Unenforceability & Template Letters III

never-in-doubt

libbyjade wrote: »

Hi Mate,

Hiya matey - you ok?

libbyjade wrote: »

it's as if the lenders are hoarding the responses for everyone on MSE and are planning on sending them all out en masse to drown you in posts and force you into retirement! :rotfl:

Hmmm, I was thinking the same mate - but luckily I have "mates" like you around to keep me busy! :rotfl:

libbyjade wrote: »

I still haven't had a response from my letter to Capquest sent 15/03/10 - #592 I know it's great news not hearing from them, but is it likely they will send anything in response? (unless it is a dreaded enforceable agreement arggh! lol)

Nope, unless they send the blanket "this is enforceable" letter - which you just ignore after your final response. That is closure, they will issue a final response letter at which point, you have reached stalemate.

libbyjade wrote: »

I was overjoyed when I got that letter from apex saying the goldfish debt had been written off :T:T:T but am I right in assuming that this type of final response is pretty unique and the exception rather than the norm??

It is the normal response, when dealing with unenforceability - most lenders blag it and carry on writing saying they feel it is enforceable, but the point is it cannot go any further as they need the original agreement (which if they had, they'd have already sent you)....

You'll see several similar replies mate - plus loads more to come from all the people fighting on here :D

libbyjade wrote: »

What is the normal ending from lenders if they don't have a true CCA and you've sent a final response? Do they normally not reply and then we wait with baited breath for 6 years?

cheers matey.

See above, they must send you a final response in which case you respond in kind - with our version.... :p

Sorted? Yea? :o

never-in-doubt

jadex wrote: »

Hi,
Need some advice re doorstep visits.
I have sent letters to not do it (Threat of Doorstep Visit) from Page1 but it seems to not work as expected. Looks to me as DCAs are blatantly ignore it.
Can they do this? Oh yes, they can as I have no idea who they are.
Just had a visit: 2 guys turned up and (curiosity) they refused to tell me who were they (cheeky, innit, so I can't complain to anyone as I don't have a clue who they represend).
I refused them to answer any questions and they said: fine sir, thank you and bye.

What do you mean you have had a doorstep visit? Did they refuse to identify themselves? If they reappear then you now have the right to go outside, in front of them ring the police and tell them you have two weird men approaching you and you'll video it as evidence - you feel unsafe and threatened.

The muppets will soon identify themselves and/or walk away.... they have NO right to enter your premises or touch you..... the police will not know the law, so make sure you remind them of trespass and your right to refuse a visit, at home, and therefore it becomes trespass.

never-in-doubt

pebbles88 wrote: »

i feel sick to my stomach now :-(

Don't worry - they cannot do anything whilst they are in default of your s.78 request..... 10past6 will keep you sorted, but don't worry ok? They cannot do much at all.

never-in-doubt

Greekous wrote: »

Hi Niddy,

I've had a reponse from one of my creditors and they have sent me my CCA with a new set of conditions can they do that?

Yep they sure can, but they must send one set from the time of agreement and the most recent ones... so if they have recently changed, they must send you a copy....

Greekous wrote: »

I've also checked my CCA and it has the following statement under credit limit: "We will tell you from time to time the approved limit we have set and, if different, the individual Limit which you have chossen for the account." The account is with Egg and does state the APR's for purchase and cash advances, Egg have sent me a photo copy of the original agreemnt.

Note the red bold text above....

If it is egg, this is unenforceable - see here: Egg Card - CCA Flawed?

never-in-doubt

mojoparrot wrote: »

Hi NID
I have had a letter from Moorcroft who are chasing an Argos card debt. They have requested the CCA and are compliant with putting the debt on hold but have asked what I think the issues with the CCA are. As I'm not psychic I will have to wait to see the CCA. Should I put this to them in writing (in a more polite fashion) or should I ignore such a stupid request?

Thanks.

I'd ignore such a stupid request - you gotta laugh though right? :rotfl::rotfl::rotfl:

mojoparrot

never-in-doubt wrote: »

I'd ignore such a stupid request - you gotta laugh though right? :rotfl::rotfl::rotfl:

Thanks I thought so. :T:T:T

mojoparrot

never-in-doubt wrote: »

I'd ignore such a stupid request - you gotta laugh though right? :rotfl::rotfl::rotfl:

This process is such an eye opener. Lenders have no sense at all, it really shows you what an odd bunch they are:D:D:D:D

pebbles88

never-in-doubt wrote: »

Don't worry - they cannot do anything whilst they are in default of your s.78 request..... 10past6 will keep you sorted, but don't worry ok? They cannot do much at all.

thanks, its reassuring.... im just worried by the smiley now......

ive calmed down a bit, spesh when going back the letters received over the last few weeks.... triton....green & co etc... they all seem v similar, but im loggin a formal complaint with TPF now and the FOS, enoughs enough.

never-in-doubt

mojoparrot wrote: »

This process is such an eye opener. Lenders have no sense at all, it really shows you what an odd bunch they are:D:D:D:D

They try and scare you into submission, being honest a lot of people on here would have quit already and paid them if it wasn't for coming here first and realising we know more than they actually do....

Well, i'd think I certainly know more than most of them (not hard) - they are finding that out themselves on a daily basis - idiots! They must realise it is not acceptable to mislead us into believing they have an agreement when they in fact do not! Tsk - :rotfl::rotfl:

never-in-doubt

pebbles88 wrote: »

thanks, its reassuring.... im just worried by the smiley now......

ive calmed down a bit, spesh when going back the letters received over the last few weeks.... triton....green & co etc... they all seem v similar, but im loggin a formal complaint with TPF now and the FOS, enoughs enough.

The smiley was cos I didn't think I should smile/laugh at your post.... its an annoying confused smiley......

You'll be fine...... :D:D