Unenforceability & Template Letters III

never-in-doubt

libbyjade wrote: »

Thanks Niddy,

In the above letter it states - I am requesting that you provide me a copy of the agreement that bears my signature

& I see no reason not to provide a photocopy of the requested document especially since you included a blank signature and date box on the copy you have sent. Why would it be necessary to not provide a photocopy of the actual document if you are going to send what you claim is an exact replica, minus the signatures? Why are you unwilling to provide the signatures anyway, I don’t really understand this stance?

The final page they sent me is a copy of my/a credit agreement with a copy of my signature on, with a signature from Cap 1 and the correct name and address.

Have I misunderstood something??

Sorry, I have read all your last thread, and I know some companies will produce fabricated agreements, is that what you believe this is?

Thanks

Ooops sorry mate wasn't with it earlier - I had that much going through my mind I confused myself totally (and you, by the sounds of it)....

What you should be sending is the new forgery letter and mention in it that your address was wrong - from your quote

The very first line of the t&c's though says 'This agreement is between XXX and the address XXX and us - however the address they've put is my current care of address and not my registered address or where the card was originally taken out at? Have they cocked up here??

That in itself renders it unenforceable. Ok you need to do a little bit of checking now, the actual CCA should have all the prescribed terms and your signature on the same page - if not, it must clearly link to them within attached terms....

Also, part of CCA Request means they should send terms from the time you took the card out and from now, i.e. the relevant and current versions. So you need to check things, do a google search and find out the rate of charge from the date you took the card out, does this match with the alleged relevant terms they sent you with the wrong address on?

See what i'm getting at here? You need to first check the finer points, then post back with details but from first glance i'd be saying send this: CCA Dispute - Forged Document Supplied

never-in-doubt

midastouched wrote: »

I have a rather complex problem with LTSB and would like to PM you the details for your advice (with your permission of course).

Keep up the great work and thank you again for helping me get back my self-esteem.

:T

Hiya

Thanks :D

Feel free to PM but I do ask that you post things here cos you never know, it may well help someone else! The only exception to this is where you need advice that others maybe wouldn't necessarily agree with (i.e moral points)

St0lli

Hi Niddy

Just to keep you updated on my CitiCards & Clarity situation. After sending a 'this is in dispute letter' to Clarity I received a response from them yesterday....
"I write with reference blah blah blah. Given the information contined in your letter I have returned this account to our client. Any further communication to you will come direct from them"
Hmmmmm wonder what CitiCards next move will be......

Thank you!

PS Fab new thread... very clear and informative as always. The time you spend on here informing people of their rights is phenomenal!!! :beer:

never-in-doubt

St0lli wrote: »

Hi Niddy

Just to keep you updated on my CitiCards & Clarity situation. After sending a 'this is in dispute letter' to Clarity I received a response from them yesterday....
"I write with reference blah blah blah. Given the information contined in your letter I have returned this account to our client. Any further communication to you will come direct from them"
Hmmmmm wonder what CitiCards next move will be......

Thank you!

PS Fab new thread... very clear and informative as always. The time you spend on here informing people of their rights is phenomenal!!! :beer:

Hiya

Great news - that means that they cannot find the agreement and as such they will pass it back to the OC to try and bullsh!t you - shame on Citi - we'll have this in the bag soon enough! Muppets :rotfl::rotfl:

midastouched_2

£22,000 Approx. Total Debt With LTSB Comprising:

Credit Card (circa 2004) With £12,500 Limit (Balance £13,000)

Unsecured Loan (circa 2006) Of £5,000 (Balance c.£2,000)

Unsecured Loan (circa end. 2007) of £7,500 (balance c. £7,000)

The credit card was taken out at a time when I wasn't even earning. I went in for a review and the guy foisted it on me saying basically "we'll put down you're earning £xxx a month..." (I kid you not). I'm pretty sure I just filled in a form on the back of a leaflet so I'm confident I can tackle this one head on with the template letters.

Ditto with the first loan (taken out to pay off said credit card).

The last loan was taken out after April 2007. The funny thing is, I had a phone call from my personal advisor at the bank a couple of days after taking out the loan saying, "can you come back in as there is another form that you need to sign". So a few days later I did but they had no idea what I was talking about and said that everything was fine?!

Up until the beginning of this year, my credit rating was probably A+ as I managed to juggle my finances enough to keep the wolves from the door. However, my wife and I have recently split up and I am no longer living at the addresses held on file with LTSB. I'm officially 'no-fixed-abode' and am relying on friends/family for accomodation. Also, the recession has hit me hard and I'm currently only working part-time making about £500 a month - with little prospect of an increase in that figure anytime soon. Thinking of getting a P.O.Box No from Royal Mail - is that a good idea?

To my credit, I did contact my branch in december by recorded letter explaining my financial situation and asked to have all my payments halved for the next six months. I didn't sign the letter - just computer printed by name in capitals. I got NO response which !!!!ed me off to be honest as I thought I was doing right by contacting them before they were aware of a problem.

Re-sent the same letter (recorded) in early January with the same outcome. It was about this time that I went online to see if others were experiecing similiar issues. Wow! What an education. After much research, I'm of the opinion that the whole banking system is on the verge of collapse and I no longer want to act morally (whatever that means) and am quite happy to default and live with the consequences - especially given how the banks themselves have been so greedy. I do though still worry what the banks powers are in my case.

I have a joint mortgage with my wife (different bank) and am concerned that my house may be at risk if i follow through with my plans. Can you please ressure me on this point? Also, with Loan 2 being after April 2007, what process would I follow here? Further, do I send just one letter to cover all accounts or a seperate one for each?

I finally received a letter from the collections dept with a financial statement for me to fill in and return. Should I do that first or just go for the jugular with letter 1?

I hope I haven't confused you too much with my financial and worldly woes, and I thank you in advance for any help and guidance you can give.

Gratefully,

Midastouched

leanne82duke

Hi NID x
i dont know how to quote my message from the old thread but if you remember i posted about mums debt being statute barred.
she has checked on her credit file and it does not show up at all, nor do any of the debts being dealt with cabot, what do you make of that?
it all looks a bit dodgy to me but then again so does most stuff........ x

never-in-doubt

leanne82duke wrote: »

Hi NID x
i dont know how to quote my message from the old thread but if you remember i posted about mums debt being statute barred.
she has checked on her credit file and it does not show up at all, nor do any of the debts being dealt with cabot, what do you make of that?
it all looks a bit dodgy to me but then again so does most stuff........ x

After 6 years the CRA's automatically remove the data - it is, as you say SB'd now so all is well, that is what should happen.

Plan working a treat :D:D

wibbl

Hello NID,

I have been reading thru this thread (and the others on this same subject) and am tempted to take the action you suggest, but at the beginning you say:-

"If you're not defaulted and have a good credit file, then this may not be the best route for you as a default is almost inevitable."

My question is, if you haven't defaulted then what is the best action to take?

I hope you can help & look forward to your reply.

Thanks

Wib

never-in-doubt

wibbl wrote: »

Hello NID,

I have been reading thru this thread (and the others on this same subject) and am tempted to take the action you suggest, but at the beginning you say:-

"If you're not defaulted and have a good credit file, then this may not be the best route for you as a default is almost inevitable."

My question is, if you haven't defaulted then what is the best action to take?

I hope you can help & look forward to your reply.

Thanks

Wib

You will get defaulted as you have to cease repayments so if you only have one card for example, it isn't worth pursuing unenforceability - if however you've lots of debts and cannot get yourself out of a hole, then consider this process.

wibbl

Thanks for your prompt reply.

Well, I have 1 card that is just over 7k and can't seem to make a dent in it and will probably end up defaulting or going completely broke trying to pay it off anyway so I think it might be worth a shot.

Wib