Unenforceability & Template Letters III

never-in-doubt

swanfan02 wrote: »

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

Have you sent them my final response letter from page 1? if so, yea - move on, forget it. If not then send it.

Sorry I do not remember the in's and out's of everyones details

swanfan02

never-in-doubt wrote: »

Have you sent them my final response letter from page 1? if so, yea - move on, forget it. If not then send it.

Sorry I do not remember the in's and out's of everyones details

Yes final response already sent, sorry for not being crystal.:D

maximoomoo

Hi guys

I have received a reply from Cabot financial after I requested a copy of my CCA.

What I received back was a 'Reply Card' which states in it that 'this is a credit agreement regulated by the Consumer Credit Act 1974'. This was the card I sent applying for the credit card. (16/12/02)

It does contains my signature but not the lenders.

It does NOT contain details of credit limit, interest rates, repayment schedule but it does refer to their Terms and Conditions (Jan 2002).

The terms and conditions they supplied is a photocopy of a leaflet which does not contain any signatures but does include a section on Amount of Credit, Rates of Interest and Timing and Amount of Repayments (plus a whole heap of other stuff).

The 'Reply Card / CCA' also has a clause in it that states 'I have read and agreed to be bound by the Terms and Conditions' and another that states 'I agree that whether I am approved or not, information about me may be used by ........' which shows it was an application.

Anyway, I'm not sure where I stand so any advice would be greatly received.

Thanks

Maximoomoo

never-in-doubt

maximoomoo wrote: »

Hi guys

I have received a reply from Cabot financial after I requested a copy of my CCA.

What I received back was a 'Reply Card' which states in it that 'this is a credit agreement regulated by the Consumer Credit Act 1974'. This was the card I sent applying for the credit card. (16/12/02)

Hiya

send this back: CCA Query

never-in-doubt

Wispa1 wrote: »

My Egg CCA - However they have now come back with the following:

Don't worry about this too much right now, send the following off to them and forget it until the court case in (June)... Debtors Final Response - CCA Received

Wispa1 wrote: »

"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".

Is it? :rotfl: :rotfl: :rotfl: (sarcasm by the way!)

Wispa1 wrote: »

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

Can you email me a copy, you have my email right? I am only here tonight though so do it soon or it'll have to wait til Monday

Wispa1 wrote: »

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

Well just wait and see what happens......

As things stand all 3 are unenforceable, you're not paying are you?

maximoomoo

never-in-doubt wrote: »

Hiya

send this back: CCA Query

Thanks for your swift reply NID.

I take it the smiley face means its good news, unless they manage to produce something else!!!

The most important thing to me is not to avoid payment but to clean up my credit file.

This particular account has a default date of 28/12/04 although the last payment made according to the statement they sent along with the 'Reply Card' was 23 Nov 06. Am I correct in thinking that regardless of what happens it will drop off in December of this year anyway? (I'm in Scotland).

Thanks

Max

never-in-doubt

maximoomoo wrote: »

This particular account has a default date of 28/12/04 although the last payment made according to the statement they sent along with the 'Reply Card' was 23 Nov 06. Am I correct in thinking that regardless of what happens it will drop off in December of this year anyway? (I'm in Scotland).

Thanks

Max

Yes good news :T :T

Yes it will drop off Dec/Jan time.....

Statute Barred kicks in after 5 years so it becomes legally un-collectable from Nov next year (2011)

maximoomoo

never-in-doubt wrote: »

Yes good news :T :T

Yes it will drop off Dec/Jan time.....

Statute Barred kicks in after 5 years so it becomes legally un-collectable from Nov next year (2011)

Statute barred only kicks in if you have not ackowledged the debt in the last 5 years as well though doesn't it? I contacted Cabot a couple of weeks ago asking for statements (need them for divorce proceedings) and also putting an excerp in there that I needed them for that purpose and that it may assist in me repaying the debt. I was trying to appeal to their better nature.

If its unenforceable then can I not push to get the default removed from my credit file now?

And does unenforceability just basically stop them from being able to harass me for the money?

Thanks again

Max

Rainbow_Liberty

never-in-doubt wrote: »

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

No problem, to be honest if I can get the main ones as unenforceable and so this would be my only debt (along side my overdrafts but Im hoping to get my charges back through hardship) then I should be able to manage to repay this one. They have written to me a number of times and each time reduced the amount they have offered to accept from me. The last one I had offered me it at 50% bf offered to pay it for me but I didn't feel it fair to pay them off when the other debts were only getting £1. Didn't want to favour anyone - do you think I should wait until the others get back to me with the CCA's or take my bf up on the offer of him paying it off for me at th 50%.

My only worry then is if any of my others are Enforceable I would need to do a DRO and would they want to know why Robinson Way were paid off.

never-in-doubt

maximoomoo wrote: »

Statute barred only kicks in if you have not ackowledged the debt in the last 5 years as well though doesn't it?

Correct.

maximoomoo wrote: »

I contacted Cabot a couple of weeks ago asking for statements (need them for divorce proceedings) and also putting an excerp in there that I needed them for that purpose and that it may assist in me repaying the debt. I was trying to appeal to their better nature.

Big mistake - sorry but that rules out statute barred then!

maximoomoo wrote: »

If its unenforceable then can I not push to get the default removed from my credit file now?

No - do you read anything on here? YOU WILL BE DEFAULTED - ACCEPT IT AND MOVE ON - OR PAY THE DEBT!

maximoomoo wrote: »

And does unenforceability just basically stop them from being able to harass me for the money?

No - not at all they can hassle you all they want. Please tell me you have actually read part of this thread? If you've jumped in too quick then you're about to sink!

Sorry but these questions soooo wind me up. I do not see how anyone can sit there and listen to advice without even reading a few pages of a thread. Page 1 has detailed flowcharts and this explains EVERYTHING in detail, there is also a FAQ on page 2!

Please start to read, all your questions and concerns have been raised already!