Unenforceability & Template Letters III

catherine238

hey nid sorry for the late post.
got a letter from ulster bank they are the one that is part of the double default registered on my credit file.
They posted back the letter i sent with an attachment asking for the account number and then they will deal with my query accordingly???
i dont have it.
it was 4/5 years ago.
Is there anyway i could get it?
i asked equifax but they hold no record of it.
bit stuck on this one any help would be grateful.
c l finance have not responded to the letter as of yet.

thanks nid

BigCraigJohn

They were slow but not that slow.
Expect a wad of t&c and if your lucky a photcopy of your own signature incase you forgot what it looked like.

Moobags wrote: »

Evening everyone

I sent a CCA request to Cap One
No reply so reminder sent (30 days ago tomorrow)
Debt sold to Capquest so appropriate letter sent
Letter rec from Capquest stating they were putting my case on hold until 12/5/2010 while they investigated it with Cap One
Letter rec today from Cap One stating they were looking at their records and would endeavour to reply within 28 days

My questions are
1) Are Cap One just stalling ?
2) Should I send the CCA Dispute letter ? and if so who to ?
3) Anyone else having a similar experience with Cap One ?

Many thanks for any help :beer:

Slickfm

Hi NID and the gang, following this superb thread is becoming quite addictive, especially during work time LOL:rotfl:

Any how just keeping in touch, as of yet no reply from CrapOne re CCA request, reminder going out within in a couple of days:D

Following your verdict of 'enforceable' Egg loan, I have now hit them with a PPI reclaim so let's see what happens here.

NID:A Thanks again,
Slick

in_to_deep

hi guys
hi nid
just an update
cap 1 sent final response 29/03/2010. they say will not enter into any further correspondence. been passed to f.t.c who have been hounding me. sent letter acc sold whilst in default of cca request with copy of letter sent to cap 1 f.t.c reply .we have contacted our client on your behalf and await their response.

citi sent cca dispute/section10 21/03/2010
1/04/2010 got letter saying. we have received your complaint looking into it. 28/04/2010 same letter from citi and we are trying to locate my documentation
7/05/2010 letter from citi your credit agreement request 20 pages of t&c with my adress and theirs no sig from me or them . is this time for final response?
thank you

Lyndzzz

Good Morning All!

Just to let you know that i am enjoying ignoring Lloyds letters and not panicking about them as i (we) know this debt is unenforceable!!

Have anyone of you been getting that feeling yet that perhaps there is light at the end of the tunnel and that this awful debt business will all be over sometime in the (hopefully) near future?? Im starting to get that now and it feels goooooooooooooooooooooooooooooooooooooooooood :j

Just wanted to share my positive vibes with you all, have woken up this morning and it just feels a lot better than previous mornings where ive just woken up feeling dread in the pit of my stomach and gone to bed with that feeling too. Dont get me wrong - there is still a way to go for me but i am executing my right to wallow in this positive-ness while it lasts !!!!:rotfl:

Love you all!!!! (sorry for long post and no, i havent been drinking!)
Lynds x

Utopia

Good Morning Nid,

Hope you are well.

Having sent the CCA Query letter #2044 I have received a letter from Marks & Spencers today which reads:-

"Thank you for contacting us about your M&S credit card account regarding the enforceability of the agreement.
Our agreement is compliant with the Consumer Credit Act 1974. The agreement is a single document in more that one piece. However, even if this were not so, section 61(1)(b) of the Act requires that the signed document embody all the terms of the agreement, other than implied terms. Section 189(4) of the Act provides that a document embodies terms if they are set out in that document or are in another document referred to in it. Either way, the agreemnt you signed conformed to the requirements of the Act.
Please note that the application and agreement forms are one and the same. Above your signature on the form returned to us a statement reads 'Credit Agreement regulated by the Consumer Credit Act 1974.
M&S Money believes that the copy agreement is a legally enforceable document. As such we refute your allegations and our normal collections activity will continue.
Due to the nature of your query M&S Money would recommend that you seek independent legal advice regarding the validity of your complaint."

Then advising that I can call them to discuss and if they don't hear from me in 8 weeks they will consider the matter resolved, and any that are unresolved can be referred to the FOS.

Shall I send the final response - Debtors Final Response - CCA Received
I notice on this though it's as if they haven't sent an agreement? They did send the application form which was signed but you said it did not have linked variable or prescribed terms. So do I need to alter anything on this letter or leave well alone?

Thanking You for your time Nid.
Have a wonderful day.

X

dibs69

Hi Lyndzzz , iam still waiting for a cca from lloyds 1/3/2010 not panicking about them (yet) hope every one is well.

Lyndzzz

dibs69 wrote: »

Hi Lyndzzz , iam still waiting for a cca from lloyds 1/3/2010 not panicking about them (yet) hope every one is well.

Awesome! - I originally sent the req on 22nd march, they sent me some reconstituted stuff but said they were endevouring to locate original, so i sent the final response and they replied saying that they dont agree blah blah blah and that the fact i have up until now been giving them money proved it was enforceable! they have said that they wil continue to pursue me for debt......:p

Sound like yours??
Enjoying ignoring :cool:
x

Utopia

Here's some Lurv right back at you Lyndzzz :smileyhea

I'm slightly behind you with my Lloyds TSB Card and do follow your logs and I'm so glad for you that you feel more positive......hoping that will be me one day soon!

Love to You XX

dibs69

Only letter ive had is telling me it may be tepporarily unenforceable till thay sort it in 28 days that was dated 14/4/2010 with the account number blocked out apart from last 4 digits.