Unenforceability & Template Letters III

mojoparrot

never-in-doubt wrote: »

Let them go for a CCJ - when you get the paperwork through for it, let us know and we'll get it struck off for you

(10past6) :rotfl:

Thanks NID and 10past6. Will PM you later as my mum and I have had a very eventful 12 months caught up with a debt management firm that has now been shut down for doing sweet FA with our cases. As we were burned we have decided to keep control and go through the process ourselves. Its been a saga and would appreciate your take on things.:T:T

mojoparrot

CCA wise of course!!!

carol01

never-in-doubt wrote: »

Hiya

Great news - this will all get wiped, they cannot just add a default - tut tut - nawty Argos.

See what they say, but really you want them to try and take as much action as possible then defend it (with our help) as this means they cannot do it again (i.e. one debt = one default).....

Just see what Argos do - thanks for clarifying the details, I understand - more to the point, you keep everything which makes life soooo much easier when proving them WRONG!

hiya again
i had a phone call last night and another one now from moorcroft telling me my account is in arrears (i have only just paid them by direct debit ) 90.00 on 28/03/10 (which is up to date ) next payment is not due till 28/04/10 they have already told me they will not seek to enforce payment of this debt :mad: so why are they still phoning. should i send them the harrassment letter to stop them from phoning. moorcroft reckon i will keep getting phone calls until the account is back up to date (which it is ) starting to think my bank is giving jelly beans out instead of money so many things are wrong lol:(

libbyjade

never-in-doubt wrote: »

Hiya matey - you ok?

I'm good thanks, taking the kids camping to cumbria on Fri for 5 nights :eek: what?? Of course I'll take sun cream with me!!:rotfl:

never-in-doubt wrote: »

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

[STRIKE]sarcastic[/STRIKE] funny aren't you!! You still keeping yourself occupied matey?

never-in-doubt wrote: »

Sorted? Yea? :o

Thats cool. Altho crappy 1 sent me a final response, my beef is now with Crapquest and whilst their most recent letter (prior to my final one) said it was enforceable, it didn't state it was their final response. So I'll sit tight again :cool:.

Cheers pal.

cejsmith

I had a phone call from Moorcroft yesterday which I thought was about egg, but when I got home there was a letter from them and it appears to be about Barclaycard ( so many unenforcable credit cards so little time:eek:)

What letter should I send them to cause maximum time wastage on there side, I did SAR Barclay card and they don't appear to have a copy of the CCA.

Thanks

evilcartman

I've just had a letter from Egg where they are really trying it on about a reconstituted agreement that they recently sent.

I am still letting them take the minimum payment by direct debit at the moment, although I can ill afford to do so.

They say: "Our position is that you have received the credit facility in relation to this facility and you remain liable for the debt. You should continue to make your contractual payments in accordance with the terms of your agreement."

They go on to say that "failure to meet your contractual payments" will result in reports to the CRA and "contact from our Collections Department".

They go on to say that if I do not respond with my specific written reasons for the agreement being unenforceable by a specific date, they will close my complaint file.

I couldn't give a rat's hindquarters about their complaints procedure. This is a matter of law. But how should I respond to this? The document they sent was a copy of one page of the application form plus copies of the current terms and conditions.

never-in-doubt

carol01 wrote: »

hiya again
i had a phone call last night and another one now from moorcroft telling me my account is in arrears (i have only just paid them by direct debit ) 90.00 on 28/03/10 (which is up to date ) next payment is not due till 28/04/10 they have already told me they will not seek to enforce payment of this debt :mad: so why are they still phoning. should i send them the harrassment letter to stop them from phoning. moorcroft reckon i will keep getting phone calls until the account is back up to date (which it is ) starting to think my bank is giving jelly beans out instead of money so many things are wrong lol:(

Hiya

You need to be sitting it out - no more letters, just record the dates and times of the call and get a staff name if you can.... then hang up and say nothing to them.

So when they call and say "can I speak to carol01" you say - speaking, who is this?

If they refuse to tell you simply say, ok bye. hang up. If they tell you they are from moorcroft, say "what is your name" - then you hang up..

we'll deal with the harassment later, the more the better it makes your case. This is a balls up in every way possible and to be fair you will now be claiming compo from both Moorcroft and Argos for this...

Just sit tight until end of April, and make the payment as agreed. If nothing back from argos come back to me and we'll move onto formal demands and letters to the FOS/FSA/TS/OFT/ICO - the bloody lot of them! lol :rotfl: :rotfl:

never-in-doubt

cejsmith wrote: »

What letter should I send them to cause maximum time wastage on there side, I did SAR Barclay card and they don't appear to have a copy of the CCA.

Thanks

Just send the final notice letter - that tells them you're finished with them until they show you an original lol

never-in-doubt

evilcartman wrote: »

I couldn't give a rat's hindquarters about their complaints procedure. This is a matter of law. But how should I respond to this? The document they sent was a copy of one page of the application form plus copies of the current terms and conditions.

Right, don't worry too much about Egg - send this off: Debtors Final Response - CCA Received

Then ignore them. I bet it has the words "approved limit" as opposed to "Credit Limit", right? :rotfl: If so see here - but do not action anything from this thread, it is only so you can see the flaws: Egg Card - CCA Flawed?

evilcartman

never-in-doubt wrote: »

Right, don't worry too much about Egg - send this off: Debtors Final Response - CCA Received

Then ignore them. I bet it has the words "approved limit" as opposed to "Credit Limit", right? :rotfl: If so see here - but do not action anything from this thread, it is only so you can see the flaws: Egg Card - CCA Flawed?

Oh, nice one NiD!

It does indeed have those words. :rotfl: :beer: