I have looked at your page The Prescribed Terms and note I need to check
B. Repayments (a),(b),(c),(d) (e)
C. Rate of Interest
D. Credit Limit

So do all of the conditions in B. have to be met, along with C & D?

Just checking to see if this is likely to be enforceable?

Have you come across any Post Office CCA's before? Thanks

Hi mate - no, any of the repayments schedule data can be present, so that is not all of the points but any of the points (a-e)...... so the fact it may say - pay back 2% per month would suffice.

Regards to the dates, yes - you'll find agreements from 2006 are a bit better, however that's not to say they are all compliant. If your agreement looks fine according to the above, then sorry - you may have to consider repayments or post it so I can take a closer mooch

never-in-doubt

maz1964 wrote: »

did the days not change from 7 to 14 days a couple of years ago?

Yep - you;re right (sorry those are probably outdated terms - i'll update it later thanks)....

I did say 14 days here: #132

If you see this bit:

3. You then have 14 days to pay in full (Notice of Default)

maz1964 wrote: »

i think i gained this knowledge from one of my cag threads to tell you the truth - just wanted to ensure my thinking and info was correct pls see now below

You are right. Don't fret lol. Its an older version of CCA - I use the CCA 74, as opposed to the CCA 06. I keep forgetting to amend the changes lol

maz1964 wrote: »

I have now viewed back and your post number 26 actually does state 14 days in the letter you have provided us with, so im just perhaps thinking the info on post 135 was an older version of info ? Am just wanting to be accurate in my understanding and to avoid any confussion for new members too

Correct

maz1964 wrote: »

also, - wow i do understand what you are saying why you are so passionate about all this - how you have coped with all the libel cases and how you dealing with all the identity theft problems you and your family have endured i take my hat off to you - i really do hope i win this damn lottery one day as i promise here whole heartedly i will treat you and your family to a well deserved break

anyway will check in laters cheers maz

Lol, i've never had to go into court yet - last time I got a payout I told them my username here and told them to check out unenforceability thread II - they offered me a job :rotfl::rotfl::rotfl:

Ermmm, go shove it where the sun doesn't shine sounds about right :D:D

I take it with a pinch of salt, I used to spend my days arguing with ignorant people who didn't understand the laws of unenforceability - now I just get bombarded with stuff! (been offline 2hrs and logged in to 34 PM's)... :eek:

I am quite laid back to say the least :p


edit - post now updated to show 14 days - if you spot any other errors please advise! As you can imagine, re-reading the same templates does make you miss obvious errors!

never-in-doubt

roadster wrote: »

Barclaycard: Do I send anything yet or let them chase me and reply then.

Ignore it for the moment, when did you request CCA? You will have to stop payments soon and send the following: CCA Dispute / s.10 Cease & Desist

roadster wrote: »

Monument: If by activating the payment break plan am i acknowledging the debt or am i better off leaving it as Monument is unenforceable anyway. Could always extend it for 6 years till SB LOL but dont think i would get away with that.

I'd just stop payments, its going into a bottomless pit if you say it is unenforceable, have you sent the CCA and what did they send back?

roadster wrote: »

MBNA - nothing received at all will soon send final response letter

Just send this mate - end it now: Debtors Final Response

roadster wrote: »

Mint - They have issued their final response - Unenforceable anyway

LOL - ok, send this back at them mate: Debtors Final Response

roadster wrote: »

Halifax - they confirmed it is Unenforceable and will not chase till CCA found :T

Great - just ignore them from now on :T

roadster wrote: »

Citi - nothing received at all will soon send final response letter

Yep - send this: Debtors Final Response

roadster wrote: »

Thanks again for your help. Im with you on hating banks with a passion.