Unenforceability & Template Letters III

never-in-doubt

mojoparrot wrote: »

Hi NID
Hope you are well.:j
If there is PPI on an agreement that I wasnt aware of then how do I go about recaliming that - or should I not bother? I know PPI is not your thing but if I'm going down the unenforceability route do I send out the letters on the MSE website or do you think I should let it go?
Thanks
Mojo:D

You would not bother cos all it does is lower the debt - they will not send you a cheque, you know this right? Also, why reclaim something on a debt you aint paying anyway? lol

BUT if something comes back enforceable, then yea read here: http://www.moneysavingexpert.com/reclaim/

Flower567

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!

HI NID

Thank you for your reply. That is good to know! I checked my statements when I got home last night and the weird thing is this credit is showing on my account - it is to a poundsaver company in December, one amount for £98.14 and another for £1.61 - as stated previously I KNOW that i have not used my card since about June last year (started this in November) - I have checked my diary and in fact on the transaction date I was on my Work's Xmas Do so know I havent - do you think MBNA would do this to say that it is unenforceable as I have used the card!!!!!!! - I am worried somebody has now used my card - however, should they try again they wont be able to as am presuming MBNA have blocked this. I am so much more familiar with the process now and am of the mindset that it is unenforceable and they cant do anything - still scary though!!!! I am not sure whether to report this to the fraud department or just lie low!

I do not have a scanner but am trying to borrow a friends so I will try and get the letter scanned in!

Rainbow_Liberty

Morning Nid

Sorry to be a pain but did you manage to have a look at post #1978 re the gym thing, they have asked that I respond within 14 days and I will be away. I've already cancelled the standing order for the 11p they were receiving and I'd just love to have something sent off to them before I go so I don't stress over it while Im away.

hamsterlady_2

Hi, new and now really muddled, I have a recently recieved egg credit agreement after requesting copy, dated 2002, (Approved limit instead of credit limit and signature on a seperate page, wierd line across the front like it has been folded ect.) Does this mean it may be unenforcable?, any help would be great.

DebtFreeOneDay_3

Hi everyone this is my first post and I wanted to say this site is fantastic and the advice that everyone gives is amazing. It was the excellent templates for cca requests from Never In Doubt that got me to send a request to Lloyds for my credit card.

Some quick background, I am slowly working my way through my debts but Lloyds continue to make my life miserable even after our only income from my OH was gone after he was made redundant. I sent the cca request after they defaulted me and after the letter I have just received dont know what to do. It is a reconstituted version as they say they are looking for the signed copy and that I dont need to see a signed copy and they will not accept any further correspondence from me, so dont know which template to use or what I can do. I feel like they are dismissing me as I took the card out in 1997 and they have not even mentioned in this version any old name or old address, should they?

Hope someone can advise me would be really appreciated, hope I did this right not the most technically minded person! Thanks for reading.

POSITIVE_AND_FOCUSED

Hi there, what a great site, and just wanting to seek some advice if poss. I have had a credit aggreement with MBNA since 2nd March 1999. I did repay the debt in full at one time but never fully closed the acc, and then I recd notice of a balance trf deal they were doing and so decided to use them again. They recently put my interest rate up so that now I am simply not paying any debt off at all. I am exasperated with them. I have contacted them to explain my situation to no avail, and it was advised that I speak to the Cust Service team with my ongoing request to reduce the rate so that I can repay the debt. However, having looked up re unenforcability both here and on the National debtline website, I want to give this a shot. The only thing is in my recent call to MBNA, it was agreed I would speak to someone today regarding getting repayments sortd. My next dd is not due until the 12th May and I wil not be able to fulfill it since they have upped the amount they want. Since the unenforcability letter gives 14 days which is within the timeframe of now to 12th May, should I bother at all contacting them. I have written to them this last year, phoned them, and my situation falls on deaf ears. I dont feel I owe them anthing. Its just talking to a brick wall. Anyway, am sending the letter off today with a £1 postal order, and your advice as to whether to speak to them by tel too would be appreciated. What concerns me is if the agreement proves valid, and then of course I would need to be upstraight with payts and so by speaking to them and organising a repayt plan would hold me in good stead..

Thank you in advance for your help.
Take care!

Wispa1

Hi NID - I hope you are well. I see you are getting very busy. I just have a couple of quick questions please.

My Egg CCA came back with the "approved" limit rather then credit limit :j:j. I sent the letter from your Egg thread. However they have now come back with the following:

"your letter states that not all of the prescribed terms are set out in your agreement, without explaining which terms you intend to refer to , we cannot respond to unparticularised allegations" and

"it is a well established point of law that schedule 6 of the consumer Credit (Agreements) Regulations 1983 does not require the credit limit on a running-account credit agreement to be described as "credit limit".

I am not sure of how to respond to this, please could you advise.

Also Lloyds have sent me a copy of my "Asset Gold guaranteed card" application form. Please can I send you a copy for you to glance over it as I am not 100% certain on this one? With many thanks once again in advance

By the way MBNA sold my account on to Optima Legal - it took them 6 months to do so - they have already had the "account sold onto to DCA letter" so thanks again

Tixy

Niddy - I have a question which is possibly relevant to this thread (to be honest might have been discussed before in the last 103 pages or last 2 versions of the thread - needless to say nobody but you has read them all!).

Just something I have been wondering about.

If someone decides to stop paying an unenforceable loan to, say, the halifax. Obviously they will get a default for 6years. Do you think that the banks will be holding a long term list of customers who have done this so that they don't ever lend to them again? Obviously banks often don't keep records past 7years or so but nothing to stop them keeping such a list for a very long time if they wished.

And if so and you cannot borrow from halifax again (and therefore presumably also bank of scotland and maybe even lloyds tsb if they kept a cross group list).

I wonder if people have several agreements that they find to be unenforceable all from different banks could they actually be making it impossible, or much harder at least, to get any future finance from large swathes of the UK banking sector?

What do you think? likely? possible?

never-in-doubt

Utopia wrote: »

I will get the info to you tomorrow once I've had my forty winks. I'm on nights again tonight and everything's at home.;)

Hiya Utopia,

The M&S stuff you sent me is 100% UNENFORCEABLE so you do not pay anything to them and you send the following letter back: CCA Query

:T:T

Utopia

never-in-doubt wrote: »

Hiya Utopia,

The M&S stuff you sent me is 100% UNENFORCEABLE so you do not pay anything to them and you send the following letter back: CCA Query

:T:T

Hiya again....

Sorry for the hiccup with the scan's however got there slowly but surely in the end.....and what a result!! :T

BIG hug and thanks for all your guidance so far Nid. Certainly couldn't have even attempted something like this without your knowledge and eagerness to help others . :kisses:

All Hail The Nid !

X





I got there in the end.