Unenforceability & Template Letters III

in_to_deep

never-in-doubt wrote: »

Haha - yea, go for it.... Barclays (and the others) must know that we know they are sending blanket responses? They are soooo thick!

maybe they need to join here and let me teach them a thing or two about the CCA, yea? :rotfl: :rotfl: :rotfl:

hi nid
got reply back from barclays after sending one of nidys ace letters[ post 886]. just saying we have already set out in detail
why we are satisfied that the documents already provided to you have discharged out obligations under the act. we are under no legal obligation to provide any further documentation.is it time for final response no cca? thank you

never-in-doubt

Tixy wrote: »

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?

Hi Tixy,

Good point, I see what you mean. I don't really want to deviate from the actual issue here - i.e. people that I tend to help here are willing to trash their credit files, i'd really suspect they will not want to go and get into the same mess again after 6 years - if they did i'd have no sympathy for them - plus s.78 would not be relevant in the slightest lol.

However, to answer your point you need to divert your attention away from the CCA and start to look at HMRC and DPA legislation. So, lets assume then I had a loan with RBS in 2003, (defaulted in Jan 2004). They would then register a default with the CRA's which would, rightly, stay for a period of 6 years (Jan 2010). After the 6 years have passed the default would automatically be removed from the credit agency records and you'd then be "free" to apply back at RBS for another loan. Why? Because RBS and all other banks only retain live customer data - they do not (and cannot) retain records unless they are processing the data (DPA). Starting to see where i'm going now? So, assuming I defaulted in Jan 2004, the account would have been sold to a DCA who becomes the legal owner of the account, as the Original Creditor will have transferred the rights, they also transfer the ability to remain the data processor and instead become a third party.

HMRC also stipluates a bank should not retain data for longer than is necessary, usually and collectively, 6 years from date of account closure would be the end of the matter.

Now, interestingly, most banks actually only search back 3 years, so a freaky scenario could be that I got defaulted in Jan 2007, I then ignored RBS who sold the account to a DCA. In Feb 2010, I decided to apply to RBS for a loan, i'd have as good a chance as you would because to them, 3 years ago would have been passed on the January so your CIN (customer Identification number) would be erased, unless the bank still had a reason to process your data.

God how confusing..... I understand all this, but trying to put it in writing is extremely hard! Hope that makes sense, if not just ask again for clarity...

In a nutshell, you would eb fine to apply to a defaulted lender after 3 years from account closure, after 6 you'r be almost guaranteed it.

Now, who says the banking system aint fcukked up? :rotfl:

never-in-doubt

in_to_deep wrote: »

is it time for final response no cca? thank you

Indeed it is - well done, just send that and then ignore them :T

never-in-doubt

Flower567 wrote: »

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!

Hiya

Just ignore them and move on - you start reporting fraud on an account you're denying is yours is ermmm, kinda odd to say the least! You aint paying them 1p back, so no offence but do you care if they charge £20k onto it? lol

See where i'm coming from?

never-in-doubt

Rainbow_Liberty wrote: »

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.

Hiya

I'm really not going to have time to get drawn into that, due to the small amount why don't you haggle with them and pay that off at a reduced rate, like 50% F&F settlement? Its actually a nightmare and they have been on watchdog before - i'd need to invest too much time and being honest, if it were me, i'd pay this one back. Or at least go speak to a lawyer and get free legal advice, assuming they have indeed not acted when you cancelled..... maybe even complain to the FOS (as the finance should be governed under fos)....

Sorry, also i'm away all weekend myself, today is my last day til Monday

never-in-doubt

DebtFreeOneDay wrote: »

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

Hiya

Page 1 - CCA Query - Copy Document Supplied

Send that!

never-in-doubt

hamsterlady wrote: »

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.

No a folded page does not mean it is unenforceable :rotfl:

Read here: Egg Card - CCA Flawed?

And look at CAG (http://www.consumeractiongroup.co.uk...ents-what.html) for further details..

never-in-doubt

POSITIVE_AND_FOCUSED wrote: »

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!

Hiya send the CCA request, dont worry about paying - they can't exactly do anything to you lol. If it was from 1999 then it will be unenforceable, pretty good chance of it anyway!

Send the CCA Request template - don't make the payment in May and update me when they reply.

swanfan02

never-in-doubt wrote: »

You leave them a month to find the CCA. Its unenforceable anyway so why rush them? Until they now supply it, the debt is unenforceable.

Hi Niddy Final response from LTSB refering me to FOS . Is this now deadlocked?

DebtFreeOneDay_3

Thank you very much NID, will let you know how I get on.