Unenforceability & Template Letters III

elsie52

elsie52 wrote: »

Hi Niddy,

Just received our first CCA request reply from Cahoot Flexible Loan, along with 20+ pages of T & C's.

Would you please have a look and let me know what you think. I have looked at the Prescribed Terms,bu t I can't decide whether its enforceable or not because it does not have a credit limit on. Thanks very much. I have removed all personal details.

Hi Niddy,

I think its enforceable. It doesn't need credit limit because its a running account.
Am I correct?

Thanks again

never-in-doubt

elsie52 wrote: »

Hi Niddy,

Just received our first CCA request reply from Cahoot Flexible Loan, along with 20+ pages of T & C's.

Would you please have a look and let me know what you think. I have looked at the Prescribed Terms,bu t I can't decide whether its enforceable or not because it does not have a credit limit on. Thanks very much. I have removed all personal details.

Elsie

Go back to this post and Remove the links - too much detail on view

It is unenforceable :T, send this - see what they send back: CCA Query - Terms & Conditions Supplied

never-in-doubt

BeenieCat wrote: »

LOL, you're psychic Locke I got it today :rotfl:

Niddy - this next? >> 3.2 - CCA Query - Terms & Conditions Supplied;

Hiya Beenie

Yep you got it, send that back (CCA Query - Terms & Conditions Supplied)

never-in-doubt

elsie52 wrote: »

Hi Niddy,

I think its enforceable. It doesn't need credit limit because its a running account.
Am I correct?

Thanks again

Its a loan, flexible loan or otherwise - it is a loan and therefore should have the amount of loan, the repayments, the percentage, the original terms at inception, the current terms and be signed by you both encompassing or at least linked to, the prescribed terms. It aint!

It is unenforceable, as things stand right now....

EDIT: In your quote above ( #2746 ), delete the erroneous "/" at the bottom of the quote as it is still linked to the imagshack file

elsie52

never-in-doubt wrote: »

Its a loan, flexible loan or otherwise - it is a loan and therefore should have the amount of loan, the repayments, the percentage, the original terms at inception, the current terms and be signed by you both encompassing or at least linked to, the prescribed terms. It aint!

It is unenforceable, as things stand right now....

Thanks very much Niddy.......I've removed the links as you said.

Thank god you are there, I had convinced myself that this one was good. Shows what I know......zilch.!! :eek: I am extremely happy to be proven wrong.:T

Will send CCA query.....Terms and Conditions Supplied as you say.

Thanks very much again.:T:T

Kudox

Hi I have a Cap One account thats being dealt with by Capquest. Have gone through the CCA process and having gone through this thread with a fine tooth comb am pretty sure its unenforceable. They've sent the usual "reconstituted agreement" which is basically just a bit of the application form and some unrelated T&C's plus the current T&C's sent separately.
Capquest are just acting as if the debt is still enforceable and are now threatening to send doorstep recovery agents ScotCall.
I'm aware they aren't legally allowed to do this however just wondered if I should respond to this in writing in any way.
I should say I'm preparing to send Cap One the "debtors final response " letter but Capquest seem to be ignoring the position completely.Should I send the letter to both Cap One and Capquest?
Thanks for any help guys.

never-in-doubt

Kudox wrote: »

Hi I have a Cap One account thats being dealt with by Capquest. Have gone through the CCA process and having gone through this thread with a fine tooth comb am pretty sure its unenforceable. They've sent the usual "reconstituted agreement" which is basically just a bit of the application form and some unrelated T&C's plus the current T&C's sent separately.
Capquest are just acting as if the debt is still enforceable and are now threatening to send doorstep recovery agents ScotCall.
I'm aware they aren't legally allowed to do this however just wondered if I should respond to this in writing in any way.
I should say I'm preparing to send Cap One the "debtors final response " letter but Capquest seem to be ignoring the position completely.Should I send the letter to both Cap One and Capquest?
Thanks for any help guys.

Send this to CrappyQuest: Threat of Doorstep-Visit-

And this, a week later: Debtors Final Response - CCA Received

Kudox

Hi NID I thought that would be the way to go thanks for confirming it:T

BigCraigJohn

Oh dear, according to my Equifax file i'm a Delinquent. NID what have you done

Nah I was sort of looking forward to the default :cool:

No calls in a week though

smifff_2

Hi NID, just thought I'd update you, remember me I live in France, allegedly owe Barclaycard Visa and Barclaycard Mastercard around 7k. Mercers have now given up and have set calders onto me regarding the Mastercard. I noticed yesterday that all the threatogrammes from Mercers were always for the Mastercard, so in reality I've not heard a peep for 6 month concirning the Barclaycard. weehee.
I now need to open an account in the UK, just a current account with debit card. Can you tell me what banks have no connections with Barclays as I'm worried they would take any money I had in the new account.
Thanks in advance.
Mike