Unenforceability & Template Letters III

Utopia

Hi dibs69,

With mine they first replied with a letter advising they were looking for my agreement but included the T&Cs , reconstituted version of my agreement (nothing signed or with my details) and statement. Also advising they will not be entering into any further correspondence.
Because of this I was advised to send Debtors final response CCA Recd.
They then responded with a letter from Customer Relations who were looking into my complaint. 5 days later their Final Response advising they declined my compaint and referring me to the FOS.
I have been getting phone calls on my answer machine but nothing more at the moment.
Just waiting like Lyndzzz.
Hope this helps a bit?
Nids is really really helpful and will support you all the way. I certainly wouldn't have known what to do if it weren't for him. He's just a star.:staradmin:D:staradmin

dibs69

Lyndzzz wrote: »

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 wrote: »

Hi dibs69,

With mine they first replied with a letter advising they were looking for my agreement but included the T&Cs , reconstituted version of my agreement (nothing signed or with my details) and statement. Also advising they will not be entering into any further correspondence.
Because of this I was advised to send Debtors final response CCA Recd.
They then responded with a letter from Customer Relations who were looking into my complaint. 5 days later their Final Response advising they declined my compaint and referring me to the FOS.
I have been getting phone calls on my answer machine but nothing more at the moment.
Just waiting like Lyndzzz.
Hope this helps a bit?
Nids is really really helpful and will support you all the way. I certainly wouldn't have known what to do if it weren't for him. He's just a star.:staradmin:D:staradmin

Yes i agree nids 1 in a billion :T

NittyGritty

hi all, i have a question for NID, if i go through with unenforceable route with barclaycard,will it be possible for them to take money out of my bank account (barclays) as i have an overdraft at the mo at £660 can they keep dipping into this overdraft of mine i think its call right of set of something,

thanks

Locke

NittyGritty wrote: »

hi all, i have a question for NID, if i go through with unenforceable route with barclaycard,will it be possible for them to take money out of my bank account (barclays) as i have an overdraft at the mo at £660 can they keep dipping into this overdraft of mine i think its call right of set of something,

thanks

They can take out of your bank account if you've got money in there but they can't put you in debt by taking it out of your overdraft, 95% sure of that but NID should confirm.

If you're serious about doing this then get yourself another bank account to have your wages paid in to and treat the Barclays overdraft as a separate debt like you would a credit card.

DebtFreeOneDay_3

Morning guys, morning NID:)

Just adding what's happening with my Lloyds credit card after the last few posts. I sent my final response on friday after receiving theirs (same stuff, been paying the card so it is enforceable,etc,etc) Waiting for them declining that and referring my complaint as in above posts. Not worried as we all have NID to help us:jbut it is amazing that I had tried for months for them to accept reduced payments when my OH was made redundant and they point blank refused, had a letter from MHA collections (Lloyds) yesterday saying they are now willing to accept reduced payments. Just a coincidence? I don't think so!!!

never-in-doubt

ballylewis wrote: »

i have a debt with Natwest bank that i have a CCJ on. i currently pay a set amount each month to a DCA (instrum). they are now refusing to accept any payment from me as i didnt pay on the 1st of this month and attempted to pay today but was refused.

can i seek unenforceability on this debt even though i have a ccj on this. also this?

The CCJ will remain so really, you'd be easier paying the debt so at the least the CCJ is removed. You should have fought long before they issued a CCJ - the fact you've been paying, suggests you agree with and acknoledge the debt as well.

Sorry :(

Locke

Locke wrote: »

Alright NID.

I got that letter off to Barclaycard yesterday about the phone calls, I've just had a look on the post office tracking and it's still in their system somewhere, I didn't send one off to Capital One just yet as from looking at the last letter they sent me they only wrote it on the 6th of this month and if we want to make an example of them by pushing it higher I thought it best to show we have given them a reasonable amount of time to get their act together.

I'll let you know the date they get it so we can start plotting our next form of attack!

Just checked and it was delivered yesterday.

So if they don't stop within 7 days where do we go from there?

never-in-doubt

NittyGritty wrote: »

this is for anyone that have sent the CCA querys plus final letter etc, how long did this go on before (assuming they send a letter to say its been wiped) they gave in? as anyone been taken to court of this ? i mean on the unenforceable ones,and for the ones that havent heard anything for months on end do u still get your credit card statements through the door with the amount still building up, just curious

also i found this i wont post the link incase of rule breaks on this forum

"The test cases established some important precedents - firstly that lenders can continue to report the overdue statuses of accounts to credit reference agencies when an account is in dispute - and also that lenders are only obliged to produce a 'true copy' of the Consumer Credit Agreement, rather than the original." i,ve highlighted the relavant part, is this true? if so is there any point in sending a CCA query? when u recieve urs, hoping NID will answer at some point thanks in advance

p.s ... sorry about M/Ann thinking she was a he, my apologies:)

Hi

Right - You cannot compare, pointless asking other people cos each case is different and you will never get two identical cases so worry about your own, not other peoples.

Second point, you'll see lots of garbage around - i'd like to think I know what i'm doing, if you don't trust me then fine - good luck! Point is, the law is clear - read pages 1 & 2 and especially my FAQ (page 2) and you will see that the above (highlighted part) means little, really.

The law states an original must be presented prior to any formal action being taken.

never-in-doubt

Moobags wrote: »

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:

1. Yes, but they are in default meaning no action can be taken...
2. Wait - what is the rush? See above!
3. Forget comparing - it does not work like that! :mad:

dibs69

DebtFreeOneDay wrote: »

Morning guys, morning NID:)

Just adding what's happening with my Lloyds credit card after the last few posts. I sent my final response on friday after receiving theirs (same stuff, been paying the card so it is enforceable,etc,etc) Waiting for them declining that and referring my complaint as in above posts. Not worried as we all have NID to help us:jbut it is amazing that I had tried for months for them to accept reduced payments when my OH was made redundant and they point blank refused, had a letter from MHA collections (Lloyds) yesterday saying they are now willing to accept reduced payments. Just a coincidence? I don't think so!!!

Hi debt free , i was on a repayment plan ,paid every month then out of the blue your plan has come to an end, start paying full payments thay said. let sleeping dogs lie i say, but now iam glad thay did i might get some closure on this:j