Unenforceability & Template Letters III

BorassicLint

Hi Aimslee,,

Think I've read on here somewhere that mobile phone contracts are not covered by the CCA but I'm sure someone with more knowledge will be able to confirm this for you.

pollycolly

Page 1 please fred

pollycolly

:wave::wave::wave:Waving at you Borassic

maz1964

hiya niddy and gang

i apologise again! life keeps hitting me stuff i need to bat back:rotfl: no seriously, im still working at that list of mine to email you niddy so then we can attack all creditors in a method i can work with you with, i appreciate your time and that you help so many people every day i keep going back to the first two pages to ensure where im at with each creditor and then i can give you the most up to date state of where im at

we are in the middle of a garden transformation to get solved within the next week and then preparing our daughters 18th party at home and still recovering from a bad asthma attack, in the meantime also looking for a job and having to deal with nitwits at the dss, been a very trying past couple of weeks - today i feel finally im getting to grips with all and feel positve:)

so hoping after im back from a free course given by local college im wanting to tackle how to do excel and the forms and etc, which i hope will help me draw up our budgets and stuff correctly i will email you later my position with my creditors

i wish we could vote you in as PM cos im sure we all could the economy out with all our own life experiences,

have a fun day all laters maz:beer:

BorassicLint

Hi Pollycolly,

Thanks for the wave - one back for you :wave::wave::wave:

Have a good day!

jen_br

Aimsleey wrote: »

Hello everyone, hope everyone is having a good start to their week.

Looking for a little advice on a letter I've received from Red (Lowell in disguise) about my o2 account. I CCA'd them and they sent me back a letter stating that it is a service agreement & not a credit agreement, so pay up, is this correct? They said that I should contact the original retailer to obtain a copy of any agreement, but as the phone was bought from the o2 website then surely they should have it?!

Have I made a mistake in thinking I could CCA for a service agreement? It was taken out in 2006 so I think it suits the other criteria. Many thanks

Sorry Aimsleey Mobile phones are not included... this is all on the first few pages on this thread ;(

alland_2

Hi Niddy,
Sent you my Egg & Citi cards CCA's to your email via "dropbox"..new technology!!...:o hope it works ok
Appreciate you casting your eye over them when you get a minute (if we lot here ever let you get a minute that is !)

Regards
alland

mojoparrot

mojoparrot wrote: »

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:

Hi NID
Sorry I didnt post last night had a debt related mini nervous breakdown:eek::o:eek:
Surprised you havnt had one too yet lol:D

Anyway here is my timeline as requested.....

"Drydens Lawyers" picked up a creation store card on 15/2/10 as I had been unable to pay the debt for around 3-4 months. I know you are going to ask about the defaults but at that time I hadnt found you and your thread and was burying my head. I didnt keep the letters.

Anyway letter from Drydens 15/2/10:
We have been instructed to ...
Our client has served you a default notice upon you... failiure to comply results in termination of your credit agreement as at date of letter. Our client demands repayment in the sum of £4,065.03.
Please be advised that unless we hear from you beforehand legal proceedings will be issued against you in 14 days. Our intention is to obtain a CCJ against you.
When judgement is obtained legal costs will be added to the debt. We will then seek to enforce this through a charging order.

At that time I rang them (remember this is before I found the thread:o) and tried to arrange to make a payment. They told me that they were going to take me to court to get a CCJ and that there was really no need for me to even bother. They said they would issue court papers and that I should just fill them in and I didnt need to turn up to court. I asked them to send me the papers they had as I wanted to know what was happening and as court would be a first for me I would be turning up. They said they would request paperwork from lender and would send me a copy it would take a couple of weeks.

A week or so later I found you and your thread:T:T:T and after lurking around for a bit decided to formally send out the CCA request to Drydens.

17/3/10 I sent the CCA request to Drydens.
25/3/10 Drydens sent me a photocopy of the CCA (illegible its a much copied document and although you can see my handwritten details you cant read the small print but I think the agreement is with Sears not Creation). Also a reconstituted agreement - blank. And a copy of a reconstituted terms and conditions. The covering letter states:
Please note we are instructed to issue legal proceedings in 7 days in the absence of satisfactory repayment proposals.
26/3/10 I sent Drydens the CCA query Illegible copy supplied letter.
8/4/10 I received a letter from the original lender Creation with a second copy of all the documents received on 25/3/10 from Drydens blown up to A3 size. Although the photocopied CCA was twice the size it was still illegible (the print not my details). The A3 copy of the reconstituted CCA (for creation not sears) had been partially completed this time by hand (not mine) to show my name and address, but the address was from 15 years ago, not my current address.
21/4/10 Letter from Drydens
Please find attatched a full statement of account as requested (on A4).
We note the contents of your letter and confirm we have provided you with a copy of the signed agreement. With regards the legibility of the document you were also provided with a perfectly legible reconstituted agreement detailing terms and conditions of the agreement. A further copy of this is attatched.
We now consider all your requests for information satisfied and will issue legal proceedings in 14 days....
27/4/10 Emailed you the million pages of agreements
29/4/10 Sent recommended letter CCA query
6/5/10 Drydens letter received as last post

Phew let me know if you need anything else :o:o

Thank you as ever:T:T:T
Mojo:D

Aimsleey

jen_br wrote: »

Sorry Aimsleey Mobile phones are not included... this is all on the first few pages on this thread ;(

Darn it... why didn't I pay more attention?? Eeek, sorry. Think I just got carried away and CCA'd everyone

Thanks

Scoobydoo72

Hi everyone

I'm a newbie here so please be gentle!!!

Okay, I have 3 loans/credit cards that date pre 2007 and I was going to start off the process of sending off CCA requests.

Today I have received a telephone call from Allied International Credit stating that they have been sold the debt which originally belonged to Royal Bank of Scotland (this has been confirmed by RBS)

I have a couple of questions before I start the letters, here goes:-

1) Do I put my name and address on the CCA letter as you would in any normal letter, so that they have an address to write back? Or should they have this all on file and would I be giving too much information. I know that I do not personally sign the letters.

2) With regards to Allied International - Do I send the letter to them direct as they now own the debt or do I send to RBS?

Thanks for taking the time to read

Jill x