Unenforceability & Template Letters III

10past6

never-in-doubt wrote: »

someone asked me if they should remove the words "sign digitally" with their siggy! LOL....

:eek: You've gota laugh :rotfl:

Was it a "muppet" opps sorry DCA in disguise? :rotfl:Only someone with their braincells could ask such a question

never-in-doubt

debt_obsessed wrote: »

Just wanted to give a real quick update - I've been following your thread and using it sucessfully to date, so thank you so much! :beer:

Out of 8 debtors, 6 are not able to provide me with my CCA and have "suspended" the accounts, the other 2 are still trying to find my CCA but their time is nearly up and the final letter is just ready and waiting! :rotfl:

Again, I can't thank you enough, the process seems really daunting at first but with all your templates/advice/flowcharts it really is simple :T and although this sounds daft, it's life changing!

Excellent news, I assume you've killed the continuation of contact by sending the CCA Final Response letter? If not, do it! This way you're closing things, in that perspective....

By the way, the process used to be hard - not now with the flow charts etc - made my life easier (well, when people use it of course)!

debt_obsessed

never-in-doubt wrote: »

Excellent news, I assume you've killed the continuation of contact by sending the CCA Final Response letter? If not, do it! This way you're closing things, in that perspective....

By the way, the process used to be hard - not now with the flow charts etc - made my life easier (well, when people use it of course)!

I hadn't sent the CCA Final Response letter but they're being drafted as we speak

never-in-doubt

debt_obsessed wrote: »

I hadn't sent the CCA Final Response letter but they're being drafted as we speak

Yey - nice one, send one copy to each lender for each of the accounts with no agreements...... :T

Debtors Final Response - CCA Received

Greekous

Hi Nid,

I've had a response to my CCA request for the Halifax, they have sent me the following:

I write in response to your request for a copy of your consumer credit agreement under Section 78 of the Consumer Credit Act 1974 (CCA)

I have enclosed with this letter a copy of your reconstituted version of the executed agreement comprising both the original and current terms and conditions.

I have requested a copy of the original signed application from the relevant department to comply with your section 60\61 request. You will receive this shortly under seperate cover.

The copy of the agreement enclosed with this letter complies with the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (the "Regulations").
Regulation 3(2)(b) provides that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with your signature on it.

By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. As such, the agreement you have with us is fully enforceable and we shall treat it as such. We will not be entering into any further correspondence with you regarding the requirements relating to the provision of copy agreement.

As you have not made the required payments, you were served with a default notice, your agreement was ended on 21/01/08 and the full balance owing became due. As such at the date of this letter, the full balance on the account of £7360.77 is in arrears and due for payment. As the agreement has ended, there is no credit limit in place and no interest is being charged on the debt owing.

If you are using the services of a claims management company we would like to remind you of the recent warnings issued by the Ministry of Justice and Citizens Advice Bureau.

The Ministry of Justice headline reads "Businesses that mislead the public by claiming they can arrange for unpaid loans, credit card debts or other consumer debts to be written off have been told to stop or face action, Justice Minister Bridget Prentice said today, as new guidance was issued by the Ministry of Justice".

Your Sincerely




Nid's is there anything that I can do?? Thanks

never-in-doubt

Greekous wrote: »

Hi Nid,

I've had a response to my CCA request for the Halifax, they have sent me the following:

Hiya

Pointless typing out the letter! Just tell me they sent you a Recon - respond with this: CCA Query - Copy Document Supplied

If I need to know more i'll ask, but please don't waste time typing the whole letter - really, no need.

Greekous

never-in-doubt wrote: »

Hiya

Pointless typing out the letter! Just tell me they sent you a Recon - respond with this:

If I need to know more i'll ask, but please don't waste time typing the whole letter - really, no need.

Ok, thanks Nid's. Are the correct in what they are saying about my agreement having ended therefore the debt is enforceable?

Locke

Just had a call from crap1 saying I had a missed payment and if I wanted to pay, I told them that I had requested a CCA so as far as I'm concerned the account is in dispute until it arrives, they say they sent it the other day so it will be interesting to see what they come up with.

We also had words over how often they can call me etc.

never-in-doubt

Greekous wrote: »

Ok, thanks Nid's. Are the correct in what they are saying about my agreement having ended therefore the debt is enforceable?

They never said that - they said they have terminated it (with a default notice) and they want paying! They will always dispute the unenforceability aspect, that does not concern you. Just send the template as directed and they will go away.

never-in-doubt

Locke wrote: »

Just had a call from crap1 saying I had a missed payment and if I wanted to pay, I told them that I had requested a CCA so as far as I'm concerned the account is in dispute until it arrives, they say they sent it the other day so it will be interesting to see what they come up with.

We also had words over how often they can call me etc.

LOL - they are cheeky sods.... it will be a "yes - 60 second application form" we hope

However as for words, just tell em straight, ring me again muppets and i'll 'av ya for harassment :rotfl: :rotfl: