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Unenforceability & Template Letters III

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  • monlou
    monlou Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Thanks Nid
    :)

    Morning,

    Barclays (mums account) - Unenforceable :T - send this: CCA Query - Terms & Conditions Supplied

    Halifax - Unenforceable :T - send this: CCA Query

    MBNA - Enforceable (you done this in Dec 2007 and signed digitally, with the "Tick in a Box" - see note below, from my FAQ, regards to this:



    Regards to the MBNA account, you could try and blag it and see what happens? This is up to you, if they push too hard then we can always back down at a later date but could be worth a punt at blagging it and assuming it is unenforceable - kinda like calling their bluff?

    If you want to blag it send this: CCA Query Update me with whatever they respond with. If you don't, then agree to a repayment plan :D
  • broccoli9
    broccoli9 Posts: 18 Forumite
    Hi there NID - hope you had a great weekend away!

    Just wanted to check next step with one of my situations....

    Cap One CC being dealt with by Capquest
    Sent CCA request - received nothing
    Sent CCA reminder - received photocopied bits and pieces fixed together (app form)
    Sent CCA Query letter - received letter stating they had passed back to Cap One
    Today received a letter from Cap One saying its been passed back to them and asking us to pay them.

    Do I start again with CCA request with Cap One now? Or should they already know that Ive asked for the CCA? I think you said something about sending a final response letter if we rec anything from Cap One - but I was a little confused as all previous correspondance was with Capquest and therefore Cap One might not know that we have asked for it.

    Many thanks in advance
  • Morning Niddy, hope you had a fab weekend :D

    Got a letter today from Moorcroft about BoS, post #1897 . I sent out the Final Response letter to BoS on 17 April and now get letter from Moorcroft saying 'I write to confirm we require a monthly repayment proposal you can afford and maintain, to enable us to assist you further'.

    Is there a letter I can send out to them, We had been paying them but stopped when we asked for the CCA.

    Also got reply today about the BoS Preference Account, is it ok to send a PM to you? Thanks as always mate :D:D
    :idea: Had lbm, switched it off too many times. Now am trying to sort my life out :T:T

    :T Proud Supporter of Niddy :T
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Is there a letter I can send out to them, We had been paying them but stopped when we asked for the CCA.

    You've already done the final response - now you ignore them matey :D
    Also got reply today about the BoS Preference Account, is it ok to send a PM to you? Thanks as always mate :D:D

    Go on mate - what are they saying? lets have an early morning chuckle :rotfl:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    broccoli9 wrote: »
    Hi there NID - hope you had a great weekend away!

    Just wanted to check next step with one of my situations....

    Cap One CC being dealt with by Capquest
    Sent CCA request - received nothing
    Sent CCA reminder - received photocopied bits and pieces fixed together (app form)
    Sent CCA Query letter - received letter stating they had passed back to Cap One
    Today received a letter from Cap One saying its been passed back to them and asking us to pay them.

    Do I start again with CCA request with Cap One now? Or should they already know that Ive asked for the CCA? I think you said something about sending a final response letter if we rec anything from Cap One - but I was a little confused as all previous correspondance was with Capquest and therefore Cap One might not know that we have asked for it.

    Many thanks in advance

    Hiya

    Nope - you simply ignore them, its already unenforceable. The other option is to send the final response (cca received) with a copy of previour correspondence so they know what is going on.

    CapQuest should update HBOS - its not for you to do this mate :p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • You've already done the final response - now you ignore them matey :D



    Go on mate - what are they saying? lets have an early morning chuckle :rotfl:


    Ok will ignore Moorcroft :D:D. Will send PM - yep you guessed it they do not agree with my letter and are declining my complaint :rotfl:
    :idea: Had lbm, switched it off too many times. Now am trying to sort my life out :T:T

    :T Proud Supporter of Niddy :T
  • cejsmith
    cejsmith Posts: 91 Forumite
    Hi

    I just got this from mint. I've looked though it and I think it's enforcable:mad:

    Cound NID look it over for me.

    Thanks

    http://i874.photobucket.com/albums/ab302/cejsmith/mint/mint1.jpg
  • 10past6
    10past6 Posts: 4,962 Forumite
    Alpina wrote: »
    i started payments as required by the order
    Alpina wrote: »
    wondered if i could perhaps persue that route, or maybe request the CCA from Capital One or Bryan Carter
    Challenging the CCA at this stage is pointless, you've admitted the debt exists due to your quote in red above.

    I'm somewhat confused by the amounts stated / what action BC has taken / and what you've paid, the first step you need to take is to suspend the warrant, you need to complete this for here include the required fee £35.00 and send it to the court that issued the warrant.

    In you own interest, I suggest you keep a copy of your application in the event a bailiff arrives, prior to your application being granted, should a bailiff arrive, it's important "YOU DON'T ALLOW HIM INTO YOUR PREMISES"

    Next, I suggest you complete this form here include the fee £75.00 and request a / all CCJs set aside in an attempt to clarify what the position is regarding the debt.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Ok will ignore Moorcroft :D:D. Will send PM - yep you guessed it they do not agree with my letter and are declining my complaint :rotfl:

    Ahh if that is all then don't worry, they always will disagree - muppets!

    You already sent the final response didn't you? If not, then send it - if so then ignore them.

    Nowt they can do matey :beer:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    cejsmith wrote: »
    Hi

    I just got this from mint. I've looked though it and I think it's enforcable:mad:

    Cound NID look it over for me.

    Thanks

    http://i874.photobucket.com/albums/ab302/cejsmith/mint/mint1.jpg

    Hiya - I agree, it is almost fully enforceable, you could try and blag it and see what happens? This is up to you, if they push too hard then we can always back down at a later date but could be worth a punt at blagging it and assuming it is 100% unenforceable - kinda like calling their bluff?

    If you want to blag it send this: CCA Query & update me with whatever they respond with. If you don't, then agree to a repayment plan as soon as you can afford to. :o
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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