Unenforceability & Template Letters III

never-in-doubt

I_Love_Crisps wrote: »

Hi Nid, still doing a great job I see! my card company sent me the first proper scary letter today saying I have 28 days, or Debt Collectors, default etc...of course they still haven't sent me the proper cca!

This letter does get me a bit but I guess I just ignore it, as they have the final letter off me?

Cheers...

Just ignore anything they send - they cannot take any action against you..... do not give in and weaken at the knee's, you've already won!

never-in-doubt

mojoparrot wrote: »

Hi NID

Dont know if you remember the post I put on a week ago about my mum receiving someone else's CCA from M & S. I sent them the breach letter with this addition:

Thank you o wise and witty guru:A:A:A

You just sit and wait, do nothing - they can add charges all day long - you won't be paying them! :rotfl::rotfl:

never-in-doubt

broccoli9 wrote: »

Following what we have read here and thinking about the dire state of our debts we sent 3 x CCA requests off to Capquest on 18th March. Having not received anything back at Easter we then sent the CCA Reminder letter template off.

Excellent - well done for following the thread so far :T

broccoli9 wrote: »

Today I have received a reply from Capquest with a photocopied document which they say provides what we are looking for and asking us to pay up. The document they have sent appears to consist of three different documents which have been placed together and photocopied. The top section just has our name and address, the middle section is from the application form but only shows(in my partners writing) his date of birth, tel no, tick boxes for employment details and that we didnt want the payment protection and then the bottom section is the few paragraphs of Credit Agreement regulated by the consumer credit act 1974 which details how they determine through credit scoring and information and marketing etc. There is then a box for their signature which apears to be a stamp signature which has been stamped over the paragraph above (so you cant read it) and then a box for my partners signature and the date Jun 02.

And thats it!

Yep - they have sent you a reconstituted version, this means they do not have the original

Send this back to them - CCA Query - Copy Document Supplied

broccoli9 wrote: »

I thought it had to have credit limit and terms and conditions etc.....

See here: Is my Agreement Enforceable - No Credit Limit Showing
Read my FAQ, page 2 - here Frequently Asked Questions - Unenforceability Related

broccoli9 wrote: »

does this mean that this may be unenforceable? Do I send the CCA Query letter now?

Yes send this - CCA Query - Copy Document Supplied

never-in-doubt

scarednshakin wrote: »

Hi Niddy

Just wondered if you had a chance to look at the PM I sent you about the BOS letter I received. Sorry it was such a mess but have managed to sort out the scanner now. Will I just leave this and wait for a reply to last letter I sent?

Thanks for looking at this for me and I think there would be a long list of people wishing to proclaim our love to you and 10past6, all your help gives us all our lives back :beer:

Can you resend the PM please - I had sooo many earlier I just deleted everything mate - sorry..... I may have an email from you actually, I spotted some earlier but will sort tomorrow night - or maybe later (if not too tired) - are you speaking about the emails mate? If so, no need to resend...

Aaaaw, thanks mate :beer::beer::beer:

never-in-doubt

mojoparrot wrote: »

Maybe he should go for the CCA then?:T:T

Most definitely not! Not unless he wants to be defaulted :eek:

mojoparrot

never-in-doubt wrote: »

No! You never ring anyone!

You send the following letter (to both DCA's), with a copy of your "chaser" letter that you said you sent to HBOS....

--- Account sold whilst in Default of CCA Request

Thank you for the advice will do:T:T

scarednshakin

never-in-doubt wrote: »

Can you resend the PM please - I had sooo many earlier I just deleted everything mate - sorry..... I may have an email from you actually, I spotted some earlier but will sort tomorrow night - or maybe later (if not too tired) - are you speaking about the emails mate? If so, no need to resend...

Aaaaw, thanks mate :beer::beer::beer:

Hi Niddy

Yep it was the emails I was talking about, no hurry just when you have a mo. Have a fab weekend and don't work too hard

never-in-doubt

scarednshakin wrote: »

Hi Niddy

Yep it was the emails I was talking about, no hurry just when you have a mo. Have a fab weekend and don't work too hard

Hey up mate - while you're here i'll check now for you..... give me 5 mins yea?

:beer:

shed_head_2

The letter "default notice" is the key to how you proceed, as I mentioned it's important to check whether one was issued one or not.

Been through the house have found all cc bills till 21 august, letter from ftc notifying of door step collection in sept, frediricson in nov and again in december and then again in jan, then a solicitors letter in marh then a court document. Nothing about a default notice. (that I can find) I do have a notice of default sums that was sent 21/05/2009.

I was in bank charge hell at that point. All my payments were bouncing and then the charges were applied and then the payments bounced.... and so it snowballs. I finally spoke to my mum in october, she lent me the money to put in the account to pay the charges so that I could pay the bills and stop the charge process after paying £360 charges in total in the month of sept. (feeling very stupid at this point that I didnt take charge a year ago)


Yes I think I have a case for a claim for miss selling PPI, The card was opened in 2006. I was not working at that time and only returned to full time employment in January 2010. I was working three days a week on a temporary basis from sept 2009. As such I would nopt have been able to make a claim on the insurance as I was not working 16 hours a week. (As I understand it that is). But in answer to your question no I have not sent off the claim letter yet. It was to be my easter holiday project.

I have sent you a pm with the other info you requested.

Thank you

Shed

shed_head_2

never-in-doubt wrote: »

No! You never ring anyone!


I am thinking this may be a silly question before I ask, but why do you never ring anyone?

Shed