Unenforceability & Template Letters III

never-in-doubt

dibs69 wrote: »

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.

LOL - they are muppets, just leave it for now - don't send the final response until you hear from them with a CCA or you'll be sending the same letter twice, it remains unenforceable until they comply and so you simply forget it, stop paying (obv) and wait til they get in touch with you.

Spacehopper_3

never-in-doubt wrote: »

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.

Hi, used to bank with Abbey and did have other cahoot accounts. Just thought that if they had not sent the original agreement (terms on back etc.), then it was not enforceable. Thanks anyway.

Spacehopper_3

never-in-doubt wrote: »

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.

Sorry, another question. The date they signed the agreement is prior to my date. They would have only signed after I had sent the agreement back (or would they). Thanks.

Slickfm

Thanks NID, will email over the Egg agreement Thursday morning. If I CCA the other 4 creditors will the issue defaults pronto? Thanks

never-in-doubt

Spacehopper wrote: »

Sorry, another question. The date they signed the agreement is prior to my date. They would have only signed after I had sent the agreement back (or would they). Thanks.

Hiya

yep I noticed this but again, proves nothing as some lenders did in fact used to sign their version (when they printed it and send to you for your siggy) so it could be dated earlier without it being a fake/etc...

I'd sent the template off, as previously described or consider repayments.

never-in-doubt

Slickfm wrote: »

Thanks NID, will email over the Egg agreement Thursday morning. If I CCA the other 4 creditors will the issue defaults pronto? Thanks

Hiya

A lender/creditor cannot take any action whilst the account is in dispute/cca request pending so send them asap...... you'll get defaults soon enough, wouldn't worry too much about that to be honest!

Flower567

Thanks so much for your response Niddy. It has certainly made me smile! I will send the response as suggested and calm myself down....! Will keep you updated.

alland_2

never-in-doubt wrote: »

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



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



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?

NID, The total amount adds up to +£114K....and increasing by the day...:(

cejsmith

I've managed to pick up a few defaults though unenforcability, but something happen that I was quite surprised at.

I was asked to help out a charity and one of the function was to act as a joint signatory on the bank account, bearing it mind I wasn't the sole signatory and the account had no access to borrowing facilities and had been running for some years, I thought not a problem.

But good old LLoyds TSB wouldn't let me be a signatory becuase of my credit file!!!

So just be a little bit aware it's not just your ability to borrow the defaults can effect.

Little_Miss_Knuckles

Hi NID

i thought all had been sorted but unfortunately not. just a quick jog here is my last post from them and i sent your reply as you stated

forums.moneysavingexpert.com/showthread.php?p=31389713&highlight=#post31389713

5 Weeks later i have received a latter that i can only describe as a Standard template stating FORMAL DEMAND FOR PAYMENT, again this is from Calder Financial

it starts saying

You have not complied with the recent Default Notice, the outstanding balance as shown above is now due in full and we demand you pay us account immediately. etc, etc, etc

again you infinite wisdom and advice would be appreciated.


Regards

Little Miss Knuckles