Unenforceability & Template Letters III

never-in-doubt

elsie52 wrote: »

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:

Hiya

Yea the Mrs is around so I have to be a good Niddy now :rotfl::rotfl:

Regards Lloyds, they cannot do that! On the template you warn them not to do that! Still, doesn;t mean they won't go into default - muppets! :o

I quote from CCA Request:

Attached is payment in the sum of £1.00, which is the statutory fee - note that these funds are not to be used for any other purpose.

Anyway, just wait and see what happens for now yea?

never-in-doubt

scarednshakin wrote: »

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.

Hi matey

sorry to be the bearer of bad news - not all of them are enforceable, but unfort yours are..... eeek, try and blag them both for time being - that's what i'd do, i.e. send this to both: CCA Query

never-in-doubt

Planty79 wrote: »

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

Who did you send CCA to? If it was the lender, send this to Fairfax: Account sold whilst in Default of CCA Request

If it was fairfax, then just wait.

omissimo

Hi Guys,

I started reclaiming back in 2007 and managed to win a couple of cases and I got a couple stayed. I've kind of taken my finger off the pulse through 2009 and now I'm trying to get my self back up to speed and figure out what I can do.

There's a couple of things I'm trying to figure out.

1. Unenforceable Agreement. I have managed to find the original carbon copies of my loan agreement and the original printed copy they posted to me when I took out the loan, neither of which are signed by them. When I received my DSAR the copies they provided then are signed, do you think this might be an unenforceable case?

2. Statue Bared. In a few months time it will be 6 years from the date of the last payment. In one of the posts I read about the debt being written off, is this automatic, how does it work? On the DSAR info I have it states that the debt is written off by the finance company before selling it to a DCA.

3. Defaults. I've got continuous defaults being marked on my credit file even though the debt is in legal dispute. Also both the finance company and 2 collection agencies have marked defaults in relation to the same debt, is that allowed? I had to fight with the agencies to get them to send the debt back because it was in dispute.

4. Mis-selling loans. Can a loan be mis-sold? When I signed up for the loan I was a full time student. The salesman from the retail store quietly told me to just say I was full time employed to get the loan, can I use this as an argument?

Anyway I'd really appreciate any guidance or support with this, I really just want to get it cleared up now. If NID or anyone else would like more details I'd be happy to send it you privately, don't really want to post too much up here incase banks are sniffing about!

Thanks

pepe2008

Hi NiD,

Just a quick confirmation needed! Several reqs to NWB for CCA, these were met with letters stating that 'we are unable to confirm your ID s please visit a Branch with Passport etc'.

Sent them a letter pointing out, basically, that that is their problem. Now sent them he CCA Req Default and they have come back with
'We are unale to comply with your request under te Terms of the CCA 1974. Plaese go to a Branch etcetc'

I take it that the situation remains that if they cannot ID, then they cannot do anything?

never-in-doubt

themaestro wrote: »

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

Excellent news - unenforceable :T:T

themaestro wrote: »

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:

You may have to agree to repayment terms then i'm afraid.... sorry :(

scarednshakin

Oh well, from all the CCA's we have sent out these are the first 2 to be enforceable. Will send out Query letters and see what happens.

elsie52

Thanks Niddy, I will let you know if/when we get anything back from CCA reminders.

catherine238

hey nid quick update, i know you say never call them but it was a last resort because i had no old statements or anything to get the account number from. well i called ulster bank gave them all the info i had given them in a previous letter they were able to see my account on their system straight away ?? weird. any how now i have i am going to resend the letter you gave me so they have no excuse they have to investigate the double default.

thanks nid
catherine

wish_i_had_a_time_machine

Hi NID
Could you take a look at another CCA for me please
It's for an Abbey card taken out 2004 sold to DLC june 2009 and now Mercantile Data Bureau are chasing

http://i901.photobucket.com/albums/ac213/mypicturesonthenet/abbey/005.jpg

http://i901.photobucket.com/albums/ac213/mypicturesonthenet/abbey/006.jpg

http://i901.photobucket.com/albums/ac213/mypicturesonthenet/abbey/004.jpg

http://i901.photobucket.com/albums/ac213/mypicturesonthenet/abbey/003.jpg

http://i901.photobucket.com/albums/ac213/mypicturesonthenet/abbey/002.jpg

http://i901.photobucket.com/albums/ac213/mypicturesonthenet/abbey/001.jpg

Many thanks