Unenforceability & Template Letters III

maz1964

hiya niddy

just a quick question,my friend has sent a Fresh cca request and a cca reminder early 2010 and cabot have responded with telling her that they have requested this info many times from barclays and will no longer correspond with my freind until they get the cca copy from barclays. It is their final responce also they had returned the postal order back in november 2009 stating they do accept the statutary fee required As this was her first attempt to request the cca at that time.

However cabot have put the default on her credit file, she is here with me now ive referred her to this thread of yours so she can do some reading from home but today wondered as she really has this one default now left on her credit files, wishes to have it removed and also does not remember what this debt is about all it states that its a loan from barclays, she does not have any knowledge of this -

would our next letter be to the credit agencies? asking to remove the default?

by the way am still working on mine;)

cheers maz and survivor

jen_br

Flower567 wrote: »

Hi Guys


Any help apprecaited - whether I should contact them or just leave it.

Do you have internet banking how do you receive your statements for this card? Check what the charge was if there was infact a charge. ?

You can easily request a statement.!

never-in-doubt

Afternoon everyone - Niddy is having some mucho needed rest (zzzzzzz's) - he'll be back around 6pm, so just hold fire....

Briefly,

Jinny - don't worry, you're getting confused with statute barred and unenforceability - statute barred is 6 years from date of last payment, this is whereby the debt is classed as "written off" and they can never ask for repayment. Unenforceability only means they cannot take court action to enforce that you repay, without the agreement. Thus, the process means you have a default for 6 years (and because you do not pay an UE debt), it then becomes statute barred. Even though by then the default may be removed from your credit file, because a default can only remain for 6 years - period.

Rainbow - oh deary me! Are you actually blonde? hehe - you'll be best changing your number and email address. But seriously, you have to stop being so blaze and start to read what you're sending and check what you're sending. You only give them the info you want to give them, you do not offer them things on a silver platter.

Flower - Utter nonsense, do not reply - just ignore them. The debt is 100% unenforceable (trust me on this) until such time they send an agreement. Leave them to wallow in their own mess, you have nothing to worry about and if you have in writing that because you used the card in Dec it cancels unenforceability, please let me know and try and scan it for me and i'll then do you a nice little reply to send them - it will be a mini rocket up their !!!!!! lol.... idiots!

Maz - no the default will remain. They have simply stopped collection until barclays provide the cca. You have no right for default removal, it will have to stay for the time being. This is perfectly normal and what I always tell people - its either a default or repayments, and i'd sooner have a default than pay a debt for the next 20 years - as would most other people. Sorry, pointless arguing for default removal right now. Save your energy.

Wicca - don't worry, just ignore it. What they really mean to say is they can only take court action (i.e. ccj/charging order) with the agreement. You would never take it to court, it is for them to take you and at that point you'd issue CPR31.16 demanding to see a copy of their original - then you know whether they have it and whether to fight or walk away. They will not take you to court though, they are liars! Get used to these nasty tactics to scare people.... IDIOTS!!!

Right chaps, have a nice day - catch you later tonight but the above should answer your main points, for now.

Niddy over & out (zzzzzzzz)

monlou

Hi Nid

Sent of a CCA request to Halifax on behalf of my mum.
They sent a letter back saying that they are currently awaiting the documentation to fulfil her request blah blah blah.

But the last paragraph states the following
'' 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''

What does this mean?

Thanks

never-in-doubt

monlou wrote: »

What does this mean?

Thanks

Hiya

It means nothing! basically as a result of all the Claims Management Companies that were set-up, the MoJ etc closed most of them down. I am offering free advice, which is legally correct - the MoJ etc cannot touch me

Don't worry so much, they have told you they are waiting for the documents (agreement) so just wait for it and then post back!

never-in-doubt

Utopia wrote: »

Hi everyone,

Hiya, sorry for the delay but when I see a big message I tend to shy away for a bit to catch up... now i'm up to date you have my undivided attention

Utopia wrote: »

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.

Yes - that is correct - well done :T

Utopia wrote: »

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)

Can you scan me the agreement and terms from the time it was a storecard please? Either email me direct (PM me for email addy) or PM me the links.....

Utopia wrote: »

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?

No. Not a new agreement, but new terms (your store card should have been variable - thus I need to see the application and terms relevant to it at the time, as point above suggests)

More on this later

Utopia wrote: »

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?

See above - if you can let me see it please.....

Utopia wrote: »

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.

Excellent.....

Utopia wrote: »

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?

Ok, i've already PM'd you email addy......

Utopia wrote: »

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

Lol, thanks

monlou

Thanks:):)


QUOTE=never-in-doubt;32049595]Hiya

It means nothing! basically as a result of all the Claims Management Companies that were set-up, the MoJ etc closed most of them down. I am offering free advice, which is legally correct - the MoJ etc cannot touch me

Don't worry so much, they have told you they are waiting for the documents (agreement) so just wait for it and then post back! [/QUOTE]

Wicca303

never-in-doubt wrote: »

Wicca - don't worry, just ignore it. What they really mean to say is they can only take court action (i.e. ccj/charging order) with the agreement. You would never take it to court, it is for them to take you and at that point you'd issue CPR31.16 demanding to see a copy of their original - then you know whether they have it and whether to fight or walk away. They will not take you to court though, they are liars! Get used to these nasty tactics to scare people.... IDIOTS!!!

Thanks NID.

I hoped it was just a scare tactic.

Enjoy your mini rest. lol.

never-in-doubt

Wicca303 wrote: »

Thanks NID.

I hoped it was just a scare tactic.

Enjoy your mini rest. lol.

Hiya - hehe, yea they do like to try and scare us, muppets! lol

The mini rest is well and truly over :eek: - but thanks all the same!

trigger1812

Hi Nids, just a very quick question that occurred to me today...if link were to have my signature(I honestly truely cant remember if I have sent them letters in the past, but im sure I have not,and I certainly have never signed any forms from them) could they try it on and copy it onto an agreement or does the agreement have to come straight from the original bank..I hope you know what I mean cheers for any response.
P.S I mean could link try to falsify the original agreement?