Unenforceability & Template Letters III

monlou

keep clicking the saved setting buttons dont know why it keeps blocking you
thanks

never-in-doubt

monlou wrote: »

keep clicking the saved setting buttons dont know why it keeps blocking you
thanks

Have you clicked "enable private messaging" - if you de-select it then the options below it become un-clickable, ie they grey out? You need to set this properly, so tick and untick it and check it greys itself out.

Then make sure it is ticked and then click "Save Changes" at the bottom of the page....

However now you have my email addy so please email me the documents yea? :beer:

monlou

Yes Thanks for the email address sorry to be a pain
have done what you said below but the boxes do not turn grey have save settings etc.. I think I may have to notify the moderators

never-in-doubt wrote: »

Have you clicked "enable private messaging" - if you de-select it then the options below it become un-clickable, ie they grey out? You need to set this properly, so tick and untick it and check it greys itself out.

Then make sure it is ticked and then click "Save Changes" at the bottom of the page....

However now you have my email addy so please email me the documents yea? :beer:

swanfan02

never-in-doubt wrote: »

Hiya

See page 1 - send this: 3.3 - CCA Query - Copy Document Supplied

Hi again NID. Postman has brought better news today, final response from Citicards. Not sent them a final response yet, just checking that i should send them back a final response. Is that right?:D

mojoparrot

never-in-doubt wrote: »

Hiya

I'll work on the emails (how many) :eek: throughout today for you, i'll update this thread / reply to emails as and when I get through them - am a wee busy right now to be downloading loads of documents but reast assured it'll be sorted today for you

Hi NID
Thanks for that, sorry there were so many I had to send them 1 by 1:o
My mum had a M & S store card CCA but I looked through previous posts and think I did ok,
Store card agreement from 96, incomplete terms, no reference to seperate terms and was an app not agreement plus no variation its now a visa. She did not fill in the form it was filled in by another hand (in store but I know she had the card before 95 as I was pregnant then and I remember her having the card so very baffling!). Sending CCA query?:o
Mojo

a-smith_3

Hi NID

I'd seriously suggest you start from scratch and send the following, with £1 again....

Doin so follows process and allows me to help you, without such I cannot help as i'd never feel comfortable knowing that the incorrect and without prejudice letters will be ignored.

How many accounts do you have (looking for unenforceability?) if only this one, you're mad - you know you'll get defaulted right?

Let me know, obviously you are the one with the knowledge of this account and whether it is worth ruining your credit file over...

I think the file is shot to bits - five - egg who sent the agreement that I need to look at, the above B.card, and folowing CoOp and Halfax
Plus MBNA who responded to my original (bad) letter with we will get back to you!

The OC (original Creditor) can sell the debt as they see fit, so long as they send you notification of the sale/assignment to the DCA.

Originally Posted by a-smith
I do not understand if the dept collectors are acting for a client (as they say) or have bought the debt - I think you are saying it’s academic - just reply to whoever is hassling you and let them sort it out ?

Yes, the DCA can hassle you on behalf of the lender. Usually a lender will default the account and then sell it to a DCA who then registers ownership. So if a DCA writes to you, you respond to them.

as for the CoOp and Haifax accounts who have ‘passed my account’ to a debt collectors who Now threatening the usual court cation, attachment of earning, door step collector etc. etc.
How do I get Back On Track

The debt collectors say or imply that they are acting for clients and I have had no notification of sale

Do I send the debt collectors - step 1 letter ‘Request for a copy of the Original Credit Agreement (Consumer Credit Act 1974)’ and my £1

Or can I say to the debt collectors that the account is in ‘Default’ and ask them to refer it back to the Original Creditor/s (CoOp and Haifax) as I had several default notes from the them. I have at least expressed my concern over the Unenforceability and (all be it badly) asked for a copy of the credit agreement for the accounts

Them send CoOp and Haifax each - step 1 letter ‘Request for a copy of the Original Credit Agreement (Consumer Credit Act 1974)' with my £1

regards A

a-smith_3

Hi Nid

re B.card

Originally Posted by a-smith
Another B.card replied asking for £1 - which I sent and a reminder a month ago - but I have had no reply,

Then wait - they are in default until they do reply with your CCA request.

Originally Posted by a-smith
I had other correspondence with B.card and arranged a reduced payment plan - I am a day or so late with the reduced payments, do I not pay it and send the ‘CCA Dispute / Section 10 Request’ letter ?

You can do,

I'd seriously suggest you start from scratch and send the following, with £1 again.... Step 1

Do I keep up the a reduced payment plan for now ? - stoping payment comes later in the step by step

regards A

Alpina

Hello, hope you have chance to have a look at my situation below.

Have been on holiday today, and have been on the forum all day coming to grips with whats what. Think its about time i truely faced up to the mess i have got myself into and to stop ignoring it as it only gets worse.

To the point, i have/had a credit card with Capital One taken out about 5-6 years a go, i fell behind with payments roughly 4 years ago.

Long and short i stuck my head in the sand hoping it would all go away........

I moved from the address where the account was registered and a company called Byran Carter traced me to my new address, again i ignored all their letters until i recieved a CCJ from Northampton Court which was issued in Jan 2007 for £249.00, £157 for debt and £92 for costs, which i believe was only a percentage of what i owed, the judgement ( in default) set out i pay £50 per month until the debt was paid, i started payments as required by the order.

In the meantime i moved home again, and was traced again by Bryan Carter, then
Bryan Carter wrote again in June 2009 chasing the oustanding balance, again i just ignored it, i recieved another judgment ( in default) for £849.26 plus £147 for costs again to be paid by £50 installments, being my stupid self i completely ignored the judgement. In Dec 2009 a letter arrived stating that baliffs would be sent to my home, if i didnt pay £172.75 (£72.25 outstanding balance, £100 balliff fees), this was followed up by a warrant of execution in Jan 2010 for £1068.51 and a judgement ( in default) from the courts in Feb 2010 which asked for the fees on the warrant £172.25 and the oustanding balance of £896.25 to be paid. I paid the fees of £172.25 as a minimum advised by the court in question.

Also when i moved again i forgot i still owed one payment of £49 from the first judgement, they had already traced me at my new address, a letter arrived based on the first judgement and a warrant of execution letter arrived in Jan 2009 for £76.25, which i paid.

Right upto date now and another your account has been referred for issue of a warrant of execution letter arrived 22nd April 2010 for a balance of £968.51.

What if anything can i do now, i know that sticking my head in the sand was the worst thing i could do, and i only have myself to blame for my situation. I would just like a little advise on where i stand, i did think that alot of my balance would be made up of late charges etc and wondered if i could perhaps persue that route, or maybe request the CCA from Capital One or Bryan Carter and see where that takes me.

Or maybe theres nowhere to go and i need to accept that i do owe the money and pay up and stop avoiding my respinsibilities, after all i took on the credit.

Take it easy on me, i know i'm stupid..............................

Thanks in advance

Locke

never-in-doubt wrote: »

LOL - they are cheeky sods.... it will be a "yes - 60 second application form" we hope

However as for words, just tell em straight, ring me again muppets and i'll 'av ya for harassment :rotfl: :rotfl:

Finally got a reply from Capital One.:j

They've sent a reconstituted agreement with a scanned copy of the signed signature page of my original agreement which didn't contain any of the prescribed terms as far as I can tell although they do assure me (lol) that the prescribed terms were on the reverse , they've just shrunk it down to make out they've cut it off the bottom when it's from a full application page.

I can't get imageshack to load up at the moment but it's the same as in the link below word for word only shrunk down smaller, I'm sure you've seen it a few times before.

http://forums.moneysavingexpert.com/showpost.php?p=17138635&postcount=25

What move should I make now?

Also, how do I post a link while only showing the post number if you don't mind me asking?

never-in-doubt

swanfan02 wrote: »

Hi again NID. Postman has brought better news today, final response from Citicards. Not sent them a final response yet, just checking that i should send them back a final response. Is that right?:D

Hiya

edit last advice and send this to citi: Debtors Final Response - CCA Received :D