Unenforceability & Template Letters III

jen_br

can u confirm about digital signatures i basically just signed teh letter typing John smith (obviously using my real name) the bank said they can not accept this letter unless i sign it properly

I did provide my account number and address... please advise

jen_br

nm re-read info got answer

never-in-doubt

thepedestrian wrote: »

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

Yea - we know this - cheers though, appreciate the heads up

never-in-doubt

jen_br wrote: »

can u confirm about digital signatures i basically just signed teh letter typing John smith (obviously using my real name) the bank said they can not accept this letter unless i sign it properly

I did provide my account number and address... please advise

jen_br wrote: »

nm re-read info got answer

Your bank have no right to demand it - so send this to them again, using a font and not ink from a pen lol: Demand of your Signature

never-in-doubt

libbyjade wrote: »

Hi Niddy and your dedicated band of followers!! :wave:

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.

Well done matey - hang on in there and the results will start to flow.... :T :T

Pleased this one is sorted - only 3 to go :eek:

never-in-doubt

RobertO wrote: »

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?

Send a copy of the following, to both: CCA Query - Copy Document Supplied

never-in-doubt

RobertO wrote: »

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.

Hiya

Both MBNA 1 & MBNA 2 are unenforceable... Nice one :T :T

Send this, to both (so you need two copies): CCA Query

softie1

Hiya NID and all.

Appreciate all the extremely useful info. on here.

Before i send off CCA requests, in your experience is it likely that the following accounts will have proper copy agreements available:-

MBNA - opened in 1988

Bank of Scotland - opened in 2000

Cheers in advance.

never-in-doubt

softie1 wrote: »

Hiya NID and all.

Appreciate all the extremely useful info. on here.

Before i send off CCA requests, in your experience is it likely that the following accounts will have proper copy agreements available:-

MBNA - opened in 1988

Bank of Scotland - opened in 2000

Cheers in advance.

Hiya

Hard to say cos each agreement is different.... I have seen an MBNA one from 1990 enforceable and one earlier than that, unenforceable. The MBNA one is likely to be unenforceable only due to the age - but still, cannot guarantee anything..

Obviously if you bank with HBOS do not CCA them!

softie1

Thanks for the swift reply NID

Now i appreciate this is speculation, but i`d like to get some idea of the outcome in a worst case scenario, before i go down this route.
If i get unlucky, and both are enforceable, are there guidelines for amounts to be paid on a repayment plan? Is it a case of offering what i can afford, or are they likely to make a stipulation ie percentage of debt?

Have no bank accounts with HBOS so no worries there - phew