Unenforceability & Template Letters III

Locke

never-in-doubt wrote: »

This mate: Debtors Final Response - CCA Received

Finished, forget it after that - it is unenforceable, fcuk their opinion lol :):):):)

Thanks NID, I'll print it off and get it sent out next week.:cool:

jadex

Locke wrote: »

I've had another letter from Barclaycard delivered today that I've just found on the table.

you are 10 days behind me #1353
even typos are the same so they are AGAIN doing copy and paste :rotfl:
now today I received a letter from them which says they are investigating my complaint regarding the level of service received from them (!!!!!! ? :mad: ) and they are sorry to learn about my dissatisfaction as the provision of a high level of service is very important to them...
wonder if you'll get the same in 10 days time...

carol01

hiya n.i.d
i have recieved a reply from halifax today ref #1303 (with the right credit card number this time)
they sent me a reconstituted version of the executed agreement.
i have just read that next i am to send template 3.3 is this right and i suppose the template should be tweeked as there are no signatures or place for signatures on any of the pages
thanks n.i.d again for all your help

maz1964

Hiya niddy and the gang - how ive missed you all and i will need to catch up from where i last viewed the thread as always amazing stuff -

i will be back tomorrow with my help requests - this past week been a non debt tackling week, as our lovely daughter celebrated her 18th and also she was god mother to our gorgeous nephew but now all that out of the way

i will tackle my debt list tomorrow

hope the sun is shining for you all and again tomorrow wishing you all a lovely day

take care all MAZ:)

broccoli9

Received correspondance back from Capquest concerning 3 CCA's we'd requested.

I would like to ask advise about them on here seperately so as not to confuse you or me!!

To summarise 1st debt - CCA req sent 18th March. Hadnt received anything so sent CCA reminder letter on 6th April. We then received photocopy of part of an application form so sent off CCA query letter on 9th April.

Today we have received the following reply.....

I write in response to your letter dated 6th April and your further letter dated 9th April 2010. I can confirm that I have completed my investigation into your complaint.

Capquest were instructed by Capital One Bank (Europe) on 7th December 2009 to contact you regarding an outstanding balance of £XXX. Capquest were not made aware of any dispute or issue with your account on assignment and were acting in good faith based on the information provided by Capital One (Europe).

Due to the nature of your dispute a decision has been made to return your account to Capital One Bank (Europe) in order that they may assist you further in this matter. Capquest have also noted that you have made regular payments to Capital One Bank (Europe) and therefore you will receive no further communication from Capquest regarding this account. Please forward any further communication direct to Capital One (Europe).

What does this mean???? What should we do now?????

elsie52

Hi NID,

Just a bit of background on our situation, and then perhaps you can tell me if its possible to go down the CCA route.

We are on a DMP with Payplan, and have been for 2 years and 2 months, we still have about 21 months to go. We have a credit card with Clydesdale Bank, and we have held this since 1985. Whilst on the DMP , Clydesdale have continued to add interest, and we still owe them around the £5k mark. We already have a default on our file, and don't care about our credit rating, 'cos we are close to retirement anyway. We are paying over the minimum payment on the card.

1. Can we still CCA whilst we are on a DMP...? and how will Payplan view it.?...

Thanks very much, for taking the time to read, I appreciate how busy you are.

never-in-doubt

elsie52 wrote: »

Hi NID,

Just a bit of background on our situation, and then perhaps you can tell me if its possible to go down the CCA route.

We are on a DMP with Payplan, and have been for 2 years and 2 months, we still have about 21 months to go. We have a credit card with Clydesdale Bank, and we have held this since 1985. Whilst on the DMP , Clydesdale have continued to add interest, and we still owe them around the £5k mark. We already have a default on our file, and don't care about our credit rating, 'cos we are close to retirement anyway. We are paying over the minimum payment on the card.

1. Can we still CCA whilst we are on a DMP...? and how will Payplan view it.?...

Thanks very much, for taking the time to read, I appreciate how busy you are.

Hiya

Is it just one debt you're on PayPlan with or do you have several others? What i'd suggest you do is send the CCA Request off and see what YB come back with - obviously from 1985 they won't have the original so you can pretty much assume it will be unenforceable, however until you see what they send it's worth carrying on within the DMP until we've seen the agreement/whatever at which point you then drop out of PayPlan, thus my question is this your only debt?

Do not mention the CCA to PayPlam until you know for certain it is unenforceable cos they will not take kindly to it lol

Let me know and i'll be able to advise further! Yea, i'm sad to be here at 06.00am but hey ho! Busy day and all that :rotfl:

never-in-doubt

carol01 wrote: »

hiya n.i.d
i have recieved a reply from halifax today ref #1303 (with the right credit card number this time)
they sent me a reconstituted version of the executed agreement.
i have just read that next i am to send template 3.3 is this right and i suppose the template should be tweeked as there are no signatures or place for signatures on any of the pages
thanks n.i.d again for all your help

Hiya Carol

Yep - you got it, just send that template and rightly so, amend where necessary. :T

never-in-doubt

broccoli9 wrote: »

Received correspondance back from Capquest concerning 3 CCA's we'd requested.

What does this mean???? What should we do now?????

Hehe, excellent - this means they have given up the ghost, most probably because they know it is unenforceable and the account may be within their sell-back period to the client so before they take the hit (loss) they are dumping it back to the lender - excellent news.

So sit tight, don't pay anything and wait and see what Crappy1 do next! They'll either write it off (i.e. you'll never hear from them again) or they will write to you saying they disagree with your dispute and insist you pay, in which case you send the Final Response back to them.

Simples

elsie52

Hi NID

Thanks for replying...we have 10 creditors on our DMP...we started off owing £74k and now after 2 years we are down to £33k......Clydesdale have rejected our DMP plan, after being on it for 2 years, and they accepted it for 2 years, never reduced or stopped interest, and have just recently passed us on to Brusnwick Collections, which I believe are their in house collection agency.

It's Sunday morning....what happened to a lie in or a day of rest for you.???