Unenforceability & Template Letters III

pebbles88

im hoping to catch 10past6 soon for his help here.

have just received 2 sets of blue court papers.... one for me one for dh, although our names appear on both iyswim....

i havent the foggiest what to do now!

Moobags_2

Wispa1 wrote: »

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".

Hi Wispa
I read your post with interest as I'm a stage behind you and just about to send the letter from the Egg thread
Please let us know what response if any you get to your next letter so I know what to expect

trigger1812

Hi Rainbow sorry it was not meant for you just in general cause sometimes newbies dont always read up lol x:D

evilcartman

Wispa1 wrote: »

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".

Interesting. They've not tried pulling that one with me yet.

10past6

pebbles88 wrote: »

im hoping to catch 10past6 soon for his help here

I've replied to your PM

pebbles88

10past6 wrote: »

I've replied to your PM

thankyou,

just replied back.... what a nightmare!! not you but them!

missal

Hi,

You last replied to me in post #677

heres a scanned copy of what i received and the quality is like for like to what i received, even the chopped off bits - they are not the scanners fault lol!

Thanks for looking

catherine238

never-in-doubt wrote: »

Doesn't matter if they find your CCA, the Index card (Littlewoods) does not have anything in the terms to allow them to share data - i'm sick of telling them this! You're dealing with Credit Acct Management/Phoenix Recoveries I presume?

They will not find it, cos they know it's unenforceable so send this and consider this account closed/unenforceable from here-on-in: Debtors Final Response - No CCA Received



One default per account. Ulster is Natwest, they are a nightmare at the best of times..... Wait and see what they send back - give them a week or so then come back to me.



This confuses me - you need to elabaorate a lot more. Who is investigating, how did you find out? Tell me more - lots more!



There cannot be 2 defaults for one debt but you just said it is 2 accounts and one you don't know about?



No you'd be sending this: You know nothing of the Debt / Prove It



NO! Make no offers as yet..... :D

Regards to the CRA's - I am not getting drawn into this right now. It would not affect you anyway, it would be from the future and we will not know until June, but the UK does not have to comply legally until 2011. Its too complex and you're worried for the wrong reasons, concentrate on the defaults first and foremost!

hey nid hope your having a wonderful time away just updating you on my cases. Well cabolt have replied to my Debtors Final Response - No CCA Received letter with a standard fob off saying no we can not find the cca as original creditors are having trouble finding it but they will keep asking for it. they have suspended trying to get the money of me untill they can find it. its been 1month since my first cca claim. so they never really confirmed they cant find the cca how do i get to confirm so i can get the default removed. look forward to hearing from you
catherine

still no word from equifax, ulster bank and c l finance about the duplicate de fault i hope no news is good news

mojoparrot

Hi NID:T:T

Could you have a look at my Dorothy Perkins account please? I have emailed you the scanned copy. (MOJO/DP in title bar)

26/3/10 sent CCA request
12/4/10 sent CCA reminder
Received 14/4/10 "credit agreement" and statement of account.

The document was completed by me over the counter in store in 2000 it says agreement. What do you think?

Thankyou muchly:D:D:D:D

XX HAVE A SUPER, WELL DESERVED, RESTED, COMATOSE. WEEKEND AWAY XX

:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T

Mojo:o

mojoparrot

Hi NID
I'm having a sorting day, more from me...:o

Agreement no 2 that I ask you to kindly review is a creation account.

This has been with Drydens Solicitors for a couple of months...
17/3/10 sent CCA request to solicitors
24/3/10 received an illegible copy of the agreement, reconstituted agreement, new terms, statement of account. From solicitors
26/3/10 sent illegible copy letter to solicitors
3/4/10 received a HUGE (A3) copy of the same documents above direct from lender this time the reconstituted application form/agreement had my name and address hand written in (not by me and the address was lifted from the original app/agreement and was 14 years out of date)
21/4/10 received a copy of the documents sent by solicitors on24/3/10 and the covering letter threatening cout action in 14 days.

I have emailed docs to you again using MOJO/DRYDENS in title bar.

Thanks again in advance:o

Mojo:D