Unenforceability & Template Letters III

roadster

Locke wrote: »

Wow they just backed off?:eek:

Hi

I know unbelivable 2 letters and a quid. And not forgeting all the support and help from NID. Lets hope they dont produce one in a couple of years :eek:

underworld

Hi NID,

Great new thread

When you have the time I'd be grateful if you could have a quick butchers at the gumpf that Marbles have sent me. One is a copy of the application form with both signatures but no prescribed terms (I think), I've enlarged the passage above the signatures for you.

The other is supposedly a copy of my current executed agreement but with no signatures at all, not sure about this one.

As usual they say it's fully enforceable etc, etc.

I'd sooner trust your judgement though if it's ok with them

As ever, much appreciated.

http://s879.photobucket.com/albums/ab357/underworld_44/Marbles/

never-in-doubt

bobosh13 wrote: »

Hi NID, thanks for the great help you're providing.
I have a Credit Card and my question is: if the CC is Unenforceable, then how will it affect my Credit Rating?
At the moment it is good. I do not want to ruin it.
At the moment I have a mortgage and MBNA loan, never had any problems or late payments.
So if my Cr Card is unenforceable (that's what Kerobo are claiming it to be), will I have problems remortgaging in the future.
Please give me some advice.
Many thanks

Hiya,

as Roadster stated (quoted below) - you will invariably get defaulted so unenforceability is not for you :eek:

roadster wrote: »

Hi

Think NID will agree with me here - part of the unenforceability route is ceasing payments to your card provider, this will lead to them issuing a default ie - will stay 6 years on your credit file. Also why are you using a claims company when you can do it yourself for a quid ? If your worried about your credit file then this is not the route for you. If you read back and on the previous thread it will become clearer. Unenforceability & Template Letters II

Hope that helps

never-in-doubt

roadster wrote: »

Hi NID

Thanks for getting back

Monument - CCA req sent 7th Jan - reminder sent 22nd Jan - also im not making any payments as per your advice, the payment break plan (ppi) lets you take a payment holiday if you become unemployed, have a drop in salary etc etc, nothing gets paid off the balance it just freezes interest and charges for a set period. Not going to pay them if its unenforceable.
They first sent back a blank reply card with separate T&C current and from the time card taken out, so i sent of the querry letter, and they sent me a photo copy of the reply card i signed (my sig on it) there is nothing on there linking it to anything no prescribed terms etc so I guess this is unenforceable.

Barclaycard - as above same dates but nothing back at all. Also not paying them a bean as your advice - same kind of ppi payment break.

If you need to take a peek at what monument sent i can up load it in the morning for you. But im pretty sure its unenforceable.

So do you think i should extend the payment break plan another couple of months or am i acknowledging the debt.

Forever in your debt (unless its unenforceable) lol

Cheers as always:beer:

Mate as the payment plans are still within the last few months, just extend them - at least they cannot default you whilst you're doing that! BUT if you have no intention of paying, which right now you shouldn't anyway due to unenforceability - then no, don't bother extending it mate.

Also, you're right regards last post - a default is almost as definite as Rangers winning the SPL again this year :D:D

never-in-doubt

Locke wrote: »

Wow they just backed off?:eek:

I know - another one bites the dust! We're getting a good little clique of winners here - and that doesn't include the lenders :rotfl::rotfl:

roadster wrote: »

Hi

I know unbelivable 2 letters and a quid. And not forgeting all the support and help from NID. Lets hope they dont produce one in a couple of years :eek:

They won't - you can forget this account from here-on-in now mate :D:D

never-in-doubt

averageguy11 wrote: »

Its my smallest one..at only 1300 pounds

If you're willing to ruin your credit rating for £1300 - then you're mad mate! Sod that, sort a repayment plan out :D

Goodtimesahead

never-in-doubt wrote: »

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

NID, Please have a look at the CCA Thanks

http://s769.photobucket.com/albums/xx337/zzm59/?action=view&current=PostOfficeCCADec06013.jpg

http://s769.photobucket.com/albums/xx337/zzm59/Ari%2001/?action=view&current=PostOfficeCCApage2Dec06014.jpg

never-in-doubt

underworld wrote: »

Hi NID,

Great new thread

When you have the time I'd be grateful if you could have a quick butchers at the gumpf that Marbles have sent me. One is a copy of the application form with both signatures but no prescribed terms (I think), I've enlarged the passage above the signatures for you.

The other is supposedly a copy of my current executed agreement but with no signatures at all, not sure about this one.

As usual they say it's fully enforceable etc, etc.

I'd sooner trust your judgement though if it's ok with them

As ever, much appreciated.

http://s879.photobucket.com/albums/ab357/underworld_44/Marbles/

Mate the second page has the prescribed terms, linked to the first which is signed so that to me looks perfectly enforceable.

Its only a couple of years old right? The terms seem fine, as does the CCA that I assume came attached with the card being it has the card end date and credit limit etc?

never-in-doubt

Goodtimesahead wrote: »

NID, Please have a look at the CCA Thanks

http://s769.photobucket.com/albums/xx337/zzm59/?action=view&current=PostOfficeCCADec06013.jpg

http://s769.photobucket.com/albums/xx337/zzm59/Ari%2001/?action=view&current=PostOfficeCCApage2Dec06014.jpg

Mate that is one of the best agreements i've seen and to be fair to them, it is spot on. Sorry but it's 100% enforceable...... :mad:


p.s. how come you never thank me? ain't I good enough for one? :rotfl::rotfl:

averageguy11

If you're willing to ruin your credit rating for £1300 - then you're mad mate! Sod that, sort a repayment plan out :D

******************************************************************

My credit rating is runied mate..lol..like i said this is the smallest one, ive been on a dmp for three years...so my CR is shot to pieces..if u refer back to my original post they have all of a sudden not played ball with my inc/exp and batted me to a DCA .who promptly put me back again when they saw i was making reg payments..although ones that will take some time to clear the debt.

I have decided to take up the suggestion of sending a follow up, requesting they send me the full copy of the CCA (dont think it exists)