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Unenforceability & Template Letters III

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  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    mojoparrot wrote: »
    You around NID:)

    Halifax - in their letter (B1) they say they sent a recon, but the box has your signature in it - is this your signature or have they simply cut/pasted it from another document?

    M&S - Is this your handwriting or that of the store assistant at the time? I presume it is your signature, but who filled the form in?

    They are both enforceable as things stand.... :( But won't be in 5 mins when i've studied them :)
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Numpty_Monkey
    Numpty_Monkey Posts: 14,196 Forumite
    10,000 Posts Combo Breaker
    Hiya

    send it back to the named person, I use dear sirs on templates cos it'd be impossible to name every staff member from every lender lol... basically, they are templates so of course they need to be amended and personalised.

    The best one, someone asked me the other day if they should leave the words "sign digitally" or replace it with their own name :eek: :rotfl:

    You mean you have to change it:eek::eek::eek:

    :p


    I sent off the final response thing:A
    PROUD TO BE DEALING WITH MY DEBT NERD #869
    Numpty,Not sure why but I'm crying :o . Of all the peeps on this board you're the kindest & most supportive of all & I'm :mad: & :( for you all at the same time . Wish I was there to give you a big :grouphug: & emergency hobnobs
    xx
    DFD 5/1/16
  • mojoparrot
    mojoparrot Posts: 181 Forumite
    Halifax - in their letter (B1) they say they sent a recon, but the box has your signature in it - is this your signature or have they simply cut/pasted it from another document?

    M&S - Is this your handwriting or that of the store assistant at the time? I presume it is your signature, but who filled the form in?

    They are both enforceable as things stand.... :( But won't be in 5 mins when i've studied them :)

    Halifax is my signature I tried to check to see if they had added the signature and I dont know. I dont recall signing I'm sure that the card was given to me over the phone. My mortgage at the time was with them. The odd thing is that the application is dated after the credit agreement.

    The writing on M &S is mine, The card was originally a store card but I thought they just sent the card through and that was all I knew. One day it was a store card the next a visa. The details are all correct for that time in my life.

    The problem with the M &S is that the solicitor closing down CCR has the SAR, which I paid for around April last year. The letters they sent at the time I think are all blag to make out they were doing the job. Apparantly some of my files have been found but I am waiting for them to be posted to me.:eek:
  • mojoparrot
    mojoparrot Posts: 181 Forumite
    NID bet you are going to be super busy as i was told by the closing solicitor that they had around 65000 cases to sort out in the CCR closure. :D:D
    I've never been scammed so royally:eek::eek::eek::mad::eek:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    mojoparrot wrote: »
    Halifax is my signature I tried to check to see if they had added the signature and I dont know. I dont recall signing I'm sure that the card was given to me over the phone. My mortgage at the time was with them. The odd thing is that the application is dated after the credit agreement.

    Ok, HBOS stated it is a recon, that means they have cut/pasted details so we'll have them for that but I need to go back and ask again, why and where are you saying it is dated different?

    You signed on 05.01.06 and they accepted you on 10.01.06. Is that what you mean about being different dates?
    mojoparrot wrote: »
    The writing on M &S is mine, The card was originally a store card but I thought they just sent the card through and that was all I knew. One day it was a store card the next a visa. The details are all correct for that time in my life.

    Yep as was the case with all customers, debenhams done the same a few years ago and upgraded all storecard holders to credit card holders - so they have utilised what is known as the variable agreement.

    However after checking in more detail (as promised) the M&S application has no mention of it being a variable agreement and the fact they changed products, means they should have sent you terms in place as at the time of change?

    Anyway, more on this later....
    mojoparrot wrote: »
    The problem with the M &S is that the solicitor closing down CCR has the SAR, which I paid for around April last year. The letters they sent at the time I think are all blag to make out they were doing the job. Apparantly some of my files have been found but I am waiting for them to be posted to me.:eek:

    Forget the past - I really do not want to see anything they send you, lol. I do prefer things to be started from scratch so as you do not have any confusion....

    Ive already found enough fault to make them both unenforceable :pbut just need clarity on points above :D:D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    mojoparrot wrote: »
    NID bet you are going to be super busy as i was told by the closing solicitor that they had around 65000 cases to sort out in the CCR closure. :D:D
    I've never been scammed so royally:eek::eek::eek::mad::eek:

    Haha - nah, I don't help everyone - only select few. I do not have the time to do this as a full time job. If so then i'd take Lloyds up on their recent job offer to defend UE claims for them - maybe Lloyds forgot I hate banks - I absolutely hate them and even £200k a year would not make me do such a thing! :(
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • mojoparrot
    mojoparrot Posts: 181 Forumite
    Ok, HBOS stated it is a recon, that means they have cut/pasted details so we'll have them for that but I need to go back and ask again, why and where are you saying it is dated different?

    You signed on 05.01.06 and they accepted you on 10.01.06. Is that what you mean about being different dates?



    Yep as was the case with all customers, debenhams done the same a few years ago and upgraded all storecard holders to credit card holders - so they have utilised what is known as the variable agreement.

    However after checking in more detail (as promised) the M&S application has no mention of it being a variable agreement and the fact they changed products, means they should have sent you terms in place as at the time of change?

    Anyway, more on this later....



    Forget the past - I really do not want to see anything they send you, lol. I do prefer things to be started from scratch so as you do not have any confusion....

    Ive already found enough fault to make them both unenforceable :pbut just need clarity on points above :D:D

    In my inexperienced (crossed) eye I thought that the halifax doc dated 10/1/06 was an application and the one dated 5/1/06 was the ageement.:o
    As to the terms for M&S I cant say with certainty that i didnt get a terms at the time. I deffo dont have it now:(
  • mojoparrot
    mojoparrot Posts: 181 Forumite
    The recon stuff that they sent first first dont have a signature.:mad:

    Lucky for us that you cant be headhunted:T:T:T:T
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    mojoparrot wrote: »
    In my inexperienced (crossed) eye I thought that the halifax doc dated 10/1/06 was an application and the one dated 5/1/06 was the ageement.:o
    As to the terms for M&S I cant say with certainty that i didnt get a terms at the time. I deffo dont have it now:(

    Ok, smart arsey lol.... you know what I meant. Still, you've now confirmed that those were the dates you've been referring to...

    Same outcome applies, you signed both copies on 05.01.06 and then HO received them and stamped the top one 10th Jan 06. I just had to clarify whether you were on about something different...... :D

    Ok, they are both unenforceable anyway based on things so far... give me 2 mins :p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    mojoparrot wrote: »
    The recon stuff that they sent first first dont have a signature.:mad:

    Elaborate please? Is the letter that mentions the recon NOT in relation to the two other pages you sent? (B3 & B4)?

    Now you're confusing me, are you holding back?
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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