Unenforceability & Template Letters III

never-in-doubt

jadex wrote: »

their is my signature (or something similar to) on illegible copy
there is no link to T&Cs
they have not copied my siggy on the recon copy, I've only marked on it the boxes which are filled in on illegible copy, but they are not filled in on a recon copy (bar my name and address)
what I have PMd you is a reckon copy showing small print and the boxes which are filled in on illegible original
(hope I am not talking rubbish here )

Just send the same template as I advised mojo - give it a go :D

Remember they NEED an original to present to the court in order to enforce the debt, this original MUST be clearly legible. Yours isn't nor is Mojo's (but hers is post 04/07 which changes things a little)...

evilcartman

never-in-doubt wrote: »

!!!!!!? Why pay for an UE debt? :o:o:o

Do the obvious mate, set up mail divert with royal mail and then do not give out your new address to the DCA...

http://www.royalmail.com/portal/rm/product1?catId=400040&mediaId=600008

Because I wasn't certain it was unenforceable until recent developments and because I'll need to pass credit checks to get utilities connected at my new home.

trigger1812

Hi nids yet again me for hopefully the last time in a week or 2, regarding Link I only requested it on the phone so would the 1st letter not be best,also this debt was originally defaulted on my credit file but now that 6 yrs has past has gone....will they default me again for the same debt? thanks

averageguy11

Hi CAPITAL ONE...latest letter received in request of the CCA.....wot do u think NIDS...they admit they don't retain ..but say they don't accept account is in dispute....comments would be welcomed.



Thank you for writing back to me baout your request for us to provide you with a true copy of your credit agreement.

We are currently in the process of retrieving a copy of your current agreement and will send this to you shortly. Further to this, I enclose a reconsituted copy of your original agreement. This ets out the terms of your agreement when you entered into your agreement with Capital One on 28 January 2004. Although not required under S78, I have also enclosed with the reconsistuted agreement a scanned copy of the signed signature page of your original agreement. Pleae note this sets out your name and adress at the time you entered into your agreement with Capital One.

Prior to signature you were provided with a full copy of the terms of your original agreement to keep and were sent a further copy of your original agreement with your first credit card.

We do not retain the original of the signed agreement which is trurned to us, but scan the signature portion of the agreement and retain this within our account system. On the reverse of the signature portion of the agreement were the prescribed terms of your agreement.

Your account status remains defaulted and gthe outstanding balance is ******.

We will continue to pursue the outstanding debt and will defend any application you may wish to bring against us.

We don not consider this account to be in dispute, therefore remind you tht you are bound by the t and c of your credit agreement and are obliged to maintain payments and repay your o/s bal. If proceedings were commenced by you, on the basis tht theree is no enforeceable agreement between us, we would strongly defend this.


***********************************************************

The page enclosed looks as though its made up of 3 separate bit of paper..the signature bit as i see it refers to my original application not a CCA..The wording for a CCA is in the middle...then my name and adress is on the top bit...3 darks lines run horizontally..separating all 3 sections...hmmm!

handyman123_2

evilcartman wrote: »

Because I wasn't certain it was unenforceable until recent developments and because I'll need to pass credit checks to get utilities connected at my new home.

Hi evilcartman, If you do the proper closedown and transfer of utillities it should not be a problem. My credit history has been shot to blazes for years, as I've moved address I've sent in final readings, address to send final bill. No Probs! The only time I did have problems was at one house. The previous tennant had opened 5-6 CC accounts and Numerous Moblie phones. The Demands would come addressed A Farmer, 2 Farm cottage, or A Bullock or A Ploughman. get the idea. I had to do a letter of disasocciation (I think it was called) before BT would put the phone on.

But apart from that no Probs,

Regards handyman123.

jadex

averageguy11 wrote: »

We don not consider this account to be in dispute

This part of seems to standard creditors' answer is something which I do not get it.
By definition, dispute is a disagreement over something.between parties involved.
If I say "I disagree with this and that", this to me is clearly in dispute.
Can the other side say: we disagree that you disagree? Thus two negatives make it a positive (it's not a maths though...)?
If one side disagree with another then it must be in dispute, unless their logic is somewhat different.

handyman123_2

Bumpety Bump, back to page one.

mojoparrot

averageguy11 wrote: »

Hi CAPITAL ONE...latest letter received in request of the CCA.....wot do u think NIDS...they admit they don't retain ..but say they don't accept account is in dispute....comments would be welcomed.



Thank you for writing back to me baout your request for us to provide you with a true copy of your credit agreement.

We are currently in the process of retrieving a copy of your current agreement and will send this to you shortly. Further to this, I enclose a reconsituted copy of your original agreement. This ets out the terms of your agreement when you entered into your agreement with Capital One on 28 January 2004. Although not required under S78, I have also enclosed with the reconsistuted agreement a scanned copy of the signed signature page of your original agreement. Pleae note this sets out your name and adress at the time you entered into your agreement with Capital One.

Prior to signature you were provided with a full copy of the terms of your original agreement to keep and were sent a further copy of your original agreement with your first credit card.

We do not retain the original of the signed agreement which is trurned to us, but scan the signature portion of the agreement and retain this within our account system. On the reverse of the signature portion of the agreement were the prescribed terms of your agreement.

Your account status remains defaulted and gthe outstanding balance is ******.

We will continue to pursue the outstanding debt and will defend any application you may wish to bring against us.

We don not consider this account to be in dispute, therefore remind you tht you are bound by the t and c of your credit agreement and are obliged to maintain payments and repay your o/s bal. If proceedings were commenced by you, on the basis tht theree is no enforeceable agreement between us, we would strongly defend this.


***********************************************************

The page enclosed looks as though its made up of 3 separate bit of paper..the signature bit as i see it refers to my original application not a CCA..The wording for a CCA is in the middle...then my name and adress is on the top bit...3 darks lines run horizontally..separating all 3 sections...hmmm!

Ive got a cap 1 in the pipeline. How long did it take to get to this letter?:D
Ive sent the CCA request and reminder last week.

averageguy11

Mojo.....took them 3 months aftr 2 letters

mojoparrot

averageguy11 wrote: »

Mojo.....took them 3 months aftr 2 letters

Blimey talk about foot dragging!:eek: