Unenforceability & Template Letters III

never-in-doubt

mojoparrot wrote: »

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

Hiya

Sorry, is your mum these accounts we're working on, or are they your accounts? I'm confused....

Going on above then yea, send this: CCA Query

never-in-doubt

a-smith wrote: »

Hi NID

regards A

Hiya

Ok, to be honest you would be better sending the following CCA Request , plus £1 to each of the creditors you have - if you want my advice/help that is what i'd do - at least then I will know any advice given is spot on, right now i'm not comfortable giving advice as I really think you've got nothing much to stand on until you send proper letters that can be used to defend you, in court.

never-in-doubt

a-smith wrote: »

Hi Nid

re B.card

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

regards A

Send this, with £1 and cease payments until you get a reply: CCA Request

never-in-doubt

Alpina wrote: »

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

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

Thanks in advance

Hiya

Send a Private Message to 10past6 and he will advise you as appropriate, he is the expert on getting CCJ's sorted for people....

Just say Niddy sent you, and be patient - he is extremely busy.

If it can be sorted, 10past6 will sort it for you.

flo5

never-in-doubt wrote: »

Hiya

Ok send this letter to the idiots that sent this warning (:rotfl:) and a copy of both their letters - lets see what they come back this time! :mad:

You'll notice I have used their own comments against them, reversing things and telling them the law - god they soooo wind me up! I have smoke coming out my ears right now :mad: :mad:

You gotta love my way with words - whatever you do DO NOT amend the letter, trust me here ok?

Thank you so very much, l will indeed send it exactly as you have written it and let you know if or when they respond.

Bless you you are indeed an angel:A

never-in-doubt

Locke wrote: »

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?

Hiya

send this back to Crappy1 - CCA Query

Regards to posting a link to the post number, just copy it from the actual post:

Example: Start Here - https://forums.moneysavingexpert.com/discussion/2305463

Then at the top right hand corner, you will see post No.1 here: #1

To get that number one copied, simply drag your mouse over it and select copy - you know, highlight it blue then click copy :D

carol01

hi n.i.d
not sure what to do as regards to halifax letter recieved i have put it up #2159
could you please please have a look for me when you have a little minute
thanks n.i.d

libbyjade

Hi Niddy,

Long time no post! I thought I'd escaped the draw of the forums, but they've dragged me back in! :rotfl:

Cap 1 have sent me another letter. Not really sure why as they sold the debt to capquest if you recall and my most recent letter was only sent to capquest #592

Basically it says as we have complied with our obligations under s78. we will not be entering into any further correspondence regarding the provision of copy agreements. Your agreement is enforceable and we will continue to treat it as such.

We will continue to pursue the outstanding debt and do not consdier this account to be in dispute...bla bla I still need to pay.

I enclose a copy of your current terms and conditions.

Should you have an queries regarding the enclosed documentation write to me at ....bla bla.

the end.

What I've noticed is the reconstituted T&C's they have sent this time does not have my correspondence address on. If you recall, the last time they sent me it, it did have - and this address was never the address the agreement was taken out from. Which they should have picked up on as the application they sent posing as a cca did have the correct address on - dopes!! :rotfl:

Let me know if I need to do anything mate or ignore them and just wait to hear from capquest.

cheers matey.

Alpina

never-in-doubt wrote: »

Hiya

Send a Private Message to 10past6 and he will advise you as appropriate, he is the expert on getting CCJ's sorted for people....

Just say Niddy sent you, and be patient - he is extremely busy.

If it can be sorted, 10past6 will sort it for you.

Thanks have PM'ed as you suggested:)

libbyjade

Hello again peeps,

I did say you shouldn't have got in touch with me whilst I was away Niddy, I'll hang around like a bad smell now! :D:rotfl:

Only other bit of junk I got recently was from a new DCA 'United Creditors Alliance' chasing my American Express debt.

Again if you recall #1128 & #1147 RMA / NCO Europe were chasing the Amex debt, then RMA said they were dropping me. Now this UCA have written saying Our Client American Express has asked us to get in touch to try to avoid unecessary formal proceedings that unfortunately could now be brought against me for non payment of my account.

Due to the time that has already elapsed, the most important thing you should do right now is to call on receipt of this letter (yeah right :rotfl:) and register my intention to resolve this matter on a voluntary basis. You have our assurance that on receipt of that call, we will suspend any further action for the period of time necessary to assess your situation and implement a reasonable repayment plan to bring this matter to a close.

Please call number below & speak with one of our reps the issues that have, to date, prevented you from paying the above balance.

We will endevour to help you and explore the many options available to you, some of which you may currently be unaware of.

The thing that gets me, is this address is another Preston PO Box address. It's as if they have about 10 company names in the one building with different PO box addresses and just keep passing it on after you send them final responses. I sent the last letter to RMA - do I need to write to these muppets now??

cheers again pal:D:D