Unenforceability & Template Letters III

never-in-doubt

Rainbow_Liberty wrote: »

What should I be looking for on my credit file. I'm registered with Checkmyfile if you want me to check anything out

Hiya

No, check your file is junk - I need you to get a hard paper copy of your credit files from the real credit agencies, i.e. Experian & Equifax - read my thread here Credit Reference Agencies and send off for those asap - while you're waiting for the CCA's to come in yea?

How to obtain your credit file:
You have the right to write to any of the credit reference agencies and ask for a copy of your credit reference file, which will cost you £2.

Your letter should include:

• your full name -also any other names you have been known by e.g. your maiden name;
• your full address including postcode;
• any addresses where you have lived over the past six years;
• your date of birth; and
• a cheque or postal order for £2 made payable to the credit reference agency.

You should keep a copy of your letter and you may want to send it by recorded delivery. The credit reference agency has 7 working days to send you your file after receiving your letter and fee. Sometimes the credit reference agencies need more information from you before they can send you your file. For example, they may need proof of your name and address from a utility bill or bank statement. This is important to make sure that no one else gets your file by mistake or to check that no one else has fraudulently applied for your credit reference file. The agencies do not have to send you your file until they get this information.


The addresses of the credit reference agencies are:

Equifax Plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US

www.equifax.co.uk

Call Credit Plc
Consumer Services Team
PO Box 491
Leeds
LS3 1WZ

0870 060 1414
www.callcredit.co.uk

Experian Ltd
Customer Support Centre
PO Box 8000
Nottingham
NG80 7WF

0844 481 8000
www.experian.co.uk

Rainbow_Liberty

never-in-doubt wrote: »

Hiya

Lol, thanks

Ok, so you're on track here the only thing is you cannot CCA overdrafts or gym memberships so wait and see if and what they respond with. Regards to the others, great - you're on track.
The CCA were for loans & credit cards only, I've sent the charges letters about the overdrafts.


Can you confirm, are you paying the £1 nominal sums monthly yourself, via DD/SO or through a DMP?
I had tried to go through the CCCS in 2002, spent ages on the phone with them and they helped to do my financial statement but as I only had £5.11 available to repay in a month they wouldn't do any kind of debt plan. I wrote myself to each of the companies and made the offer of £1 (& 11p) which thankfully they all accepted.

You sent the CCA's on 25th March, they are already defaulted now. However, as you never sent recorded you have no proof if they were sent or received. They will realise this and bin them - learning curve point 1 - send everything recorded, I mean everything from now on in ok? Whatever you send to these scum, you must send it recorded.
Should I cancel the cheques then and re-issue the letters to all concerned apart from Robinson Way obviously and send them recorded or should I wait abit longer


So, give them til the end of April then contact me - but suffice to say you will have to cease repayments this month, after you have paid April then that is it - no more.
Do you mean stop paying the £1 to everybody as well or just the 11p that I have been paying - bit confused at this point

Still happy? Trust me?

Yes very happy, little confused but very very happy thank you

Rainbow_Liberty

never-in-doubt wrote: »

Hiya

No, check your file is junk - I need you to get a hard paper copy of your credit files from the real credit agencies, i.e. Experian & Equifax - read my thread here Credit Reference Agencies and send off for those asap - while you're waiting for the CCA's to come in yea?

I will get those posted out tomorrow - by the way I pay for Checkmyfile as a direct debit but don't know how to cancel it

never-in-doubt

Rainbow_Liberty wrote: »

I will get those posted out tomorrow - by the way I pay for Checkmyfile as a direct debit but don't know how to cancel it

Contact them and cancel it and also contact your bank....

Regards to other queries, no leave cheques to go through and wait til the end of April then come back to me and we'll move forward from there.....

Yes, as they are all in default of your s.78 request, then you cease repayments totally - BUT not til May payment is due.... therefore pay April and cancel the DD/SO whatever that you have in place for everyone... regards to the Gym, we'll deal with that later.... carry on paying them. I need more info on this and we'll get them using Unfair Terms (CPUTR)

More on the gym later

Happy (ier)?

Rainbow_Liberty

Will do, letters will all get sent tomorrow RECORDED, will reinstate gym's 11p S/O and arrange final payments for the others.

Off to bed now, baby will be awake around 7.30........

Thanks for everything, so far so good

jadex

Regarding my post #1111 and the reply from niddy #1120

Originally Posted by jadex
Well, well...
One of the biggest banks in the world has responded to my CCA request.
What they've sent me is (I believe) 99.9% unenforceable as it is an application form with no prescribed terms.

Do they really think/believe that they are law unto themselves?

LOL - that's about right, don't expect anything less (was it HBOS or Barclays then?)......
Send this: CCA Dispute - Forged Document Supplied

It was HSBC.
I sent them relevant letter and they have replied with:
The information detailed on the reconstitued agreement is confirmed by the enclosed statement
(basically they are saying they could put any of my later addresses on application form, even the current one - I doubt they can..., as it would be the case of time machine).
Then they go on with utter rubbish:
We have complied with the requirements of section 78 of CCA. In particular we have supplied copies compliant with Regulation 3(2)(b) of bla, bla
So they have complied in their eyes by sending forgery to me? By sending application form without prescribed terms, with one of my later address, without any date, signatures, terms and conditions, etc? Are they serious? Is the person who signed the letter fully aware of what is she doing?
Further, regarding me asking them for closing the account and writing off the balance to save them on misery, bad publicity, legal costs, etc., they responded:
With regard to your request (it wasn't a request, just suggestion) concerning closing account and refunding charges (there was nothing about charges in my letter to them), please be aware that the effect of unenforceability under the CCA, and such unenforceability we aver do not apply in this case (so they are now Judge and Jury?), is to prevent a lender from enforcing the credit agreement in court. It does not render the credit agreement void. (I have not said that anywhere, though, as I am fully aware of this).
I trust I have now clarified the bank's final position on this matter.

So it is their final response.
They basically have just issued judgment, account is enforceable and sod off. Period.

Nothing about account being disputed.
Nothing about their detailed reasons to continue to process my data.

In my letter to them, there was a sentence:

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not add further interest or any charges to the account.

Yet, just only today I received statement with added interest, £12 late payment fee and £12 overlimit fee.

mojoparrot

:T:Tbusy busy last night NID!:T:T

so many CCA's so little time:D

thepedestrian

Wimped out about tackling Barclaycard over my debt - was being worn down by Calders ringing and sending red letters up to 3 times a week - so settled with them ( in writing ) for £2200 on a £3900 debt

today get a letter from Bcard ( Calders ) like nothing ever happened ! - I still owe them the full amount ! - rang them ( Calders ) they dont have my money !

Checked my statement - they were right - the £2200 went out ,but then came back in again 6 days later ( I never noticed ! ) ( have to look at my statements thru one half closed eye - I hate surprises ) must have been a reference number or bank account number glitch I guess

So now it will all start up again -

but this time I will take them on ! after reading all the posts ( especially from NIDDY, I feel it would be rude not too !)

- I am going to send off the templated letter and my £1 postal order requesting to see the CCA , win or lose a big thanks to NID for his/ her postings on this board - inspirational !

Lyndzzz

never-in-doubt wrote: »

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?

hi Nid
You are awesomeness itself!!! thank you so much for spending your time on this. i will send that letter off today. With regards to Egg, i will have to look at the paperwork agin and get back to you, Hubby is sure he did the loan over the phone, and didnt have to sign anything. Will double check tho -
Thanks Nid, speak soon :T:T:T:T:T:T:T:T:T

broccoli9

Still havent received anything back from Capquest as yet but following the advice on here and results (or non results!) has given me a little confidence in tackling some of my other debts and wondered if someone could help me?

Have a funny one with an Egg CC. Back in Aug 07 after advice from CCCS we started paying our debt of around £4500 off at £1 per month. We have paid this amount every month since by direct debit, never missed a payment. We have never had any acknowledgement from Egg of this payment plan whatsoever. On top of that we have never received anything from them with a statement or details of what we actually owe. Obviously every month we are still paying them as its only a pound but find it difficult to believe that they have never communicated with us since about this in 32 months.

Do you think we should query this with them? Will it open a can of worms? Having paid for around 32 months at £1 would have thought they would send us something at some time or ask for an increase/send onto one of the other many debt companies we are dealing with.

Have read lots of different things on here concerning Egg and just wondered whether it would be worth pursuing with them.

What do you think?