Unenforceability & Template Letters III

Rainbow_Liberty

never-in-doubt wrote: »

Yey - at last! :T :T

lol, just messing Yep, you hit the nail on the head - no formal action (i.e. court) can be taken until they conform with your CCA Request.

pmsl, sorry it's taken me so long to understand it. Thankfully it's sunk in now. What would I do without your patience - oh yeah be in the S**t still.

I've sent the final template to Egg as they are the only ones that bothered to contact me.

Whilst I know that in reality I still owe the money, the repaying of it was not going to be a possibility since my circumstances changed beyond recognition following a rather messing divorce. I had resigned myself to the fact that it wasn't a matter of IF I would end up going bankrupt but rather a case of WHEN. Now I actually feel that after June 2011 my credit file should look ok and I've not had to go down the BR route. Or am I being naive and too optimistic.

Pugface_2

Hi NID,

Thanks for the reply to the last message.

You asked about the stage I was at with Abbey/MBNA.

I'd sent them the CCA Query template, and hadn't heard anything back from them.

Until today that is. Well, it wasn't actually them, it was Optima Legal.

Their letter was very threatening about legal proceedings in 14 days if I don't pay up.

I assume that I've got to send them the Account sold whilst in default of a cca request template, but could you just confirm that for me.

Thanks again for all your help,

Paul.

never-in-doubt

Pugface wrote: »

I assume that I've got to send them the Account sold whilst in default of a cca request template, but could you just confirm that for me.

Thanks again for all your help,

Paul.

Hi mate - that's right, send that template. They cannot do jack !!!!!! so stop worrying about their unlawful and unsubstantiated threats :rotfl: :rotfl:

Pugface_2

Hi NID,

Thanks for that, I'll get that letter off today.

Have a great weekend,

Paul.

mojoparrot

Hi NID
Me again sorry:o

Letter has arrived today from Drydens Solicitors Re: http://forums.moneysavingexpert.com/showpost.php?p=32140501&postcount=2105

They say...
We acknowledge receipt of your letter dated...
Our clients position has been made clear and we will now issue legal proceedings.

Gullpppp!! :(:( here we go:eek::eek:
Hellppp!!!! pleasssee!!!:eek::eek::eek:
Thankyou
Mojo:eek:

elsie52

Hi Nid,

Received a letter back from Marbles today, after sending a letter on 5/ May, re post 2400.
Just says " Please be assured that we will contact you as soon as we can to discuss your concerns on this matter.. Please find enclosed our Complaints leaflet which explains how we will deal with your complaint "

Nothing more.!!

Thanks Niddy

Rainbow_Liberty

Received a letter today from Robinson Way saying just because they can't find proof that I owe them any money the fact that I have been making payments proves to them that I acknowledge the debt and I have to continue paying them. Even though there is no record of the debt anymore on my credit file as it defaulted years ago.

Very very tempted to just completely ignore them, I've already written to them prior to this letter saying I wouldn't be having any further correspondence with them until they can prove I owe the debt with an agreement.

Will have to wait and see what happens now.

jen_br

elsie52 wrote: »

Hi Nid,

Received a letter back from Marbles today, after sending a letter on 5/ May, re post 2400.
Just says " Please be assured that we will contact you as soon as we can to discuss your concerns on this matter.. Please find enclosed our Complaints leaflet which explains how we will deal with your complaint "

Nothing more.!!

Thanks Niddy

So you get a response incase nid is laying in *wink* you just sit and wait i had the same letter from lloyds they have 4 weeks to get back to you!

alland_2

never-in-doubt wrote: »

Don't you worry about it, we'll get that down a lot....

Send the CCA Requests and see what transpires.

Hiya NID,

Had quick replies back from Egg & Citi with copies of CCA's in fact three copies have arrived, 1 from egg, and what looks like two from Citi, one with their name and one in the name of Peoples Bank of conneticut, I did used to have a peoples card years back but did not realise it was taken over by Citi ? I thought RBS took over their card business, but I have not sent a cca request yet in reference to my RBS card account ?

Do you need to see the agreements nid ? (lots of pages !) or what do you suggest as my next move please mate?

Locke

Hi NID.

From reading around it seems Barclaycard answer every CCA request by sending the terms & conditions and leaving it at that, whether the account is enforceable or not.

So what I want to know is when do they show their hand? They don't seem to acknowledge the account is even in dispute as from their point of view they've issued all they have to, is it a case of wait until they start court proceedings which will confirm they have an enforceable agreement?