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Unenforceability & Template Letters III

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  • Hiya

    Have a read here regards to enforceable egg agreements: Egg Card - CCA Flawed?

    We can get them another way :D;)

    Enjoy your nap and calm down ok? We'll sort it out. :o

    I just wanted to say to NeverinDoubt, you're very kind and I've been reading your comemnts here -you are so supportive. You've also helped me without realising, and it's appreciated loads, as I was a little unsure about 'digitally signing' although I knew what it was, I was unaware THEY'D actually consider using your signature fraudulently, so that's a wake up call. Thanks and I wish the other lady good luck too.
    Best regards and good luck to you all:beer:
    SallyBeans
  • savingwannabe
    savingwannabe Posts: 16,619 Forumite
    Part of the Furniture 10,000 Posts
    Hi NID well done on all your hard work!!!! This is amazing. Off to work!!!!
    Aiming for a minimal spend 2022
  • Morning Niddy,

    BF due here later today so will Egg agreement sorted for you.

    Just had another letter in the post today from Robinson Way, it's amazing really that the people I owe big sums to don't chase me and haven't even replied to my CCA request but Robinson Way are right on my tail.....

    Dear XXXXXXX

    Due to ROBINSON WAY LIMITED (EX OPEN & DIRECT) Amount Due £194.77

    We refer to your recent request that we cease collection of this account as we are unable to provide the documentation that you have requested.

    The fact that we are unable to obtain this documentation does not mean the debt does not exist or that we are not entitled to pursue you for the sums outstanding.

    Your data will continue to be processed in line with the principles of the Data Protection Act 1998 and the account will continue to be reported to credit reference agencies, where appropriate. If you neglect to make payment to us, further action may be taken against you.

    We require payment proposals within 14 days.

    YF

    Collections Manager


    What now? Have to say though I saw a programme quite sometime ago about collection agencies and the wording they use - I did smile to myself when I saw the word "may" that give me hope
    Rainbow
    Liberty
  • Lyndzzz
    Lyndzzz Posts: 53 Forumite
    Hiya

    Lloyds Credit Card = Unenforceable - send this: Debtors Final Response - CCA Received

    Lloyds Loan = Enforceable. You need to agree to a repayment plan i'm afraid.

    Egg Loan = Questionable. See below.

    Can you confirm, was the signature strip signed or sent to you blanked out like my copy is? Is their signature showing in the box above (that I cannot see)? Is there a page anywhere with a tick-in-the-box? Did hubby ever remember signing an agreement or was it done over phone and then the funds released without him having to return a signed agreement - doesn't matter if he did sign or not, I need to know whether the funds were issued after he applied on the phone or whether they were issued after he sent back paperwork?


    Hi again NID,
    sorry for late reply, have been at in-laws.
    Ref the egg loan: what i emailed you was exactly what was sent to me, there is just a tick in box for lender and hubby - no signatures.
    and hubby is almost positive he did not have to send anything further off to egg before funds were released to him.

    Thanks
    Lyndzzz:)
  • After getting myself stressed yesterday over the fact that I've actually signed the letters requesting the CCA's it dawned on me that for two of them I was actually married at the time. If they send me the CCA back with my signature on it and it's not my married name then surely they could be done for fraud
    Rainbow
    Liberty
  • Utopia
    Utopia Posts: 23 Forumite
    edited 19 April 2010 at 4:33PM
    Hi everyone,

    Just to up date you on 2 replies I have had today.

    # 1444

    1. LTSB: Having sent them the Debtors Final Response - CCA Received, they have now sent a letter acknowledging my complaint and that they will respond to me within 28 days.

    I will just wait and see what happens next.

    2. Marks & Spencers: Via DHL delivery! they have sent me a letter enclosing

    a) a copy of my application/agreement form (From when it was a storecard in 1998)
    signed by myself however completed by the person in store.
    b) a copy of the T&C when the account was opened. (Storecard)
    c) Details of my last statement balance :eek:
    d) Copy of the current T&Cs. (Credit card)

    The storecard was upgraded by them to a mastercard in October 2003. Should they have sent another agreement issued for that with the T&Cs?
    I also don't see on the application/agreement if there are any direct links to the prescribed T&Cs just that if I sign it I will be legally bound by it's terms?

    The 3rd CCA request I had sent off was for Sears and they have not sent anything yet therefore I have sent the CCA Reminder as the 12+2 days have passed.

    Nid would it be possible to look at the Marks + Spencers form to see if it is enforcable please? Not too savvy on the photobucket upload- is it easier to send it to you by email? :o

    Thanks so much for your helpful Thread and support. You're an angel in disguise :A

    Tarra for now.
    (workin nightshift for the next 3 so will log in later :))

    XX
  • jinny
    jinny Posts: 1,889 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    HI NID thank you very much for taking a look at my debt list. I will get those posted of asap tomorrow. Just to get things absolutely clear, when you say digital signature do you just mean say in capitals "JINNY PINNY"

    ta again yerra star NIDS FOR CHANCELLOR!!!!!!!!!!!!!!!!!!!!!!!
    ”Pour yourself a drink, (tea for me now)
    Put on some lipstick
    and pull yourself together”
    - Elizabeth Taylor
  • jinny
    jinny Posts: 1,889 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Originally Posted by jinny viewpost.gif
    Lloydsplc overdraft now collected by Apex - defaulted on 31/7/09 balance 1203.00 last payment 03/2/09
    Send this: CCA Request (with £1 and recorded delivery)


    Quote:
    Originally Posted by jinny viewpost.gif
    Northern Rock plc - defaulted on 31/1/05 balance 103.00 last payment 31/1/05

    Send this: CCA Request (with £1 and recorded delivery)

    i was wondering about these two debts NID as they are overdrafts will I still send them a cca request as i cant remember signing an agreement I think they were just offered over the phone thanks
    ”Pour yourself a drink, (tea for me now)
    Put on some lipstick
    and pull yourself together”
    - Elizabeth Taylor
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    give me 10 mins to catch up with thread - :D:D:D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    jinny wrote: »
    HI NID thank you very much for taking a look at my debt list. I will get those posted of asap tomorrow. Just to get things absolutely clear, when you say digital signature do you just mean say in capitals "JINNY PINNY"

    ta again yerra star NIDS FOR CHANCELLOR!!!!!!!!!!!!!!!!!!!!!!!

    Not in caps, no! Like Jinny Pinny - as if you were using a felt tip pen but online! lol see how I made it look fancy, just using italycs and a differnt font?

    Let me know when you start to get things back, remember to invest in a filing system lol - you'll get a lot of letters back and need to keep everything together or you'll confuse both of us - hehe!

    Speak soon... :p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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