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Unenforceability & Template Letters III

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  • smifff_2
    smifff_2 Posts: 37 Forumite
    Part of the Furniture Combo Breaker
    Thanks NID, will ignore.

    All the best.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    in_to_deep wrote: »
    hi nid
    got reply from barclaycard same letter as post 879 after sending your letter 4 cca dispute can i send your reply post 886. if that ok with you? copy right an all that.:rotfl:

    Haha - yea, go for it.... Barclays (and the others) must know that we know they are sending blanket responses? They are soooo thick!

    maybe they need to join here and let me teach them a thing or two about the CCA, yea? :rotfl: :rotfl: :rotfl:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Just to say glad you had a good weekend with your fellow sporan swingers:rotfl:

    Mate - you're bonkers :rotfl: :rotfl:

    My trip was great - would deffo recommend :p:p

    Have fun dahn souf won't you geeza - and be careful, lots of meanies in London - its bigger than Leeds you know! :eek:

    Take care - catch you soon matey :p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Wicca303
    Wicca303 Posts: 73 Forumite
    Sorry maybe I missed that (the text at the top was hard to read) - can you confirm does it say on the form at the top in large bold writing anything along the lines of:

    "Credit Agreement Regulated by the Consumer Credit Act 1974"

    If so then it will be enforceable, if not then scrap my last advice and send CCA Query

    (sorry I never even thought to look for that!) :D


    It does say it but not in large and bold. The largest wording is at the top right of the page and says CARD APPLICATION. But the other bit is underneath it in much smaller font. Have sent you an email with a close-up of that section of the form.

    Thanks again for all your help. :beer: Will have to buy you a pint sometime.
  • Thanks NID and 10past6,
    I'll just leave things alone for a while and see what happens next :cool:
    Hopefully nothing !!!!
    Appreciated as ever :T
  • RobertO_2
    RobertO_2 Posts: 11 Forumite
    Hi Niddy

    I’ve just received the executed agreements for two of my MBNA cards. Would it be possible for you to take a look at them and let me know if they’re enforceable? I’ve sent them to your email.

    I’ve also had a response from Halifax and HSBC regarding my CCA requests. Both of them have supplied me with a reconstituted version. However HSBC have stated in their letter that they have varied the agreement and I am 80% sure that Halifax have also varied theirs. From one of your previous posts you said:
    They always need an original CCA to present to the court - my signature spells that out, s.127 and s.65 protects you. When you have a varied agreement, they must supply the original CCA, the original terms and the variable terms - if any of the trio are omitted then no formal action can be taken.
    At the moment I’m not sure of what letter to send them both (Halifax and HSBC). Any ideas?

    Thanks in advance.:T

    RobertO
  • Hi there NID

    You wont remember my post as you do so many but i was challenging barclaycard for my signature

    here is the first post
    forums.moneysavingexpert.com/showpost.html?p=31029655&postcount=879
    and your reply letter
    forums.moneysavingexpert.com/showpost.html?p=31029655&postcount=886

    there response came today in for form of a demand via a collection agency Calder Financial (Collections and legal debt recovery) demanding for a payment of £260.03 or legal action and the rest later it seems as tho they have ignored the letter. what do i say to these now? I'm lost they still have not responded with a correct copy of my agreement?


    Regards and thanks again

    Little Miss Knuckles
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Hi there NID

    You wont remember my post as you do so many but i was challenging barclaycard for my signature

    here is the first post
    forums.moneysavingexpert.com/showpost.html?p=31029655&postcount=879
    and your reply letter
    forums.moneysavingexpert.com/showpost.html?p=31029655&postcount=886

    there response came today in for form of a demand via a collection agency Calder Financial (Collections and legal debt recovery) demanding for a payment of £260.03 or legal action and the rest later it seems as tho they have ignored the letter. what do i say to these now? I'm lost they still have not responded with a correct copy of my agreement?


    Regards and thanks again

    Little Miss Knuckles


    Hiya

    send a copy of your last letter along with this to the DCA: Account sold whilst in Default of CCA Request
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • libbyjade
    libbyjade Posts: 180 Forumite
    Hi Niddy and your dedicated band of followers!! :wave:

    I'd just like to say a huge huge thank you for the advice and help you have given me regarding my quest for unenforceability.

    I have received a response from Apex in reply to your sterling letter to them post #1006

    It reads: I would like to confirm that you will receive no further correspondence from Apex Credit Management regarding your goldfish account. I can confirm your account has been written off by Apex Credit Management. Despite repeated requests from Barclaycard for a true and readable copy of your original credit agreement we have not been able to obtain such a copy.

    I trust the above meets your approval.

    Erm......, no apology but I think I can live with that for the sake of £5k:rotfl::rotfl:

    1 down 3 to go. But a huge huge thank you once again mate.

    For everyone else in pursuance of a similar outcome - keep the faith!!
  • a collection agency Calder Financial (Collections and legal debt recovery)


    look at the tiny tiny print at the bottom of the letter - Calders ARE Barclaycard
    As Martin says - please be nice - there is no such thing as a stupid question ! ;)
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