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Unenforceability & Template Letters III

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  • Hiya

    This was my reply: #1223

    Have they sent the CCA yet, anything? Please give me more details and try to link to posts properly - it makes my life easier! Thanks :D

    Sorry :( for the poor links force of habit for some sites not using links.
    The history posts

    879
    1222
    2435

    (I did just put the links in and got ths message Sorry as a new user you are not allowed to post with links. This is done to stop spammers clogging up the site. Please edit your message below to continue.)

    yes i did send the letter, Account sold whilst in Default of CCA Request

    and since sending that i have received nothing. this formal demand is the first i have recived since sending the account sold whilst in default.

    Regards


    Little Miss Knuckles
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Sorry :( for the poor links force of habit for some sites not using links.
    The history posts

    yes i did send the letter, Account sold whilst in Default of CCA Request

    and since sending that i have received nothing. this formal demand is the first i have recived since sending the account sold whilst in default.

    Regards


    Little Miss Knuckles

    Hiya

    sorry - just realised you need more posts before sending links......

    Ok, send the following letter off and see what they come back with, you send this letter to whoever wrote to you, and also attach a copy of the last template you sent so they have both, and know why you're not paying!

    But whatever, don't worry - they are in default, you are safe - they can take no action whatsoever (other than default you) :D

    CCA Dispute / s.10 Cease & Desist
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • carol01
    carol01 Posts: 568 Forumite
    Hiya

    email me a copy please..... i'll confirm later :D
    hiya don't know how to link it to you sorry
    i have taken the pictures but can not get the little !!!!!!s out of my pic folder:o
    always smile no matter how broken you are.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 5 May 2010 at 5:10PM
    carol01 wrote: »
    hiya don't know how to link it to you sorry
    i have taken the pictures but can not get the little !!!!!!s out of my pic folder:o

    email me directly (attach them within email) lol...

    I'll pm you my email addy now. :D

    Edit:
    Carol you need to click here and allow PM's... http://forums.moneysavingexpert.com/profile.php?do=editoptions

    You scroll down to where you see the tick box with this, and tick the box so it is active:
    If you do not want to send or receive private messages, you may disable the private messaging system. Enable Private Messaging

    Then scroll down and click "Save Changes"
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • carol01
    carol01 Posts: 568 Forumite
    email me directly (attach them within email) lol...

    I'll pm you my email addy now. :D

    Edit:
    Carol you need to click here and allow PM's... http://forums.moneysavingexpert.com/profile.php?do=editoptions

    You scroll down to where you see the tick box with this, and tick the box so it is active:



    Then scroll down and click "Save Changes"
    done my little box was ticked ?
    always smile no matter how broken you are.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 5 May 2010 at 5:21PM
    carol01 wrote: »
    done my little box was ticked ?

    There are several boxes, have you clicked the right ones? It will not let me PM you? :(

    You have my email addy now anyway, right? :D

    So looking at that screen, you should have the following set-up....

    Receive Email from Administrators - ticked
    Enable Private Messaging - ticked
    Receive Private Messages only from Contacts and Moderators - Unticked
    Receive Email Notification of New Private Messages - unticked
    Show New Private Message Notification Pop-up - ticked
    Save a copy of sent messages in my Sent Items folder by default - ticked
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • carol01
    carol01 Posts: 568 Forumite
    There are several boxes, have you clicked the right ones? It will not let me PM you? :(

    You have my email addy now anyway, right? :D

    So looking at that screen, you should have the following set-up....

    Receive Email from Administrators - ticked
    Enable Private Messaging - ticked
    Receive Private Messages only from Contacts and Moderators - Unticked
    Receive Email Notification of New Private Messages - unticked
    Show New Private Message Notification Pop-up - ticked
    Save a copy of sent messages in my Sent Items folder by default - ticked
    right done that and yes i got your email addy thanks n.i.d
    always smile no matter how broken you are.
  • Chances are it is still as you left it, if it is a bank account then this will not be able to be unenforceable. More on this later - still send the CCA Request though, until they confirm it is an overdraft/whatever.



    All of them - lol. Serious...



    Good idea :D



    I cannot answer this for obvious reasons, you will stop paying soon enough so it may be an idea to quit it now and save next months permiums, especially as you cannot afford. Its up to you, if you're asking what I would do - then I think i've already answered you but obviously I cannot advise that it is the best for you to do - however it can do no harm.... :D

    Hi NID,
    Many thanks, I missed off the list (but incl in the total debt I quoted)

    Cahoot Loan
    Cahoot CC

    Reason is that I've been going through all my old paperwork and writing the details onto a list for action. The Cahoot one's, which were again well before 2007, I think were online only, so not sure if they can be CCA'd ?
    Both are with a DCA.

    Thanks
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Hi NID,
    Many thanks, I missed off the list (but incl in the total debt I quoted)

    Cahoot Loan
    Cahoot CC

    Reason is that I've been going through all my old paperwork and writing the details onto a list for action. The Cahoot one's, which were again well before 2007, I think were online only, so not sure if they can be CCA'd ?
    Both are with a DCA.

    Thanks

    Hiya

    If they were done online then yea, they are easier to defraud and make them "appear" enforceable, as the lender does not need to provide a signed copy...

    See this from my FAQ section...
    Q. What if the agreement they send me has a 'tick' where my signature should be?
    A. For agreements made online after December 2004, the Consumer Credit (Electronic Communications) Order 2004 allows the signature in the signature box to be replaced by a tick box.
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    carol01 wrote: »
    right done that and yes i got your email addy thanks n.i.d

    Hiya

    Ok that HBOS application looks good, but we'll have to blag it me thinks cos it is still an unsigned (by them) priority application with terms that are not 100% linked - it is enforceable, but hey - worth a blag, right?

    Try sending this off - see what they come back with: CCA Query - Terms & Conditions Supplied
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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