Unenforceability & Template Letters III

never-in-doubt

Flower567 wrote: »

Hello Guys

Just wanted to post to have a little rant about MBNA! They are really getting to me know – am trying to stay strong and ignore them but getting constant phone calls and voice messages left. The last message I got was at 9pm last night stating that they will be taking me to Court within 7 days unless I pay in full.

The balance owed on the card now exceeds my credit limit as they are still adding interest and late payment charges each month. I have had 5 letters from them in the post today, stating that I am required to pay and due to recent case law they can still take me to Court! I have sent the harassment letter regarding the calls and received a five page letter back from them on Sat – stating that they have not breach the Banking Codes and that they will endeavour to communicate in writing however, should I not respond then they will contact me by phone and then asking me to complete an attached income and expenditure form to make a payment arrangement! However, they called me yesterday and as I type my phone is going again with a private number, so presuming it is them! I did accidently answer my phone to them on either Wednesday/Thursday and the chap was so rude and horrible – His exact words were "it is part of society that people pay their bills - do you not pay your bills?" – whatever that was meant to mean – I just said I was waiting for the CCA and that the call was been recorded upon which he hung up! They ring on both my house phone and mobile – is it possible to actually record the calls as I don’t know how to do this????

I know I just need to keep my head down and wait for the CCA and that these are tactics to make me pay but I can't deny that the stress of it is getting to me know! I am worried sick they will pursue and take me to Court!

NID – I am still trying to get hold of a scanner to get the letter scanned in which they state because my card was used in December it is unenforceable!

Hiya

This is unacceptable bahaviour. Ok, time to play firm with them. Send this: Debtors Final Response - No CCA Received

Ok, they cannot take you to court - if they want to do that I promise to personally go there and kick their case right out of the court front door.

They have NO LEGAL right to do anything, see my signature - it spells the law out to them.

Seriously, you're in safe hands. Do not stress and do not worry. If they do not get their finger out then you will report them to their governing body and consider legal action for harassment (Protection from harassment Act 1997)

Don't worry - you'll be ok. Niddy is here and so is my mate 10past6 who loves to beat them with court tactics - you're 100% safe, honestly.

elsie52

Letter done Niddy and will send recorded delivery tomorrow..... Will let you know if anything comes from other creditors.

Thanks

:beer:

never-in-doubt

Hi Beenie, :hello:

Stop lurking and pop in and say hello - hows you? Have the nasty creditors stopped hassling you yet?

BeenieCat

Hiya

No i'm still getting hounded by Barclaycard, they should have got my letter by now too, muppets. I don't care about the mobile calls (i can block them), it's the landline! I've trained my DS to know that if it begins 08 then we ignore it. Worst is when they send a text to the landline and i have to *sob* listen to it so it stops ringing me :rotfl:

Pugface_2

Hi NID,

Hope you're well.

Just wondered if you'd had a chance to look at the message I posted the other day?

http://forums.moneysavingexpert.com/showpost.php?p=32381959&postcount=2350

Thanks again for your help,

Paul.

never-in-doubt

Pugface wrote: »

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.

Fine - doesn't matter, its finished.

Pugface wrote: »

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.

Ok, their letter is junk - send this to crappy 1: Legal Threat - Harassment by Telephone

send this to crappyquest: Account sold whilst in Default of CCA Request

Pugface wrote: »

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.

Ok, where are you at with this? What did you last send them?

Pugface wrote: »

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.

Bollox - ok, next time they call - ring the police..... see who is right then, bet the police remove them for trespass.....:rotfl:

never-in-doubt

BeenieCat wrote: »

Hiya

No i'm still getting hounded by Barclaycard, they should have got my letter by now too, muppets. I don't care about the mobile calls (i can block them), it's the landline! I've trained my DS to know that if it begins 08 then we ignore it. Worst is when they send a text to the landline and i have to *sob* listen to it so it stops ringing me :rotfl:

Send this version then, the more formal version - Legal Threat - Harassment by Telephone

Spacehopper_3

Spacehopper wrote: »

Thank you for the speedy response and all the info. Will contact ICO. No problem about Cabot and reporting. Thanks again for update.

Debt Managers have now sent me the agreement (account on hold until found) which does not have the terms and conditions. It is printed on Santander paper, looks like cut and paste but does have my signature. Would I be able to scan and send to you (not sure best way to do this).

Hope you can help.

never-in-doubt

Spacehopper wrote: »

Debt Managers have now sent me the agreement (account on hold until found) which does not have the terms and conditions. It is printed on Santander paper, looks like cut and paste but does have my signature. Would I be able to scan and send to you (not sure best way to do this).

Hope you can help.

Email it to me.... check your PM's.

Slickfm

Hi all NEWBIE here, I have been following this thread for a short while now and find it fascinating how it's all been put together. Congrats to NID and others for helpiong soooooooooo many people:T. Here's my cry for help!!

MBNA Card: £6981
TSB Card £5954
RBS Card £4810
Cap One Card £1135
Egg/Capquest Loan £5501
TSB Loan £10648

All of the above were taken out between 2002-05. For the last 4 years i had been on a DMP with CCCS, 2 months ago after reading this thread and others i decided to go it alone and have been maintaining payments to all of the above. At this moment in time only Egg (2006) and Cap One (2009 have issued defaults against me, so i thought what the hell and issued a CCA request to both on 19th April.
Cap One have not responded yet, although today i did receive what looks like a photocopy of my EGG loan agreement including T&C's dating back to 2003 with my signature on it. first thing i noticed was PPI (don't recall asking for that) thats another matter!
NID if possible please can i email you the 'agreement' for you to cast your eyes over and offer your views?
Not sure at this stage as to issuing CCA requests to the other creditors, therfore taking the inevitable defaults.

Regards to all