Unenforceability & Template Letters III

jinny

never-in-doubt wrote: »

P



As above - the site is here: http://whocallsme.com/ :D

thats gonna be very handy when i get messages from DCA's left on my 1571 0r when i ring 1471 and they dont say who they are. Cant use it at work tho when they ring boss's phone

df1day

I hope you don’t mind me posting on this thread. I started a thread on the Credit Card forum but was only picked up by one response. I have been impressed with the answers NiD gives to questions raised here so thanks in advance.

I sent away a CCA request to Barclaycard for 2 accounts I have with them. I got back the usual letters enclosing current terms and conditions (I don't know how to send an attachment. Sorry)
I was about to reply with template 3.2 but noticed that one letter had an additional sentence relating to agreements before 19th May 1985. Nottoolate informed me that this was correct but encouragingly said it was an admission that they don’t have the original agreement.

Can you confirm what I should now do. Is it ok for me to proceed with template 3.2 and wait for their response?

Secondly, the 2 replies got me thinking. I have noticed from other threads that it is normal practice for Barclaycard to send out only current terms and conditions rather than a copy of the original agreement. In my case, one letter from BC paragraph 2 states “we must supply you with a copy of your executed agreement….” Then separately only sending terms and conditions. However with the other letter they have the added sentence that pre 1985 agreements only require them to send current terms and conditions, which they then send.

By making no separate mention in the first letter that they only need to send current terms and conditions are they unconsciously admitting that for post 1985 and pre 2007 agreements they should be sending a copy of the original signed agreement? Otherwise why not re-affirm that they only need to send current terms and conditions like they do with pre 1985 agreements.

Sorry if the above is confusing. I will send copies of the letters if required if someone can tell how to do this. I have scanned them but can't see where I can add them as an attachment.

BigCraigJohn

Evening Nid.
Just a quickie, firstly would you take a peep at this?, i'm trying to reclaim some charges for my dad and this came in the SAR. He's not looking to dispute at present but its always nice to know as his job is not too secure at present. I think the charges will be as much as the balance anyway.

http://i1017.photobucket.com/albums/af299/badgercraig/mbna2.jpg?t=1272903494
http://i1017.photobucket.com/albums/af299/badgercraig/mbna1.jpg?t=1272903889

The other thing I wanted to ask. As Capital 1 have still not responded to my request to see the reverse of the signature page, have defaulted me(with a duff DN) and are probably about to terminate my account, do I have anything to lose by doing an SAR? I just figure this way I get to see for sure what the other side of the signature contained. I really think they have something to hide.

Thanks once again and hope your not too hungover(I am damn)

alland_2

Hi Never-in- doubt, I hope you don’t mind me seeking your advice here.It was suggested here would be the best place to start.

Below is a post I made on mouseann’s thread, I see you have been a mountain of strength to her (and many otheres here), I am now considering options open to me, firstly by seeking which CCA’s are enforceable or not.
I have paid back in the region of £30K per year to my credit card companies over the last few years, mostly swallowed up with interest ! and the debt is just not going down, and I now feel enough is enough..... It's time to fight back !

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“Phew....just finished reading every post on your thread Ann !

Firstly I admire your strength in “coming out” so to say. I sincerely hope you can overcome your debt issues and enjoy yuour

I find myself in similar situation regarding my own level of unsecured credit card debts of nearing £120,000!
I am a 61yr old, who has been burying my head in the sand for way too long and just about meeting my commitments with minimum payments to service my credit card debts.
I am self employed and run a small business with 3 employee’s, It all started to get out of hand when the business suffered a downturn during the 2002 foot and mouth epidemic which affected movement on to farmland which my business relied on. We struggled through and to keep my employees in a job I kept pumping money into the business from my personal credit cards, hoping to clear them when things improved at work, of course this was easier said than done, and although I was servicing the cards from the business income (at a level that was more than the minimum payments) the debts still got more due to the punitive interest rates that kept increasing at regular intervals.
The business is still going, but in the current recession is only just turning enough over to give everyone a continued salary. I still employ the same 3 guys, throughout the up and downs, they have stayed loyal to me when they could have moved on to a bigger company and probably earn more money. So naturally I feel I have to try and keep things going for them as well as my wife.
I have always considered myself to be a strong individual, someone my family could look up to and come to for help. However the despair I feel now is overwhelming, I feel such a failure, my wife is fully aware of our situation and is my rock bless her.
But my kids? I just don’t know what they would think, their big strong dad, always there to offer advice as they grew up and started out on life’s journey...what a role model I turned out to be!
To test the water so to speak, I have written to a few of the credit card companies and outlined my struggling financial position, made token payments to the accounts and asked that interest is frozen and suggest we can work out a suitable affordable repayment plan, apart from one company the rest have refused and still pile on the interest each month which is plunging me deeper into debt. But given my age and the level of debt, in reality even if they all agree a repayment plan for me, it would still be an impossible task to complete in the working time I have left with an income , so what is left as other options for me is still not completely clear.
Over the last few months I have read the stories of many people on here and sometimes feel all is not lost and I am not alone in this dire position when I see how they have coped and moved forward.
I wish I could see a positive side to sorting my problems, but right now I just don’t know my next move. Should I try and obtain CCA’s and see which are unenforceable, or just roll over and go insolvent? ........
“Never- in- doubt”.... if you can find the time, I desperately need some of your sound advice
PLEASE Sir! “

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Thanks for taking the time to read my post.
Allan

never-in-doubt

Greekous wrote: »

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

Thanks

No need to mate, its the same reply they send everyone - see here: Egg Card - CCA Flawed?

Just send the final response letter and see what they come back with.

never-in-doubt

Locke wrote: »

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?

Hiya

sorry but they will hassle you, its a pain I know but eventually it will stop...... :(

never-in-doubt

catherine238 wrote: »

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

I'd assume it is unenforceable, most are so without seeing it send this and see what happens, if you can scan and email me then great: CCA Query - Terms & Conditions Supplied

never-in-doubt

sophieschoice wrote: »

Would someone kindly tell me how I proceed with the following please?
I have been helping a friend who took out a loan many years ago. The loan company went bust and they were taken over by (I think) HSBC. The matter was eventually passed to a company who chased them for payment. The believe the loan amount was originally for £500 but the last statement they had was for over £7000. They've been paying what they can for years so I advised them to send the template letters in order.
Last week they had a letter saying the company were unable to locate the original document and they need not make further payments unless the document came to light and, if this happens, they will have fourteen days to pay the £7000.
Now, during a telephone conversation with this company, one of their employees said it was for a credit card. These people have never had a credit card and the time they said it was taken out was 12 months AFTER they left the address it was supposedly taken out at.
Sorry for the sketchy details but is there anything they can do to claim the money they've already paid out because the company cannot/don't have the original document?

You need to either go to the FOS and complain or accept the unenforceable element.... chances there is no record on the credit file, if it is that old. So really, it depends if they wish to pursue it - if so then the FOS is the normal route, sorry can't help with this.

never-in-doubt

alland wrote: »

Hi Never-in- doubt, I hope you don’t mind me seeking your advice here.It was suggested here would be the best place to start.

Below is a post I made on mouseann’s thread,

Replied - #1136

Main advice, stop worrying.

They_Were_Up_In_Arms

Just pay up dudes :cool: