Unenforceability & Template Letters III

never-in-doubt

NittyGritty wrote: »

thanks for reply, hmmm any ideas on how to proceed with this then, as at the min i cant afford to pay the overdraft (660)completly off, i have another bank account,allience and leicester, but if i go through with unenforceable route,with barclaycard, sound like the debt with just be pilling up on my overdraft in my barclays account otherwise,

one more question, sorry i know you busy and appreicate your time,

when is the best time to stop paying barclaycard, is it before you send the CCA off to them, just after you send it or do you wait until they send a reply back or is it best to do stop at a diffrent stage,

many thanks

Just make sure that if you do follow UE then stop using barclays and use the new account, dont worry about the overdraft - it won't matter in the slightest, your credit file will already be ruined in you pursue UE - for one BC i'd say don't bother..... you only stop paying when they respond with whatever, after the CCA Request - i'll usually advise when to cease payments if you post the details of their reply here.

themaestro

Hi NID, hope you're well.

Nothing happens for ages then both come in the same day!

Lowell have sent me a letter saying that basically, after much searching from Capital 1 they cannot find and probably won't be able to find my CCA, due to the amount of time since the account was opened and will close their file on me. :j

1st Credit however (regarding a HFC bank loan) have sent a CCA that looks above board to me. It is scaled down but very legible and has all the prescribed terms along with my old signature (changed it a few years ago) and old address. I don't have a scanner to enable you to cast your expert eye over it...but from what i've said i think it's enforceable. Would you agree? Miffed as i'd have preferred it the other way round as this is about 400% bigger debt :rotfl:

NittyGritty

themaestro wrote: »

Hi NID, hope you're well.

Nothing happens for ages then both come in the same day!

Lowell have sent me a letter saying that basically, after much searching from Capital 1 they cannot find and probably won't be able to find my CCA, due to the amount of time since the account was opened and will close their file on me. :j

great news on this one anyway, hopefully there still might be hope on the other, fingers crossed

dibs69

Hi nid and all, quick update Lloyds have sent me Arrears notice and statement as the consumer credit act 1974 requires them to because i have missed payments under my credit card agreement, it lists the missed payents and my £1.00 i have paid towards the missed payments (that was for the cca)yours kermit&co and a OFT information sheet thay do have the CCA Dispute / s.10 Cease & Desist
many thanks

Planty79

Hi NID

I sent the CCA letters last week and on recorded tracking they were delivered on 7th May. Today I have received a letter from Fairfax dated 10th May not mentioning my request and threatening court action. Should I just ignore this and wait for a response to my CCA letters?

Cheers

elsie52

Hi Niddy, and everyone else.:)

Hope you have had a good few days off Niddy and have recharged your batteries, I read the forums yesterday and saw Mrs Niddy had given us a visit. She sounds like a very nice lady.!:)
,
Just an update on our progress.

Sent CCA requests out on 19th April to 6 creditors, only one has replied, (Marbles) so we have CCA Reminder letters ready to go at the end of the week to the remaining 5, which means that we have given them almost a month before sending 2nd letters out.

Had a cc statement today from Llloyds TSB, cheeky b's have taken my £1.00, which is supposed to be for CCA request, and used it as payment on cc.!! :mad:

Hope you've had another good day.:beer::beer::beer:

dibs69

Hi elsie52, i got robbed aswell, not suprised thats why thay have a black horse thay are just !!!!!! turpins:mad:

trigger1812

Sorry Nids, if by the 21st it then becomes unenforcable do I then stop paying link the £40.00, and if so will link try and get nasty with me? they normally take payments once a month off my debit card, I can easily order a new one with different numbers on :rotfl:

never-in-doubt

trigger1812 wrote: »

Sorry Nids, if by the 21st it then becomes unenforcable do I then stop paying link the £40.00, and if so will link try and get nasty with me? they normally take payments once a month off my debit card, I can easily order a new one with different numbers on :rotfl:

Yes you have to cease repayments if they are in default of your CCA Request mate (12+2 days after the date you sent it).....

scarednshakin

scarednshakin wrote: »

Ok, don't think I have woken up properly today I sent you them by email - sorry

Oh d*m n blast, it would have to be her biggest card as well :mad: Might try and blag this one as I can't read the writing on the form either, see what comes back.

Cheers for the replies, from reading other posts about RBS might just go and see what payment they will accept.

Thanks for all your advice, think we are now down to my LLoyds card and 2 loans CCA's still to come, can't believe that will be them all in as we had sooo many of them.

Will let you know what comes in and thanks again mate, must owe you about 100 beers by now :beer: