Unenforceability & Template Letters III

never-in-doubt

jinny wrote: »

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

Hiya

sorry I missed this - NO do not send CCA, overdrafts are not governed by the CCA so fruitless. Unfortunately wiuth overdrafts you cannot do much other than ignore the banks letters - they cannot much anyway, but unfortunately we cannot CCA them as it makes you look silly, you'd be going in pretending to know the law (or Act) but then mess up cos s.78 does not apply to overdrafts.

make sense?

never-in-doubt

broccoli9 wrote: »

NID - I did think that but was somewhat concerned about the fact that we are already paying Robinson Way for this debt and have been for some time. Do I also need to be sending a CCA req to Rob Way now then?

Also dont like the fact the the balance owed changes every time some correspondance comes through!

They seem to try to intentionally confuse matters at each turn!

Hiya

A DCA can charge interest, the balance will fluctuate - basically start from scratch and send the CCA Request to the debt owner, i.e. Rob Way - do not copy the last advice obviously.

never-in-doubt

jadex wrote: »

Just a short question:
CCA request sent -> no reply
Reminder sent -> no reply
It's time to send 'CCA dispute/s.10' letter as per flowchart #4
When (if any) 'Final Response - No CCA received' #29 should be fired off?

It should be sent about a month after #4 had been sent.

Well done, you seem to be on top of things here :T

never-in-doubt

Lyndzzz wrote: »

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:)

Hiya

Wasn't this taken after 2007 anyway? Not that it matters too much to be honest, not now....

Ahhh, that's what I missed then - a tick in the box is a signature - see here (from my FAQ's):

Q. What if the agreement they send me has a 'tick' where my signature should be?
A. For agreements made online after December 2004, the Consumer Credit (Electronic Communications) Order 2004 allows the signature in the signature box to be replaced by a tick box.

This may well be enforceable if it has the tick in the box

never-in-doubt

Rainbow_Liberty wrote: »

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

Hiya

Yea, you wouldn't get them done for fraud but there is a template that covers this on page1, so its not entirely new! lol.... don't worry, you'll be fine!

You got Niddy on the case :rotfl: :rotfl:

Just let me know if and when they write back to you.... please don't sit and type up a whole letter, just load it online and PM me the link or email it me directly. Thanks.

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Regards to the robinson way account, leave this with me - i'll sort you a personalised response tonight - to send back to them!

jenjakalf

Can someone plz advise me if the enforceability route is still an option... im confused as i thought after the december court case they closed the loophole?? probably a silly question as this thread is still going however im looking into this for a family friend whom is REALLY struggling right now

monlou

Hi NID

Just wanted to say a huge thank for your help i cant find my original post.
But basically i sent a CCA request to Freemans Catalogue and i received a letter from Moorcroft today saying that they are no longer dealing. Do i now write to Freemans and ask them to close the account?
Thanks

MONLOU

never-in-doubt

jenjakalf wrote: »

Can someone plz advise me if the enforceability route is still an option... im confused as i thought after the december court case they closed the loophole?? probably a silly question as this thread is still going however im looking into this for a family friend whom is REALLY struggling right now

Start reading at page 1 and all the answers you seek are there! Dec 09 was nothing significant, it was a court case, explained in detail on page 1.

If I were you, do not do this for a family friend unless you know the score inside out, you'll not only lose but trash their credit file and could also cause more damage than good.

Ask them to join here and i'll gladly help out if necessary - you cannot just take something like on, unless you know what you're doing - trust me on that one! The lenders are getting wise and making letters a whole lot more serious!

I cannot assist, knowing it is not yours as i'd hate to ruin someone financially or risk mis-advice being passed on, sorry. If they join i'm more than happy to help directly.

jinny

Thanks nid have me file box with letter opener at the ready!!!!!!!1

BRING IT ON!!!!!!!!!

never-in-doubt

monlou wrote: »

Hi NID

Just wanted to say a huge thank for your help i cant find my original post.
But basically i sent a CCA request to Freemans Catalogue and i received a letter from Moorcroft today saying that they are no longer dealing. Do i now write to Freemans and ask them to close the account?
Thanks

MONLOU

Hiya

Nope - you ignore it, they will never "close" the account. You have put the request to them, they have to either deal with it or pass it to the original creditor (OC), if they have just sent the request back to you then they have defaulted on behalf of the OC and so they can take no action.

Just leave it and post again if they or the OC write again...