Unenforceability & Template Letters III

smifff_2

Thanks NIBS:T you're a star as always.

Numpty_Monkey

How doo mate , sorry to leave you with all the women on the anti troll thread;):o
and you never have given me beer and biscuits:p

This is the letter I got from the DCA
http://i266.photobucket.com/albums/ii257/NumptyMonkey/Marlinresponce5-5-10edit.jpg

Its thier response to the Debtors final response letter I sent:D

My guess is its the Credit card, (illegible CCA), so just a waste of paper and postage:cool:

swanfan02

never-in-doubt wrote: »

Hiya - send this: CCA Dispute / s.10 Cease & Desist

You're not paying are you?

Morning Niddy, no CCA from Robbersway/Barclayshark as yet & 30 days are up. All Robinson sent was a letter saying "Our client is trying to locate your agreement etc, find enclosed a copy of our complaints procedure." There was nothing with the letter ie no complaints procedure.:think:

never-in-doubt

swanfan02 wrote: »

Morning Niddy, no CCA from Robbersway/Barclayshark as yet & 30 days are up. All Robinson sent was a letter saying "Our client is trying to locate your agreement etc, find enclosed a copy of our complaints procedure." There was nothing with the letter ie no complaints procedure.:think:

Hiya

Just ignore them til it turns up - it remains in default/unenforceable until such time they do respond.

never-in-doubt

Numpty_Monkey wrote: »

How doo mate , sorry to leave you with all the women on the anti troll thread;):o
and you never have given me beer and biscuits:p

This is the letter I got from the DCA
http://i266.photobucket.com/albums/ii257/NumptyMonkey/Marlinresponce5-5-10edit.jpg

Its thier response to the Debtors final response letter I sent:D

My guess is its the Credit card, (illegible CCA), so just a waste of paper and postage:cool:

Hiya

They are speaking about both accounts - don't worry mate, i'll sort you a reply to send back to them shortly and PM you it/post it here for you......

Send one letter, for both accounts yea? (recorded again) - details & letter will be here later:

never-in-doubt

broccoli9 wrote: »

Hi there NID,

Sorry to mither you but did you receive my emails with my Cap one letters?

Hoping for good news!

Broccoli9

Hiya

sorry for the delay! Its for less than £600 - you know?

Did you notice this:








Well luckily they have not linked to the PT's so it is as it happens, 100% unenforceable (you lucky so and so) lol

Send this back to them: CCA Query

mojoparrot

Hi all

Just popping in to say hello hope everyone is well:j

Nothing to ask NID just a hello!!:T:T
Mojo:D

never-in-doubt

mojoparrot wrote: »

Hi all

Just popping in to say hello hope everyone is well:j

Nothing to ask NID just a hello!!:T:T
Mojo:D

Morning Mojo :hello::hello::hello:

carol01

hiya n.i.d
if my halifax credit card comes back enforcable,and if i didn't pay it and got a default would they stop putting interest on the account?

never-in-doubt

Numpty_Monkey wrote: »

My guess is its the Credit card, (illegible CCA), so just a waste of paper and postage:cool:

Mate

Send this back to them - quote both a/c numbers on it:

Dear Sirs,

Account No: XXXXXXXX

I write with reference to your letter dated xx/xx/2010 whereby you continually argue that you deem both accounts as enforceable.

I have previously explained to you, my position, which happens to coincide with current legislation, namely s.127(3) of the Consumer Credit Act 1974 which, for ease and clarity, is quoted below;

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

As is clear from the above, without the original signed agreement encompassing the prescribed terms, these accounts are deemed unenforceable and no formal action can be taken so long as this remains the case. Please do not waste my, or your time by fighting this lost cause any longer. Unless you can satisfy my s.78 request in full by providing me a copy of both alleged original "compliant" agreements, then I have nothing left to say to you.

As both these accounts are clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the accounts are now closed and no further correspondence will take place; irrespective, unless you do supply a copy of the original agreements I will not correspond with you again and any threats will be averred and unlawful and vexatious with a counter-claim forthcoming.

Yours faithfully




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