Unenforceability & Template Letters III

Goodtimesahead

never-in-doubt wrote: »

Nah its best left well alone as it will classify as admitting the debt thus SB clock is reset.... with the above cases, unenforceability is entirely different to your sitting out game...

ummm, looks like back to sleeper mode then:D, its a damn long time this 6 years, far too long and very draconian, one might get less time for robbery etc Why doesn't anyone challenge the legality of this period, 3yrs would be more sensible, same as Bankrupcy term I believe?

never-in-doubt

Goodtimesahead wrote: »

ummm, looks like back to sleeper mode then:D, its a damn long time this 6 years, far too long and very draconian, one might get less time for robbery etc Why doesn't anyone challenge the legality of this period, 3yrs would be more sensible, same as Bankrupcy term I believe?

Read this: http://forums.moneysavingexpert.com/showthread.html?p=31445851#post31445851

Then the next couple of pages - look for my replies and you'll learn about the new Credit Directive which will do what you desire lol...

carol01

hi n.i.d and everyone
just thought i would bump here as it was on the second page such an important thread should be at the top

scarednshakin

Hi Niddy

Thought you might get a laugh from this one. Got a letter this morning from Lloyds, they have not supplied CCA but sent this out.

'I'm sorry for the delay in responding to your request. Unfortunately, we have recently received a high volume of such requests, but I can assure you that we will respond shortly to your request' - What a shame they are busy :cool:

Wonder if the advice given here would be the reason for the increase in requests :rotfl::rotfl::rotfl::rotfl:

Letter ends by saying 'I hope my response is acceptable to your, but if my response does not fully address your concerns, please come back to me.' and then 'As long as you're happy with the way I've dealt with your complaint, there's no need for you to reply to my letter. If I haven't heard from you within 8 weeks from the date of this letter I'll close my file'

Do they actually read what they put out, n does she really think she has answered my query when she still has to respond to it. In the words of Niddy - MUPPETS

Will wait and see if I do get a response, oh forgot to mention they want me to keep paying - mmm don't think so.

Speak to you soon

thechippy

never-in-doubt wrote: »

East mate - that is rate jacking and you refuse, then you pay interest at the original rate and the account is closed and made into repayment only.....

Hi M8....:D

Ta for the advice, but it's become principle / revenge now!
I'm sick of these muppets. Times are hard for some atm, so what do they do? - up the interest by 10%:mad:. Robbing thoughtless money grabbing Bar****ds.:mad::mad:

Also, I contacted barclays a while back to cancel ppi which I'm convinced was missold. Checked my statements today and they are STILL charging it.!!:mad::mad: I'm going to commence a ppi reclaim with them and cca them as well, along with citicards.

I don't care if they knacker my credit file, I can live without credit should I need to.

I've just had enough of the lot of 'em.....:mad:

swanfan02

never-in-doubt wrote: »

You leave them a month to find the CCA. Its unenforceable anyway so why rush them? Until they now supply it, the debt is unenforceable.

Hi NID, threatagram from MHA Collections today. Do i ignore them? I have not sent CCA Query T&C to Lloyds yet.

midastouched_2

never-in-doubt wrote: »

Hiya

Ok, the reason for the complaint is because you used the term "this account is dispute" which means under FSA rules they have to look into it and respond, which allows you the opportunity to obtain the "Final Response Letter" which is what you want, in order for the account to remain in stalemate because you feel it is UE and they feel it is enforceable so you need them to close it (with a final response) and then you send your final response back - from page 1 - which tells them the only way you will communicate again, is if they provide the original agreement. That way if they try and play silly beggars, you have proof that you told them you'd ignore them UNLESS... and you also have proof of delivery (when you send it recorded)...

Make sense?

Its all to comply with rules and paper trails mate - just trust me ok?

Regards to being worried, don't be - this is exactly what you wanted. An unenforceable account - which you currently have. Doesn't matter what the lender thinks - unless they have an original to bring to court they cannot do much! So stop worrying and enjoy your easter break...

Let me know any more updates but otherwise, you sit tight and let things slow down/pick up whatever.

Cheers :beer: :beer:

Hi Niddy.

Just got the final response letter from LTSB. Standard stuff really and I'll respond with your template letter on P1 (amended where necessary), - though a couple of paragraphs may need answering - namely:

"...Even in circumstances where an agreement may be unenforceable (which, for the avoidance of doubt, is not the case in relation to your agreement), you are still legally obliged to repay the money you owe to us, and the Bank is still permitted to demand repayment, report defaults to credit reference agencies, issue default notices and, where necessary, instruct debt collection agencies.

Finally, as you are using the services of a claims management company I would like to remind you of the recent warning issued by the Ministry of Justice and Citizens Advice Bureau. You can find more details about both at:..."

What do you think?

Have a great weekend mate :beer:

Midastouched

carol01

never-in-doubt wrote: »

Hiya

Nope - you have proof of postage, hold fire a wee bit longer. Bear in mind you only see that it has been delivered once they update but the main thing is you have proof you sent it.

Leave it until about 4 weeks then send the reminder letter.

Did you post to Lovell Park (Leeds) or Cardiff....?

Hiya n.i.d and everyone
guess what! i recieved a letter from halifax today :jeven though it is still is still swimming around in the sorting office (well thats what the post tracking says) BUT i have put a wrong digit in for my account number :mad:
they have sat on this letter since the 23/03/10 and have now asked me to rewrite my requsr with the correct account number on it i put a 3 instead of an 8 .so my question is do i resend again starting with the 12+2 days thanks in advance

Locke

never-in-doubt wrote: »

Hiya matey - that letter looks remarkably like one I seen the other day! Oh, come to mention it, i've seen it about 15 times now! :rotfl: It is their standard response.... see here: #879 - my reply was here: #886

So I guess you could use the letter I done for her, being she's not been back to check! Charming eh? Anyway, i'm sure you'll find most parts are relevant - so go for that, just tweak it if there is anything NOT relevant.... #886

Hi NID.

I've received the same standard response from Barclaycard today too, InDeepDebt predicted I would from the last letter I posted.

Is it ok to use the letter you wrote at #886 as a reply?:D

BeenieCat

Received a letter from Capital One this morning

Capital One CCA - front

Capital One CCA - back

They sent me two copies, both signed on different dates - but both the same. I've scanned it but the quality they sent was pap, sorry.

Looking at Emma29's links here #966, her 1st link is the same but i don't have what she got in the 2nd link? You replied to her #974.