Unenforceability & Template Letters III

never-in-doubt

monlou wrote: »

i have sent off the step 4 letter just awaitng a response from Moorcroft. Freemans also sent a statement with a zero balance. which is quite funny!!

lol, that's because they have sold the account so technically talking, you don't owe the OC - you will now owe the DCA

monlou wrote: »

Any way I wanted to know can you request CCA from mobile companies i fist got my contract way back in 1997.

Sorry, No Can Do :mad:

Utility companies do not conform to the CCA so the only way to deal with them is by finding fault with their processes and default issuance, but don't hold your breath... usually I suggest you pay them or just ignore them - they cannot and will not take any formal (court) action. Sorry but forget CCAing a utility company.

never-in-doubt

Zontag wrote: »

Newbie question - On the CCA request template - "Sign Digitally" , are you suggesting copying in a jpg of actual signature - or for those with tablet pc to Ink the signature digitally - or is it just a case of Joe Bloggs in type face?

Hiya

It means sign your name using a font - so pick a nice font and then just type your name, which will be printed with the letter! :D

never-in-doubt

DoubtingThomas wrote: »

Hi Nid
Sorry - forgot to say that I have removed my name, address etc from top left-hand corner of CCA, plus personal details on other items, barcodes etc.

Cheers
D T

Hiya

The Crappy1 documentation suggests it is indeed enforceable. Unlucky mate. You need to either ignore them or arrange repayments. :o

never-in-doubt

DoubtingThomas wrote: »

Not so sure about this re. Cap One, as have had a response:
http://s988.photobucket.com/albums/af6/DoubtingThomas_2010/Capital%20One/

Its enforceable mate. :mad:

DoubtingThomas wrote: »

I did not send payment for Feb, due in this week.

Either ignore them or arrange repayments matey - sorry but that agreement etc does contain the PT's and looks fine, sorry but maybe this account is just a little too recent!

never-in-doubt

leanne82duke wrote: »

They are taking my complaint very seriously and will be investigating, but in the mean time could i send them a copy of my credit report"

Can you post a link to the letter (I done?)... lol, its been a while and i'll need refreshing! However it is not a normal request unless they want to see what shows under their name. Can you post links please to previous discussion about this? If it was via email, just tell me then re-send me my last email please :o

leanne82duke wrote: »

What are they up too? is that a normal request?

Not really but I can't remember much about the history - see above ^^^^

leanne82duke wrote: »

Also i still have the dca threatening to take me to court, !!!!!!!

LOL, the DCA for the Welcome Account mentioned above?

never-in-doubt

Jacobs_Crackers wrote: »

Hi Nid,
Just a quick question. My Egg account has been sold to Cabot. I have CCA'd them a few weeks ago & they have now sent me a letter saying that they don't have it but have sent requests to Egg for it. Cabot haven't yet received it because there is a delay retrieving it from the archives (they say). What is a fair time length to give them to do this?
Thanks,
JC

Just leave it with them, pointless pushing too hard because the way it works is that as things stand, they are in default of your s.78 request meaning it is unenforceable.

Assume you push them and threaten them, again - all that would happen is the account becomes unenforceable - however only until such time they provide a copy of the agreement. So really just leave them to look, they won't find it (we hope) at which point it then gets put to bed.

See what i'm getting at? It is pointless rushing for an answer as the outcome doesn't change the present - right now it is unenforceable anyway!

never-in-doubt

razer12121 wrote: »

hi again, i got a letter back from NDR but instead i got a reply from them as "shop direct"

one part that stands out is this..."unfortunatly we are unable to locate a copy of an executed agrrements for your additions direct account, but for your information we enclose a copy of the current agreement which applied to this type of account. this version includes all contractual variations which have taken place.

according to out records, the account was opened on 08/02/2007. you agreed to make payments every 28 days. in accordance with the terms of the catalog, statments are also issued every 28 days

the outstanding balance is currently 1658.06. our records show that 172.80 in payments have been made in the last 12 months.

id like to take this opportunity to remind you that payments must be made every 28 days in order to avoid a default charge and notice of default being sent to our credit reference agencies. we requlary share information regarding the performance of your account with our credit reference agencies, which is retained on your credit file for 6 years"

so am i right in thinking there trying to flog me of here? do i send the next letter now? which one is it lol thanks guys

Well done :T:T - that's an unenforceable account mate - time to tell them their rights - send the following letter. Debtors Final Response

I've just amended that template actually so it should now make crystal clear sense.... :D

Goodtimesahead

nid> When you get a moment, can you have a look at this mbna sent a copy of this priority request form and some attached T&C that just looks like standard T&C but don't look like they have come with this priority reqest form, what do you think, enforceable or not? Thanks

http://s769.photobucket.com/albums/xx337/zzm59/?action=view&current=mbna993.jpg

DoubtingThomas

Either ignore them or arrange repayments matey - sorry but that agreement etc does contain the PT's and looks fine, sorry but maybe this account is just a little too recent!

Hi, Nid
Thanks for taking a look - had a feeling you were going to say that! So - next.

Tempted not to ignore them - maybe gut feeling.
1.Any advice on response to send to FPC, like " can still only offer token payments?"
So far I have ignored them completely, and only dealt with CapOne. They have stopped ringing last few days, and referring back to Cap One, who "may commence with legal proceedings".

2. I can continue to pay token payment, which is now late for Feb, so will have to send now.
All I can do is repeat what I have written to them before -- nothing has changed there.

3. If I get a "letter before Action", may I post back to ask for help?

My head is fried after this. Haven't got a clue how to deal with it if they start legal action. I can guess their end attempt might be a charging order, but there are other stages first, like CCJ ....... and I will need help.


I will post back if I get a response to letters sent last week to B'Card & Co.

Many thanks

DT

underworld

Just a quick one....

Just had MBNA on the phone chasing payment and they deny having received the CCA and the CCA reminder even though both were sent recorded delivery and have not been returned.

The kind lady said that she would arrange to forward the original agreement asap after I told her that I had taken advice and wasn't paying another penny until I see it.

Should I leave it at that or start the process again with another CCA request?

Thanks in advance.