Unenforceability & Template Letters III

BigCraigJohn

I think I was the unfortunate 1 then.
They somehow magicked 1 up from 98 and was with me within 12 days. And it was enforceable.
Should I blame my ancestors for giving me a freakish wierd name that was probably pretty easy to find?
:mad::D

BorassicLint wrote: »

Hi dibs,

I haven't had a CCA either just t&c's but they have been very quick in replying to my letters, let's see what happens after I send the final response letter!



Hi Lyndzzz,

LTSB have been a right pain from the off so I hope they never find anyone's CCA - and if they do they are all unenforceable - 5 years 363 days and counting:)

BorassicLint

Fred on page 3:eek: back to page 1 where you belong

BorassicLint

BigCraigJohn wrote: »

I think I was the unfortunate 1 then.
They somehow magicked 1 up from 98 and was with me within 12 days. And it was enforceable.
Should I blame my ancestors for giving me a freakish wierd name that was probably pretty easy to find?
:mad::D

Hi BigCraigJohn,

Sorry to hear yours is enforceable but I won't count my chickens just yet, who's to say they won't find mine and it proves to be enforceable too:( let's just hope for the best.

Good luck;)

never-in-doubt

BigCraigJohn wrote: »

I think I was the unfortunate 1 then.
They somehow magicked 1 up from 98 and was with me within 12 days. And it was enforceable.
Should I blame my ancestors for giving me a freakish wierd name that was probably pretty easy to find?
:mad::D

Send it back to me mate to re-check for you...... if its from 98 it shouldn't be enforceable - I may have made an error

BigCraigJohn

never-in-doubt wrote: »

Send it back to me mate to re-check for you...... if its from 98 it shouldn't be enforceable - I may have made an error

I remember you being pretty shocked first time around. My gut feeling was enforceable and I think so reading it now but have another look anyway by all means.

http://img682.imageshack.us/img682/4848/lloydscca1.jpg

http://img267.imageshack.us/img267/8054/lloydscca2.jpg

However ive found and re lost my original Cap one agreement though, and lets just say the reconsititued copy seems to have far more in it and make more sense, and has far less errors than the original ie referring to s23 overleaf which is none existant.

never-in-doubt

Mateusrojo wrote: »

Hi NID

Morning - sorry for the delay (yea, it really is 04.30am!)......

Mateusrojo wrote: »

I would appreciate your advice on the outline of my situation below. My intention is to keep ignoring phone calls – but how long does it normally take for them to give up on this?

They will hassle you for about a year then things will die down totally as they revert to annual tracer searches, so long as you do not answer them then they will eventually give up as their processes only allow them a certain time before they select a new debtor to hassle!

Mateusrojo wrote: »

Barclaycard number 2:

Sent final response (7/4/10)- since then have had back a very short letter stating
"I write further to your recent letter alleging that we have failed too comply with our obligations in relation to your request for documents pursuant to Section 78 of the Consumer Credit Act

Please note that we have already set out, in detail, why wer are satisfied that the documents already provided to you to you have discharged obligations under the Act. We are under no legal obligation to provide any further documentation to you in this regard"

Now had a letter and lots and lots of calls from Mercer.

It is finished, ignore Mercer - if they continue to hassle you then we'll sort a response out to send them - in fact, I will create a letter to send DCA's that start to chase an UE debt.... i'll post a link on this thread and mention it so keep your eyes opem, but for the moment don't worry about it - it is unenforceable and you have told them so.

Mateusrojo wrote: »

Marks and spencer: Following your stunning letter (written after the above) I have received the following:
http://i800.photobucket.com/albums/yy290/mateusrojo/MandS/page0001.jpg

Would appreciate your thoughts but sadly think it enforceable?

That is not enforceable mate! Can you post me a link to the letter I done cos i'm slightly lost at the moment.....

Mateusrojo wrote: »

Barclaycard 1

Have never received anything relating to this account from them had sent the follow up request (15/03/10)and now about to send CCA dispute

No - leave it - they are in default, that's fine. Just wait - update me when they next contact you......

Mateusrojo wrote: »

Sainsbury:

Had sent a one sheet signed application form to me - stapled to it was an extract of some terms but nothing linking one to the other -

I sent CCA dispute and received a lengthy letter in return – do you need to see this or should I just ignore everything because I have sent the CCA dispute

Albion collections have been in touch by letter.

Ok, can you upload the letter and PM me the links and let me see it, in the meantime send this to Albion: Account sold whilst in Default of CCA Request

Mateusrojo wrote: »

MBNA/Virgin

Sent template 3.1 re their illegible copy – nothing returned – getting some phone calls from MBNA.

About to send CCA dispute letter

No need - send this instead: Debtors Final Response - CCA Received

Mateusrojo wrote: »

Egg

I now have their copy of the agreement – (have my own copy) on this forum you have already been identified this version as flawed. You had previously said to send CCA query but somehow I missed doing this – will I go ahead with this or should I now just sent the CCA dispute letter?

Getting calls from Egg

Send this: CCA Query

Mateusrojo wrote: »

Cap1

Had sent CCA dispute to them as they had only sent sent a typed agreement/application form page – (you determined this was only an agreement post # 681 and #855)

Have received a further letter the essence of which is that they have complied and will continue to pursue action to reclaim debt. However nothing since by way of phone calls or letters.

Thanks in advance for any advice/help

Send this: Debtors Final Response - CCA Received

never-in-doubt

BigCraigJohn wrote: »

I remember you being pretty shocked first time around. My gut feeling was enforceable and I think so reading it now but have another look anyway by all means.

http://img682.imageshack.us/img682/4848/lloydscca1.jpg

http://img267.imageshack.us/img267/8054/lloydscca2.jpg

However ive found and re lost my original Cap one agreement though, and lets just say the reconsititued copy seems to have far more in it and make more sense, and has far less errors than the original ie referring to s23 overleaf which is none existant.

Hiya

I've spent quite a while checking these and for some reason they look fine. Something doesn't add up though, that is what confuses me.....

Ok, being you have the originals, can you confirm if the pages are the same size? What I mean, get page 1 and page 2, lie side by side and where the blackness around the borders is, check that those terms were definitely on the back of the application - basically was it a two sided copy or is the terms page too big/small to fit on the back.... obviously bear in mind to take into account the black borders - if they match then it could well be a two sided copy, if they don't then it'd be unenforceable so you can see my obvious reason for asking.

Its a bummer though, i'm clutching at straws here eeeek

Planty79

never-in-doubt wrote: »

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.

Thanks again for all your help, much appreciated

Mateusrojo

Good morning NID

And thank you for your comprehensive reply!

The letter you wrote for me was #1047 - in response to M&S asking again for a signature - this acheived the result above!

Thank you for your determination that it is not enforceable but to aid my own learning can you let me know why? (Thanks)

Sainsbury letter - having a problem loading this to photobucket at the moment so will send it to you with my name in subject line.

Will get on the other letters today.

thanks again...

Mateusrojo

Ah Ha

Managed to get Photobucket to work.

Sainsbury letter now here:

http://s800.photobucket.com/albums/yy290/mateusrojo/Sainsbury/

Wanted to publish it in case it assists anyone else to hear your response - part of it seems like a standard response/cut and paste - they refer to "your client" in one paragraph before reverting to "you" but just wasn't it sure whether just alot of waffle or anything I need to pay attention to!!

Thanks NID