Unenforceability & Template Letters III

triphop

never-in-doubt wrote: »

if things get too hairy then just let me know and we'll stop any serious action - but to be fair there isn't too much they can do other than start for CCJ - but we can stop that happening so long as you update us whenever you get a reply?

Hi,
Just checking in, been a week since I sent CCA Query - terms & conditions supplied. Still not heard anything but I suspect this week sometime I'll get reply of some sort. Working some real crappy hours at the moment (checking thread on me phone when I can ) but will of course update you when I get a response from them.

Thanks again Niddy

BigCraigJohn

Ah mate, might of spotted something.
Both pages appear the same size however see the date stamp on the front, well its coming through the other side of the back(see the interest rate box to the left of Annual), ive measured the distance from the bottom of the page on the cca and sar copies and on both the stamp is an inch higher on the back, also the angle doesnt match, so might mean that these were together but were 2 seperate sheets which unless i'm being silly would make it unenforceable.

However it may be because of being in a pile however the stamp indentation is pretty sharp.
:eek:

Ps have scanned them again and put on photobucket so they are better copies + ive attempted to take off the borders.

http://i1017.photobucket.com/albums/af299/badgercraig/LLOYDS/lloydscca2a-1-1.jpg?t=1274094486

http://i1017.photobucket.com/albums/af299/badgercraig/LLOYDS/lloydscca2b-1.jpg?t=1274094398


Would it be worth writing and asking outright if the 2 were on the reverse and if they are still on the reverse?

I may just give up now anyway and try some full and finals, got some money coming from ppi reclaims and this is 2 months behind. Gotta be careful though as I dont want the ppi getting swallowed if ive defaulted this.

never-in-doubt wrote: »

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

scarednshakin

Hi Niddy

Hoping you can help me. Hubby is away for a while so you have got Mrs SNS Typical as well, he goes away and Crappy One get in touch. In all fairness it is my account.

Ok see if this makes sense. I wrote to the in March querying CCA, you had checked it and was unenforceable. Today I got a reply from the dated 22 April :eek: I know post is slow but mmm, the envelope is dated 14 May.

The letter says that the have commenced investigations and noted that there was a discrepancy with the current terms and conditions we provided to you. We are in the process of reconstituting the current terms and conditions and will respond to you within 4 weeks of this letter.

It also mentions that they have enclosed reconstituted original agreement again inclusive your address at the time you signed your agreement - it is there but the house number is wrong.

It really is such a 'crappy' letter and then CapQuest have started to phone as well, take it for this account - didn't answer, hubby has me well trained.

Do you want to see a copy of what they have sent me or do I just wait and see what else they send out. Thank you very much for all your help

Also sent you an email a few days ago about a LLoyds online loan agreement not sure if you have had time to look at it yet, thanks again

NittyGritty

hi NID i,ve just rung virgin up to try to arrange some sort of help regarding payment i currently owe them around 7k was sort of dipping into it to pay things and before i knew it sort of got out of control, anyway, short story is i took the card out in 2008 i think, but they wont help me in anyway, they tried to put me on repayment plan but they refused when he put me on hold to speak to someone, not really sure what to do now, worried sick about paying the min payment off on 27th of £195 i,m currently unemployed so as you can imagine i,m not be able to afford this , any advice? thanks

NittyGritty

hi NID, what do i need to do to declare myself bankrupt, only option i can see at min, with all my debts, even if i do get the 2 barclaycard unenforceable, and with virgin not wanting to know that was final nail in the coffin so to speak do i apply online to go bankrupt or do i need to arrange it with someone at court, thanks for your help

BigCraigJohn

NittyGritty wrote: »

hi NID, what do i need to do to declare myself bankrupt, only option i can see at min, with all my debts, even if i do get the 2 barclaycard unenforceable, and with virgin not wanting to know that was final nail in the coffin so to speak do i apply online to go bankrupt or do i need to arrange it with someone at court, thanks for your help

http://forums.moneysavingexpert.com/forumdisplay.php?f=136

Look here nitty gritty.
Will get some more specialist advice + theres lots to read.
I'd think long and hard, it was something I considered myself a few months back.
Look into reclaiming anything you can ie ppi and charges and if any debts are unenforceable you may find you are better off than you thought. Dont forget you can add interest to any charges you can reclaim.
I think BR is last option and dont do it without thinking long and hard. Again though I know a number of people whos lives have been improved beyond belief for going bankrupt.
Good luck

elsie52

Hiya Niddy and everyone else.:wave:

Just popping in to say hi.! All quiet here, postie has been this morning and just bought the usual cc statements, nothing else from creditors. I am working on the assumption....no news is good news.....:j

Will update as and when.:)

Have a good day all.:D

NittyGritty

BigCraigJohn wrote: »

http://forums.moneysavingexpert.com/forumdisplay.php?f=136

Look here nitty gritty.
Will get some more specialist advice + theres lots to read.
I'd think long and hard, it was something I considered myself a few months back.
Look into reclaiming anything you can ie ppi and charges and if any debts are unenforceable you may find you are better off than you thought. Dont forget you can add interest to any charges you can reclaim.
I think BR is last option and dont do it without thinking long and hard. Again though I know a number of people whos lives have been improved beyond belief for going bankrupt.
Good luck

thanks big, will have a read now,

altho i,ve just been readin on 1 site, it says the following
Cons
Any of your assets can be sold. This includes your family home, your car and any of your household effects (if they are deemed to be of excessive value).
i live with with my mother, (she owns the house outright bought in 1991 i think) does this mean my mothers house could be used as assests? and taken away from here?

midastouched_2

Afternoon Niddy & everyone else.

I received a final response letter from LTSB today replying to my final response letter sent to them in April concerning my pre 2007 loan with them.

This was an online loan and I sent you a scan of the document which had no signatures or 'ticked boxes' - hence unenforceable.

I quote from todays letter:

"I should point out that your loan application was made via our Internet banking facility. We can confirm that the Consumer Credit Act 1974 (Electronic Communications) Order 2004 SI 2004 3236 came into force on 31 December 2004 and allowed Lloyds TSB to develop a process whereby customers could sign their loan agreements online without providing a 'wet' signature. This will explain why your agreement does no have a signature.

We therefore do not agree that the loan agreement we have with you contravenes the CCA 1974 or any associated regulations and in the circumstances you should continue to make payments due under the agreements. If you do not maintain your repayments we may report any defaults to the credit reference agency, issue a default notice, commence legal proceedings and seek enforcement of the judgement"

Muppets have already defaulted me. :eek:

It goes on to say that they don't agree with my complaint and that I have six months to bring it up with the FOS.

Do I need to respond to this letter given that it is their final response?

Thanks again mate,

:beer:

midastouched_2

NittyGritty wrote: »

thanks big, will have a read now,

altho i,ve just been readin on 1 site, it says the following
Cons
Any of your assets can be sold. This includes your family home, your car and any of your household effects (if they are deemed to be of excessive value).
i live with with my mother, (she owns the house outright bought in 1991 i think) does this mean my mothers house could be used as assests? and taken away from here?

Your mums house is safe. They can't touch it so don't worry about that.