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Unenforceability & Template Letters III

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  • mojoparrot
    mojoparrot Posts: 181 Forumite
    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
    lol, sorry to make more confusion:o Now thats something that I am an expert in :)
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    mojoparrot wrote: »
    :eek:

    Right, as things stand we're having to reply on technicalities and nothing else. As follows:

    M&S - This is an application and luckily, does not refer to variable terms. As you've rightly noticed yourself, there should have been a variable agreement sent with the change of card. However until such time they provide all that is required (original CCA, variable CCA, Original Terms & Variable Terms) it is unenforceable.

    Send this to them: CCA Query

    HBOS: Junk - means nothing - send this: CCA Query - Copy Document Supplied
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • mojoparrot
    mojoparrot Posts: 181 Forumite
    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?

    I'm confusing myself too, I sent off for the CCA was sent back a recon version, then sent the recon letter (3-3) and then got back the docs you have. :o
  • mojoparrot
    mojoparrot Posts: 181 Forumite
    Right, as things stand we're having to reply on technicalities and nothing else. As follows:

    M&S - This is an application and luckily, does not refer to variable terms. As you've rightly noticed yourself, there should have been a variable agreement sent with the change of card. However until such time they provide all that is required (original CCA, variable CCA, Original Terms & Variable Terms) it is unenforceable.

    Send this to them: CCA Query

    HBOS: Junk - means nothing - send this: CCA Query - Copy Document Supplied
    oK Thanks for that, I'll keep my fingers crossed for the M &S:D
  • dibs69
    dibs69 Posts: 53 Forumite
    Thank you for your reply , sorry i ment cca not coa, i could not pay the full ballance every month on the card ,so lloyds told me to pay £12 a month 3 years ago , i now got a letter to say your plan had ended and i need to start paying the full payment so i wrote and told them i could not and thay still charged me full payment that i did not pay, and then thay sent me a form for income and offer of how much i could pay them a month, but i allready sent cca and reminder , thay must have defaulted me 3 years ago coz my credit is not good, and letter saying to pay £10 while my account gose to dept recovery so i dont understand what thay are doing thank you for your help
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    dibs69 wrote: »
    Thank you for your reply , sorry i ment cca not coa, i could not pay the full ballance every month on the card ,so lloyds told me to pay £12 a month 3 years ago , i now got a letter to say your plan had ended and i need to start paying the full payment so i wrote and told them i could not and thay still charged me full payment that i did not pay, and then thay sent me a form for income and offer of how much i could pay them a month, but i allready sent cca and reminder , thay must have defaulted me 3 years ago coz my credit is not good, and letter saying to pay £10 while my account gose to dept recovery so i dont understand what thay are doing thank you for your help


    Hi

    sorry, can you be a lot more forthcoming - am I right to assume you requested the CCA (if so what date?) and they have spent the £1 you sent with it, on the debt?

    When did you send the CCA Request and to whom did you send it to?

    Have you seen your credit file, is the status of account showing as a default?

    Any other defaults, or just this?

    Stop being vague, I do not have the time to extract answers - you need to speak and speak lots! :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • dibs69
    dibs69 Posts: 53 Forumite
    edited 12 April 2010 at 10:01PM
    ok, i requested cca on 1/3/2010 plus sent £1 and then reminder 1/4/2010, sent to lloyds tsb collection centre i think thay have spent it on the debt that have been taking my £12 a month for the last 3 years,havert seen credit file there is 1 more but havert herd from them in over 1 year and i have had a move since thank you
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    dibs69 wrote: »
    ok, i requested cca on 1/3/2010 plus sent £1 and then reminder 1/4/2010, sent to lloyds tsb collection centre i think thay have spent it on the debt that have been taking my £12 a month for the last 3 years,havert seen credit file there is 1 more but havert herd from them in over 1 year and i have had a move since thank you

    Hi

    Nope, you're still not being forthcoming enough but based on what you say i'd suggest waiting another 2 weeks then send this and move on: CCA Dispute / s.10 Cease & Desist
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • swanfan02
    swanfan02 Posts: 1,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    swanfan02 wrote: »
    Hi NID need some advice. Hope i'm posting in right place. CCA'd 4 credit cards. 2 have not replied yet. 1 i have sent reminder CCA to them. The other CCA was sent to Debt Managers who sent it back to Barclaycard. B'card have now passed it on to Robinson Way. Which letter should i send to them, CCA reminder?
    Hi NID Have had no response so far from Barclaycard/Robinson Way or MBNA/Experto. 30 days have now passed since i sent CCA reminder, should i now send next letter to DCAs or should i wait a bit longer?
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    swanfan02 wrote: »
    Hi NID Have had no response so far from Barclaycard/Robinson Way or MBNA/Experto. 30 days have now passed since i sent CCA reminder, should i now send next letter to DCAs or should i wait a bit longer?

    Hiya - send this: CCA Dispute / s.10 Cease & Desist :D

    You're not paying are you?
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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