Unenforceability & Template Letters III

mk1golf

Hi Niddy, remember me? I'm the one with the mother in law with £13000 of debt on her Lloyds Tsb Mastercard.
Last time we spoke, Lloyds had received your Final Response letter and replied that maybe we should contact FOS, well we did what you said and sat back

Today, they have sent her a Default notice and to correct this she must pay £738.53 by 4th May 2010, otherwise they may take further action set out below........

What will we do if you do not correct your breach?

We will refer your account to our solicitors and we will claim what you owe us through the courts. This will involve you in additional costs which we will add to what you owe us.

We're quite happy to carry on sitting back and waiting, just checking in to see if that's the right thing to do.

Thanking you in advance :D:T

jadex

mojoparrot wrote: »

I have a creation (adams card) agreement. A copy of the original app/agreement has been sent, (done in store in 97) which is a bad copy that is difficult to read the small print. Along with this they have sent an" updated true copy of the agreement "which is blank besides my name and address (2 house moves ago, correct for 1997 tho) which has been filled in by hand by them. There is a seperate (not signed) photocopy of the terms.
These docs are HUGE:eek: for some reason they have been copied to A3 so will try best to get it on the scanner.

same story here - just my is Duet version
completely illegible A3 sheet + almost blank form taken straight out from the printer

mojoparrot

Hey NID just going through my files and more info on Adams/Creation CCA:D:D

The case had been sent onto a colicitors firm Drydens for non payment. Drydens told me they were taking me to court to get a CCJ on the debt and not to worry. They said i wouldnt have to even go to court (like I wouldnt want to be there- not likely!).
I sent for the CCA from drydens who sent an illegible copy (the same as the recent one only smaller). I sent out to drydens the illegible copy letter and it seems that drydens have passed the case back to creation as the info that I got today shows the same illegible copy but it has come from Creation now.
Could it be possible that the solicitor have given the case back to the lender as they know that the CCA is not enforceable?
:T:T

mojoparrot

jadex wrote: »

same story here - just my is Duet version
completely illegible A3 sheet + almost blank form taken straight out from the printer

See my last post!:D

mojoparrot

Duuhh:o
Just realised why creation sent me an A3 copy. Its because I told them it was illegible.
They think blowing the agreement up from A4 to A3 makes it better!
Its illegible coz its been copied a million times not because my eyesight is bad!:mad:

BigCraigJohn

Lol, made me grin

mojoparrot wrote: »

Duuhh:o
Just realised why creation sent me an A3 copy. Its because I told them it was illegible.
They think blowing the agreement up from A4 to A3 makes it better!
Its illegible coz its been copied a million times not because my eyesight is bad!:mad:

mojoparrot

BigCraigJohn wrote: »

Lol, made me grin

LOL
At least they are catering for a diverse clientelle:D:D
Very PC :T:T:T

never-in-doubt

trigger1812 wrote: »

Hi Nids me again right just been on phone to Lloyds about my original loan with them in 2002, which is now with Link...they have no recollection of me whatsoever or of any loans with them so I asked Link if they had the original loan details as I blagged and said I was trying to get my affairs in order the guy was really helpful and said they do not hold any original loan agreements only time defaulted etc so who exactly do I send the request to as none of them have my loan agreements? than ks

trigger1812 wrote: »

also if I need to send a request off to both LLoyds and Link which department at Lloyds do I need to send it to as they dont know who I am? Thanks

You send the following to link: Debtors Final Response - No CCA Received

never-in-doubt

RobertO wrote: »

Hi Niddy
Hope you’re well. I’ve got a few questions which i hope you can help with.

1. After 14 days have passed since the 3.3 - CCA Query - Copy Document Supplied template has been sent, do i send:

4. CCA Dispute / s.10 Cease & Desist

Or do i wait until 30 days have passed in total?

Stop being so keen... it's pointless clock counting for them to then send it a week after your final response, kinda gives the game away to them so just sit tight until you're quite certain enough time has passed, but you wait at least a month from original CCA Request before sending a CCA Query and another month before the final response/cca dispute letter so really, it should be 2 months before you consider writing again..... but yes, you would send the CCA Dispute / s.10 template

RobertO wrote: »

2. I’ve sent a CCA Request to MBNA on the 8th March and a CCA Reminder on the 23rd March after which they sent a letter acknowledging my request and informed me that they are still looking for it.

Do i now just wait until the 23rd April and then send:

4. CCA Dispute / s.10 Cease & Desist

See above - same timescales and yes, same template as well.

RobertO wrote: »

3. Finally, i received a letter from Sainsbury’s Finance stating that they will not be seeking to enforce the agreement :jwhilst they try to locate the full original agreement. Do i now need to send some sort of letter closing this matter down or does it just sit in limbo for 6 years?

You send this: Debtors Final Response - No CCA Received

RobertO wrote: »

Thanks in advance Niddy:T. You really do provide some comfort in this stressful situation.:beer:

Anytime mate - cheers :beer::beer:

never-in-doubt

mojoparrot wrote: »

Hi NID how are you?:)
I have 3 more agreements back could you have a look at them please. I can scan on tomorrow at my mums if you have the time:o

Ok, you already have my email address...

mojoparrot wrote: »

I see you are getting busier and busier!!:eek::D:eek:

Hmmmm :o:o

mojoparrot wrote: »

I have a creation (adams card) agreement. A copy of the original app/agreement has been sent, (done in store in 97) which is a bad copy that is difficult to read the small print. Along with this they have sent an" updated true copy of the agreement "which is blank besides my name and address (2 house moves ago, correct for 1997 tho) which has been filled in by hand by them. There is a seperate (not signed) photocopy of the terms.

Ok, so the recon they sent was unsigned yes? Was the illegible copy signed? Signed by you, more than anything? Also, is there anything on the original that links to separate terms?

mojoparrot wrote: »

These docs are HUGE:eek: for some reason they have been copied to A3 so will try best to get it on the scanner.

I don't need to see them, just confirm the points above before we look at scanning cos I don't think it is enforceable but I need to know if the illegible copy WAS the one you originally completed and whether it is signed and links to terms...

mojoparrot wrote: »

The next is a NEXT :rotfl:(ha ha) agreement. This is a bit different its recent - post 2007 but there is nothing on the agreement not even my name and address added.

You cannot utilise s.127 on past 07 agreements. Basically they can enforce the debt in court, so you can blag it and send off the templates but you'll look an idiot cos they know they enforce it. I'd suggest, being you;re already defaulted, that you simply send the following back, in the hope they only hassle you with the odd letter - its a case of sitting it out really. If they threaten a ccj and issue papers, then let us know and we'll stop it happening, but you will have to agree to repayments if they do this.

Send this for now, and try your luck: Debtors Final Response - CCA Received

mojoparrot wrote: »

The final is a Viva la diva agreement again filled in name and address by someone other than me by hand. It was taken in 2008. No signature or anything but it is the correct address.:T

As above, send same template and try your luck