Unenforceability & Template Letters III

alland_2

Sent off my first batch of CCA requests today....
Seems kind of scary looking at what are the first few credit card statements that I will now not be paying anything more on...:eek:
I can see a lot of flak coming my way in the coming weeks/months, but no pain no gain!

Thanks for giving me the confidence to move forward with this NID

alland_2

never-in-doubt wrote: »

No do not request cca's just yet, just come back to me with figures....... depends what pre 04/2007 agreements you have v secured/unsecured etc....

Try and come back with details, before doing anything just yet.

Only just spotted this post NID, have sent off 3 CCA requests today..:(
Citi - Egg - Halifax to begin with.

All my debts are unsecured credit cards, all taken out well before 2007.

NID do you want me to post figures here or PM them to you ?

handyman123_2

A goodnight Bump back to page 1.

Pugface_2

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

Hi NID,

Thanks for getting back to me.

The last thing that went through to Abbey was the CCA query letter.

I'll get the other letters sent through to CrapQuest as soon as possible.

Cheers for this,

Paul.

Rainbow_Liberty

never-in-doubt wrote: »

Hiya

Don't worry about it not being signed..... if anything send the following letter and see what they reply with! Debtors Final Response - CCA Received

NID, I trust you 100% and I have got the letter ready for posting as per your template but can't say I'm not still puzzled. The CCA that they sent back to me and that I sent through to you by PM DOES appear to have been signed by me, was dated and to be honest did look genuine to me as even the date that was on it appears to be my handwriting.

It does say "Approved" though.

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.

What they sent is in fact enforceable, unless you know for a fact it is a cut/paste jobby? Did you used to bank with them/have other accounts (to enable them to nick the siggy etc from other paperwork)?

It contains the prescribed terms and your signature embodies on the linked document. I cannot see you winning this fight, however if you're sure it is a copy in its entirety then send the following: CCA Query - Copy Document Supplied If not, you need to agree to repayment proposals.

never-in-doubt

Slickfm wrote: »

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

Hiya

No harm in sending CCA's but you'd be best to send them to each creditor - not just the two mentioned. I've PM'd you my email address.

Regards to reclaiming PPi - all reclaim charges go back onto the debt, so say you're claiming £1000 back but you owe £2000, your balance will decrease. If however you owe £700 they will send a cheque to you for the remainder £300. Make sense? Great - well go here to reclaim: http://www.moneysavingexpert.com/reclaim/

However, personally i'd not bother with this until you determine unenforceability - if it is unenforceable then pointless reclaiming, as you won't see the funds.

I'd suggest you send a CCA to each creditor, PM me the agreement/whatever they post you back and then decide which are enforceable and which are unenforceable, and then cancel the DMP & re-evaluate it with the enforceable debts (may mean moving DMP's from CCCS to PayPlan or similar).

Make sense? Check your Private Messages for my email.

never-in-doubt

alland wrote: »

Only just spotted this post NID, have sent off 3 CCA requests today..:( Citi - Egg - Halifax to begin with.

Ok, its fine being you've answered what I hoped (credit cards before 2007)

alland wrote: »

All my debts are unsecured credit cards, all taken out well before 2007.

Great get a CCA sent to each creditor them, one CCA Request (+ £1) per account - not per lender.

alland wrote: »

NID do you want me to post figures here or PM them to you ?

Nah, it'll be ok actually - the main thing is that they are cards taken before April 2007.

Out of interest, what is the maximum sum owing between your cards?

never-in-doubt

Rainbow_Liberty wrote: »

NID, I trust you 100% and I have got the letter ready for posting as per your template but can't say I'm not still puzzled. The CCA that they sent back to me and that I sent through to you by PM DOES appear to have been signed by me, was dated and to be honest did look genuine to me as even the date that was on it appears to be my handwriting.

It does say "Approved" though.

Don't worry - just send the template as advised - Debtors Final Response - CCA Received

If they come back with something let me know. You have two choices here, blag it or pay them back - we're trying the blag it version right now. If (and it is a big if) they come back with any court threat, then you can consider your options regards to settlement. Right now, just fire the final response off to them in the hope they respond in kind.

dibs69

Hi nid, just a quick one Lloyds tsb credit card,i sent cca request + £1 on 1/3/2010,cca reminder 1/4/2010 and cca dispute/s10 cease & desist 30/4/2010, no cca as yet just a letter from them saying the account may be temporarily unenforceable till we respond with in 28 days but keep up payments as usual (not) letter dated 13/4/2010 when do you send final letter ? and thay have used the £1 to pay the debt dose this matter ? many thanks.