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Unenforceability & Template Letters III

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  • Hi me again and a pain in the bum I know, but I am new to this I am sorry....I will send an offer of £150.00 by post and say my circumstances have changed since I made the offer and work from there.
    With Link I only aked if they had the information about the original loan by phone so maybe would a request formally by letter starting with the first template, would this be better? also should I also send one to Lloydstsb aswell or just leave it to link to track down thanks again.
  • hi,
    we've followed your advice (niddy) but i'm little confused regarding one debt. it has been now passed to a dca (no problem) but it is now also a ccj.... does this make any difference ?? bloody hope not, it's one of the larger amounts ...
    many thanks
    justin
  • BLT_2
    BLT_2 Posts: 1,307 Forumite
    Hiya

    Lloyds Credit Card = Unenforceable - send this: Debtors Final Response - CCA Received

    Lloyds Loan = Enforceable. You need to agree to a repayment plan i'm afraid.

    Egg Loan = Questionable. See below.

    Can you confirm, was the signature strip signed or sent to you blanked out like my copy is? Is their signature showing in the box above (that I cannot see)? Is there a page anywhere with a tick-in-the-box? Did hubby ever remember signing an agreement or was it done over phone and then the funds released without him having to return a signed agreement - doesn't matter if he did sign or not, I need to know whether the funds were issued after he applied on the phone or whether they were issued after he sent back paperwork?

    I'm not sure if this is allowed but having read through these threads I would just like to say that Never In Doubt is to my mind 'the dogs bollox' - so much free advice and hard work for so little reward.

    I wish I had found this thread when I owed big bucks
  • mojoparrot
    mojoparrot Posts: 181 Forumite
    Hiya

    I'll go log in now - sorry had to sort out a few "issues"...... :D


    So I see!!:eek::eek:
  • justanrach
    justanrach Posts: 10 Forumite
    justanrach wrote: »
    hi,
    we've followed your advice (niddy) but i'm little confused regarding one debt. it has been now passed to a dca (no problem) but it is now also a ccj.... does this make any difference ?? bloody hope not, it's one of the larger amounts ...
    many thanks
    justin

    oh... just to let everyone know,
    caboot wrote back the other day (just inside the 14 day period) and explained they can not find the originals of our CCA, x2, so will no longer take our hard earnt money !! yeee haaa !!!
    so it can work, to all those that think it can't.......
  • mojoparrot
    mojoparrot Posts: 181 Forumite
    _pale_ Dreading your verdict NID
    scared to switch on the PC :(
    Back on later _pale_
  • evilcartman
    evilcartman Posts: 69 Forumite
    edited 12 April 2010 at 12:29PM
    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?

    NiD, I was about to send off the above letter by special delivery and have just received yet another bluff-and-bluster letter from them. This one claims they provided a "true copy" (which we know it isn't) under the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations and in Carey v HSBC. That's jolly nice of them because of course your letter totally pwns them on those points. :rotfl:

    Just to clarify, should I send this letter to the "customer relations adviser" or just have a generic "Dear Sirs" like in your letter? I just want to be sure it'll go to the right person.

    Also, they repeatedly tell me I have a set amount of time to refer the matter to the Financial Ombudsman Service. Should I take them up on this kind offer or is it, as I suspect, an attempt to lead me into a procedural cul-de-sac that lets them off the hook? My position is that this is a matter of LAW and should be dealt with by the courts.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    First glance - all are enforceable, let me look into it properly, last night I got preoccupied and you went offline so I left them! I need you around - try and stay online when I am so we can CHAT about what you sent me! :j
    mojoparrot wrote: »
    _pale_ Dreading your verdict NID
    scared to switch on the PC :(
    Back on later _pale_
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Hi me again and a pain in the bum I know, but I am new to this I am sorry....I will send an offer of £150.00 by post and say my circumstances have changed since I made the offer and work from there.
    With Link I only aked if they had the information about the original loan by phone so maybe would a request formally by letter starting with the first template, would this be better? also should I also send one to Lloydstsb aswell or just leave it to link to track down thanks again.

    Why are you speaking to them on the phone? No more - we do not speak to them on the phone ok? All done in writing and of course you need to request it in writing!

    {Rhetorical} Tell me the last time a court case was won based on a phone call with no proof of what was said :think:

    They will agree to almost anything over the phone, it means nothing! YOU MUST DEAL IN WRITING ONLY!

    Yes, send the CCA Request and £1 off to them! :(
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 12 April 2010 at 7:32PM
    justanrach wrote: »
    hi,
    we've followed your advice (niddy) but i'm little confused regarding one debt. it has been now passed to a dca (no problem) but it is now also a ccj.... does this make any difference ?? bloody hope not, it's one of the larger amounts ...
    many thanks
    justin

    Hiya

    Sorry, i'm lost!

    You need to elaborate and elaborate a lot as well lol.

    How has a debt just become a ccj - that cannot happen, they MUST have told you? Please go into detail - lots of detail......:D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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