We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Unenforceability & Template Letters III

Options
1229230232234235397

Comments

  • Hi NID
    Hope you are well

    Just a quick question, received reconstituted cca from lloyds so sent 'copy document supplied letter' as advised by your good self. Received a response today saying they are carrying out an investigation into my complaint and will be in touch within 28 days. Do I just sit and wait for what they do next?

    Thank you very much in advance:)
  • coffeedog
    coffeedog Posts: 45 Forumite
    Hi NID and all,

    Natwest have misfiled my CCA in respect of a loan and can't produce it, so I sent the final response letter following NID's expert advice.

    Today I recieved a letter from them referring to my loan, and then a card agreement in the next paragraph ( muppets).

    Anyway it states that "if you decide not to meet your obligations under your loan as they fall due we will be unable to take steps to enforce repayment of the loan by court action" and then goes on to explain they'll continue to process my data and report to CRA's.

    I know they can do this and i'll get a default, all i was worried about was a CCJ. So, I just wanted to let people know that the system works and I'll keep my fingers crossed that the agreement doesn't turn up in the next 6 years!

    (I had made a low settlement offer on a seperate 'without prejudice' letter too, but they have refused to negotiate at all)

    and..., still, waiting to hear from natwest at all regarding another loan. My final response letter had been stuck in royal mails recorded delivery system for 10 days now, so the first they'll know of it is when i stop paying.

    I also wanted to say a MASSIVE thank you to NID - I was really struggling to keep my head above water and thanks to his help, I can look to the future again. It really was the last resort and worked :beer::beer::beer:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    roadster wrote: »
    Hi Mate

    Hope all well with you, did you get a chance to look over the CCA's i sent over, praying they are a load of carp.

    Cheers Mate

    Ive emailed you matey :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Received a response today saying they are carrying out an investigation into my complaint and will be in touch within 28 days. Do I just sit and wait for what they do next?

    Thank you very much in advance:)

    Yes just sit and wait, it is unenforceable until they comply.... They will usually write denying your dispute, issuing a final response - great! That's what you want lol :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Pugface_2
    Pugface_2 Posts: 60 Forumite
    Hi NID,

    Hope you're well.

    Just wanted to give you an update on how things were going with my 4 credit cards.

    After you confirmed that they were all unenforceable, I sent off the various letters as directed.

    Bclaycard:

    2 outstanding requests, and they haven't acknowledged the final response letters I sent on the 18th March.

    1 outstanding request for cap1. The responded with a rather long letter saying that their not willing to remove my phone number from their systems and that they may pass the account on to a DCA. On the same day I received a letter from CapQuest.

    Cap1 letter
    http://s917.photobucket.com/albums/ad11/Pugface_MSE/Response%20letters/?action=view&current=File0072.jpg
    http://s917.photobucket.com/albums/ad11/Pugface_MSE/Response%20letters/?action=view&current=File0073.jpg
    http://s917.photobucket.com/albums/ad11/Pugface_MSE/Response%20letters/?action=view&current=File0074.jpg

    Capquest letter
    http://s917.photobucket.com/albums/ad11/Pugface_MSE/Response%20letters/?action=view&current=File0075.jpg

    1 outstanding request for Abbey, who haven't responded yet apart from a letter saying that they are about to issue a default against me.

    Also received a letter from a company called Power2Contact who had been called in by Debitas. They'd turned up on my doorstep, so I politely told them to go away, and then sent the letter saying I withdrew my permission for anyone to turn up on the doorstep or use my phone number. Their letter said again that they had to keep my phone number, and also that I didn't have any right to tell them they couldn't turn up as the case you quote in the letter can only be used on a case by case basis and didn't apply to everyone.

    Anyway, I basically just wanted to check what I should be doing now. I assume I need to send a letter to CapQuest to tell them what's going on, and then just wait to hear from Bclaycard and Abbey.

    Thanks again for all your help with this,

    Paul.
  • Greekous
    Greekous Posts: 14 Forumite
    Evening Nid's,

    Egg have sent me a letter today, basically containing a load of blurb that states the reason why they do not need to have the credit limit specified (With loads of legal jargon) and that the debt is enforceable.

    Can send you the full details if you want, are they correct in what they are saying?

    Thanks
  • Moobags_2
    Moobags_2 Posts: 40 Forumite
    Greekous wrote: »
    Evening Nid's,

    Egg have sent me a letter today, basically containing a load of blurb that states the reason why they do not need to have the credit limit specified (With loads of legal jargon) and that the debt is enforceable.

    Can send you the full details if you want, are they correct in what they are saying?

    Thanks

    Hi Greekous

    I got the same letter today and I'm blinded by jargon too :(
    LBM March 2010 :eek: . . . . DFD a very very long way off
    May £5 a day £67 / £155
    May NSD's 5 / 10
  • handyman123_2
    handyman123_2 Posts: 2,029 Forumite
    Its a quite night, but here's a handyman jump start back to page 1.

    Naughty little thread!:D
    Mother Nature Don't Draw Straight lines, We are Broken Moulds in Life's Grand Design, We look a Mess but we're doing fine,
    Life Long Card Carrying Member Of the Union of Different Kinds.
  • Locke
    Locke Posts: 485 Forumite
    edited 3 May 2010 at 7:06PM
    Afternoon NID.

    I sent off the Legal Threat - Harassment by Telephone letter that you told me to to Barclaycard, I also spoke to them on the phone a few weeks back and told them that the account was in dispute and that I was waiting for my CCA to arrive, at the time they agreed to suspend calls for 14 days while I await their response.

    While yesterday I received a standard reply to the letter saying they will look in to my complaint, yet today they've started up the phonecalls again and I've received 4 so far.

    I have a true call set that kicks them off but it's still annoying with the amount of numbers they use so I was just wondering if you think there is anything I could/should do or should I just accept that it's part of the process?
  • catherine238
    catherine238 Posts: 32 Forumite
    hi nid
    still no word from ulster bank, c l finance and equifax this coming thursday is the 21 days.

    on friday i got an alert on my equifax report that a credit agreement had been added and deleted on the same day by a king way finance with the same reference number as the cabolt default but because it was added and deleted what look like at the same time it was not on my report.

    when i arrived home i got my cca from cabolt for the index credit card it was scanned and resized smaller to fit in the middle of an a4 page i could hardly read the print. it was the page the lady filled out for me. 1 your name and adress. 2your personal details. 3your contact details.4 bank details.5 your employment details. 6 your account details 7 optional benifits and 8 credit agreement regulated by the consumer credit act 1974 this one the writting is so small i cant read it its like a blur but below this 8 is a box the says this is a credit agreemnet regulated by the consumer credit agreement act 1974 sign it only if you want to be legally bound by its terms and my signature is there. below that is the bank use only. they have signed there.

    there is four other pages that have also been scanned and made smaller to fit the middle of an a4 page the title of page 2 is financial and related conditions and the last pages i couldnt tell you what they are cause they are that small printed and blured also scanned a resized to fit the middle of an a4 page think they are just about the account none of these pages have my signature.

    they also sent what they say is statements of my account but its only just like a statement printout of all the interest the have put on the account from 04/07/2007 untill 28/04/2010

    they sent me a letter with these saying they have provided me with the credit agreement, statements of accounts???
    and terms and conditions and now i have to contact them to pay the outstanding balance. is what they have sent me enforceable???
    thank you for your help nid xx
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 599K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.