Unenforceability & Template Letters III

carol01

never-in-doubt wrote: »

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

hiya thanks n.i.d for looking over it for me
will send as its worth a try:)
sorry but should i send the letter as it is written or should i change anything (cos not too sure in what i am blagging) if anything its another 2 weeks they will not be paid so all isn't lost lol:rotfl:

never-in-doubt

carol01 wrote: »

hiya thanks n.i.d for looking over it for me
will send as its worth a try:)
sorry but should i send the letter as it is written or should i change anything (cos not too sure in what i am blagging) if anything its another 2 weeks they will not be paid so all isn't lost lol:rotfl:

Lol, send it as is - don't worry about the blag, I wanna see what they come back with - then we'll get to the nitty gritty yea? Its not a problem, it's HBOS after all (i.e. amateurs at the best) :rotfl:;);)

yorkieboy1508

Hi,
I’ve been reading this forum closely for the last few months and have sent of CCA Requests and CCA reminders to all of my creditors. Most of my debts are already defaulted and are being handled by several DCA’s.
So far the only company to respond to my CCA request is Capital One for a credit card debt that was being handled through a DCA called NCO Europe.

The credit card was originally taken out in 1998 and it looks like they’ve sent a reconstituted agreement/ terms and conditions with the dates amended to look like the agreement was created in 1998. Nowhere in the alleged agreement are there any signature boxes either blank or otherwise. They’ve also sent a covering letter in which they say they have complied with my section 78 request and quote the Carey v HSBC 2009 case saying there is no requirement to provide me with a photocopy of the original signed agreement.

As I’ve only just registered for the forums unfortunately I can’t post links to a scanned copy of the documents I was sent. The CCA is titled CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 with a sub-heading of Terms and Conditions.

From looking through the flowcharts it looks like I should send either Template 3.2 – Terms And Conditions Supplied or Template 3.3 – CCA Copy Document Supplied.
Any advice/help on which would be the best document to send next to Capital One would be greatly appreciated.

Thanks in Advance.

never-in-doubt

yorkieboy1508 wrote: »

Any advice/help on which would be the best document to send next to Capital One would be greatly appreciated.

Thanks in Advance.

Hiya - this is your best template to send: CCA Query - Copy Document Supplied

fedupwiththeworry

never-in-doubt wrote: »

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...

The CC was from 2002 and I would imagine the loan being somewhere near to that date too. Does that make the difference ?

Thx

wish_i_had_a_time_machine

Hi NID
Could you take a look at my CCA from Halifax and tell me if it's enforceable
My thread is

https://forums.moneysavingexpert.com/discussion/2448957

Also do i need to request a DN as i don't have one and they are asking for the amount in full
Many Thanks

Rainbow_Liberty

Hi NID

I copied your templates last night for the CCA reminders to the companies that haven't yet responded, but then I was thinking should I really post them? They are not showing on my credit file as they defaulted quite some time ago. I had been paying them £1 per month token payment but after starting to chat with you a few weeks ago have cancelled these payments.

I don't think they have cashed the cheques that I sent so I was wondering if I should just cease the payments and then wait for them to start chasing me at which point I could then ask them for the CCA. Just incase they deny having the first letters (which I hadn't sent recorded) I have remembered NOT to sign the letters.

What do you think?

never-in-doubt

Rainbow_Liberty wrote: »

Hi NID

I copied your templates last night for the CCA reminders to the companies that haven't yet responded, but then I was thinking should I really post them? They are not showing on my credit file as they defaulted quite some time ago. I had been paying them £1 per month token payment but after starting to chat with you a few weeks ago have cancelled these payments.

I don't think they have cashed the cheques that I sent so I was wondering if I should just cease the payments and then wait for them to start chasing me at which point I could then ask them for the CCA. Just incase they deny having the first letters (which I hadn't sent recorded) I have remembered NOT to sign the letters.

What do you think?

Yea do as you suggest, it does seem the best option. Nothing can ever be added to your credit files again now - only a CCJ :eek:. The accounts have already ran their course so to speak, so their reporting days to the CRA's are finished forever!

never-in-doubt

wish_i_had_a_time_machine wrote: »

Hi NID
Could you take a look at my CCA from Halifax and tell me if it's enforceable
My thread is

https://forums.moneysavingexpert.com/discussion/2448957

Also do i need to request a DN as i don't have one and they are asking for the amount in full
Many Thanks

Hiya - reply here: #6

Regards DN, why do you want one? It doesn't mean anything, other than your credit file will be knackered for the next 6 years - have you thought about the consequences for one debt or do you have others?

If you can afford to pay this, I would - none moreso than the fact it is, technically, enforceable anyways

never-in-doubt

fedupwiththeworry wrote: »

The CC was from 2002 and I would imagine the loan being somewhere near to that date too. Does that make the difference ?

Thx

Not really - you can still apply for the CCA.....