Unenforceability & Template Letters III

blueforyou

underworld wrote: »

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.

This sounds like MBNA's stock response. I would suggest that you now sit and wait as you appear to have at least a verbal confirmation they would send it. I remember last year deciding to fax all I had sent (recorded) that they denied recieving. After then sending them a cover letter explaining the CCA was still awaited, and listing all communications between us, they have not bothered me since.

As in NID's final debtor letter, they have not sent it because they have not got it.

God luck - and if i am incorrect in saying dont apply again, I.m sure someone will come on and say....

bubble82

Hi all....I wonder if anyone has any advice. I took out an unsecured 12,000 loan with DirectLine in 2004. It was over 7 years, this being the 6th year. I wrote to them in August last year asking for my monthly payments to be lowered from £195 to £60 due to a paycut at work. They seemed ok with this, but they have defaulted me. I check Experian Credit expert every few months. I had a clear record until this. Since seeing this I have wondered whether the loan is actually enforceable and am I within my rights asking for lower payments? They are saying they will not accept £60 any longer and I have received another pre-default letter. I have written to them using a template letter elsewhere in these forums asking for my original credit agreement, as as I am already defaulted feel there is nothing really to lose. I have only just sent it so will hav to wait for the 14 days to be up. Also has anyone had any dealings with Directline loans, I beleieve they are part of RBS. Also could anyone let me know the likelihood of the remaining debt being written off? I have already paid back approx £13000, the balance remaining is £4500 which is the remaining interest.

Any advice appreciated!

roadster

blueforyou wrote: »

This sounds like MBNA's stock response. I would suggest that you now sit and wait as you appear to have at least a verbal confirmation they would send it. I remember last year deciding to fax all I had sent (recorded) that they denied recieving. After then sending them a cover letter explaining the CCA was still awaited, and listing all communications between us, they have not bothered me since.

As in NID's final debtor letter, they have not sent it because they have not got it.

God luck - and if i am incorrect in saying dont apply again, I.m sure someone will come on and say....

Hi

Similar prob with my CCA to MBNA heard nothing from them at all. Perhaps they dont have any CCA's for anyone at all.

in_to_deep

hi nid

got a loan which has been found to be unenforceable through a cmc there still figthing it. bank with the same bank got overdraft which i could not pay at the time got a letter from bank solicitors they added loan to my bank account the letter says out standing balance of loan + bank overdraft to be payed no mention of loan account no. just my bank acc no. not payed anything since this time last year any advice

thanks

tryingto

Hiya,

I just received a letter saying a debt collector would be calling on 15th March between 8am-8pm. I know you should normally send a doorstep letter, I wondered do I still do that if i have told them the account is in dispute after going through the CCA process with them? The last I heard from them was in 2008 when they said they were having a delay getting my documents from the original lender. Or do I send a different letter about them trying to collect because the account is in dispute?

It was one of those loans with PLPI in it. I complained to the Ombudsman about misselling and they agreed and the PLPI amount was taken off the amount to be repaid. I think I might have heard something about being able to challenge the whole agreement for non enforceability though when the PLPI was included with the loan? Then again I could have just imagined that and even just writing it that doesn't sound right! Any advice would be gratefully appreciated.

P.S I forgot to ask, is it okay just to change the section on English common law in the doorstep letter to Scottish law? Thanks.

never-in-doubt

underworld wrote: »

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

Thanks in advance.

Hiya

As Blueforyou stated here: #256 - you should leave things as they are until such time they send the documents requested. The account is unenforceable until such time they comply with your s.78 request.

You have the proof of postage - therefore you have nothing to worry about....

never-in-doubt

in_to_deep wrote: »

hi nid

got a loan which has been found to be unenforceable through a cmc there still figthing it. bank with the same bank got overdraft which i could not pay at the time got a letter from bank solicitors they added loan to my bank account the letter says out standing balance of loan + bank overdraft to be payed no mention of loan account no. just my bank acc no. not payed anything since this time last year any advice

thanks

LOL -they cannot transfer a regulated product (loan) into an unregulated non CCA compliant overdraft!

Write back and tell them to get lost and if they do not sort it out you'll report them to the FOS/FSA - then do just that!

lol, that's actually funny if it wasn't so serious! :mad:

roadster

Evening Mate

Any thoughts on the RBS Mint CCA, what was the second opinions verdict. Had a letter today from Triton (RBS - bloodhounds) saying debt passed onto them and requesting full settlement immediatley.

Also finally had a response from MBNA but will give you details later so not to overload you lol (as if you are not already overloaded)

Cheers Mate

never-in-doubt

tryingto wrote: »

Hiya,

I just received a letter saying a debt collector would be calling on 15th March between 8am-8pm. I know you should normally send a doorstep letter, I wondered do I still do that if i have told them the account is in dispute after going through the CCA process with them? The last I heard from them was in 2008 when they said they were having a delay getting my documents from the original lender. Or do I send a different letter about them trying to collect because the account is in dispute?

It was one of those loans with PLPI in it. I complained to the Ombudsman about misselling and they agreed and the PLPI amount was taken off the amount to be repaid. I think I might have heard something about being able to challenge the whole agreement for non enforceability though when the PLPI was included with the loan? Then again I could have just imagined that and even just writing it that doesn't sound right! Any advice would be gratefully appreciated.

P.S I forgot to ask, is it okay just to change the section on English common law in the doorstep letter to Scottish law? Thanks.

Hiya

I'd be incorporating the final response letter with the threat of doorstep visit letter and sending it asap! Yes change from English to Scottish law and to suit your circumstances.

Obviously add a part about them being in default of your CCA request in 2008 and you'll look forward to going to court with them so the judge can throw the claim out due to the fact they are in breach of s.78 and as a result no action will be taken - my signature explains this!

never-in-doubt

roadster wrote: »

Evening Mate

Any thoughts on the RBS Mint CCA, what was the second opinions verdict. Had a letter today from Triton (RBS - bloodhounds) saying debt passed onto them and requesting full settlement immediatley.

Also finally had a response from MBNA but will give you details later so not to overload you lol (as if you are not already overloaded)

Cheers Mate

Waiting on reply mate - bear with me, don't worry! It is still unenforceable until such time you've established the authenticity and legality of the form they sent you..... hold fire

Tell me about MBNA? No worries mate - here for the night now (til 5am!)