Unenforceability & Template Letters III

never-in-doubt

Locke wrote: »

I've got just under £13k with them on a credit card with an interest rate of 6.9 fo rthe life of balance.

Owe about £37k in total which should take me about 5 years to clear, I haven't got a mortgage so I'm not worried about defaulting but I do live with my parents so I wouldn't want them hassling on the phone all of the time.

5 years to clear that amount? My god, why not save for 10 years and have a good £80k in the bank then

Seriosuly though if you do pursue unenforceability, you will get defaulted in the long term but the hassle you get at home is easy to sort, change the number...... for a £30k odd saving i'd say it was easy enough to sort out... but understand your predicament.

Do you bank with HBOS then, I assume? You'd have to close the bank account down if you went for unenforceability or they'd offset balances. :mad:

Milhaus

Afternoon all - I received a response to my CCA request to Lloyds TSB today which states :

'RE:Incorrect Account Number

Thank you for your recent letter.

Unfortunately we have not received enough details from you to find and process your request. Please re-send your letter with your up to date home address, any previous addresses and card number/s. Lloyds TSB Credit Card numbers contain 15 or 16 digits.

If you would still like to make a request pursuant to section 78 of the CCA, please write with the appropriate authorisation to:xxxx

I hope I have no clarified our position.If there's anything you're not sure about please get in touch and we'll be happy to look into it for you.'


I have only ever held one account with Lloyds - the account number I included at the head of my original CCA request letter. It is not a credit card account however, it is a debit card account with an overdraft facility (The CCA for this is the alleged account being queried).

Interestingly though, my name is mis-spelled/incorrect at the top of this letter (Michale, as opposed to an anagram of the same), which would suggest to me that I am not the individual being written to...if playing 'pedantic'.

My query to this forum would be whether or not I have misunderstoood aspects of sec.77/78 of the CCA pertaining to my present situation, namely, does an overdraft agreement pre-2007 fall under the heading of 'Credit' in the same sense applicable to cards,loans,etc.

If I have been unclear,I apologise - I usually attempt to write poetry, not legal documentation. And as inspiring as unsettled emotion can be, I'd rather achieve some level of resolution to this tomfoolery.

Thank you for your time in advance!

never-in-doubt

You cannot CCA a bank account as it is exempt from the CCA1974 - also a debit card is a payment card linked to the bank account - the card number is just that - a number to debit from the account, it is not the account number (this is 8 digits and shows on all your statements - the debit card number doesn't ever show up cos it means nothing in that respect!

You basically bin it and forget it - you have nothing to fight i'm afraid.

p.s. the name means nothing simple typo from Michael to Michale (easy to do, I just done it then lol) .....

Locke

never-in-doubt wrote: »

5 years to clear that amount? My god, why not save for 10 years and have a good £80k in the bank then

That was my line of thinking.:D

never-in-doubt wrote: »

Seriosuly though if you do pursue unenforceability, you will get defaulted in the long term but the hassle you get at home is easy to sort, change the number...... for a £30k odd saving i'd say it was easy enough to sort out... but understand your predicament.

How many phone calls do you think I would receive before I could send the harassment letter? Would they stop after that?

My parents are thinking of moving house so I was thinking about doing it then, as when I notify them that I'm moving I would give them a mobile number as a contact number.

Btw even if it is unenforceable would I still have to let them know if I move address etc?

never-in-doubt wrote: »

Do you bank with HBOS then, I assume? You'd have to close the bank account down if you went for unenforceability or they'd offset balances. :mad:

Yeah I bank with them, they've brought in a new overdraft charge anyway so I was thinking about moving from them so it's no big deal.

Milhaus

never-in-doubt wrote: »

You cannot CCA a bank account as it is exempt from the CCA1974

You basically bin it and forget it - you have nothing to fight i'm afraid.

So...have I made a numpty of myself trying to hold any kind of position relating to an overdraft?

underworld

never-in-doubt wrote: »

Hiya

Both are currently unenforceable then - send this to both and cease repayments (assuming you already have) but bear in mind you will get defaulted if you do this (perfectly normal)...

CCA Query

The signature box CCA bit means nada - it should contain prescribed terms - it does not so it is unenforceable

Don't know how I do what mate? lol

Thank you, I'll put in the unenforceable folder with the other two then and send the CCA Query:D

What I meant was I don't know how you find the time to answer all these questions etc.

Anyway please keep up the good work, it's invaluable to people like me :beer:

never-in-doubt

Locke wrote: »

How many phone calls do you think I would receive before I could send the harassment letter? Would they stop after that?

You won't get too many calls if we nip it in the bud early - see point below though....

Locke wrote: »

My parents are thinking of moving house so I was thinking about doing it then, as when I notify them that I'm moving I would give them a mobile number as a contact number.

That makes the above a lot easier - also set up a mail divert for 12 months and do not give the creditors the new address, that makes unenforceable a lot easier.... however if you bring any credit from old address to the new one they will link you so best to close all accounts and then move, then open a new bank account at the new address....

Obviously some things I can't say on here but I think the above gives you food for thought.... point is, you could refuse to pay and get some defaults which will be gone in like 6 years - you do not have any assets
they can touch so nothing to worry about in that respect...

in the same time it'd take you to pay almost £40k - you could have saved it thus meaning you have no need for credit in the same period of time, which all ties in nicely with unenforceable and defaulted accounts.

Make sense mate?

DGJsaver

Nid
Quick one mate..
When we asked for the CCA`s from Bcard and Bloan and had correspondence bac etc ,inc non enforceable T&C`s etc etc , anyway the cheques we sent for the £1 each required have never been cashed , and now just crossed my mind they may be saving them for the signature.............or am i thinking too far fetched..ie fraud their end....?

never-in-doubt

Milhaus wrote: »

So...have I made a numpty of myself trying to hold any kind of position relating to an overdraft?

Ahem, sorry mate I wouldn't like to say :whistle::whistle::whistle:

But seriously, you cannot CCA an overdraft as they are exempt from CCA1974, unfortunately. :mad:

never-in-doubt

DGJsaver wrote: »

Nid
Quick one mate..
When we asked for the CCA`s from Bcard and Bloan and had correspondence bac etc ,inc non enforceable T&C`s etc etc , anyway the cheques we sent for the £1 each required have never been cashed , and now just crossed my mind they may be saving them for the signature.............or am i thinking too far fetched..ie fraud their end....?

Mate if you sent a signed cheque for £1 then you need a slap (lol)..... a £1 cheque does not go through to manual review and signatures would never be checked - I suggest you get a mate to sign or just print your name on the cheque or use a variant of your signature with a deliberate mistake that would lead you to prove that the bank have copied it, for instance someone on here who had the surname smith (example) used the signature smyth when he signed - quite deliberate and also quite easy to miss (it was signed remember - not like his usual signature!)....

So, if you're the only one on here to send a proper siggy with a £1 cheque, sorry dude - you need tango'd :rotfl: :rotfl: :rotfl: