Unenforceability & Template Letters III

Utopia

Utopia wrote: »

3. (Adams)Sears/Creation card: Similar to Mojoparrot and jadex they sent a very bad copy of the agreement therefore I have responded with the Illegible Copy Document letter.

X

Hiya

Today I have received a letter from Sears/Creation which reads as follows:-
"Your letter of 19 Feb 10 has been passed to me for attention. I have examined all the file papers and find that you were sent a proper response to your request under s78(1) of the Consumer Credit Act 1974. Consequently I disagree with the assertions you make in your letter.
I respectfully suggest that you have a look at the High Court decision of His Honour Judge Waksman, QC, given in the High Court on 23 December 2009 and you will find details on this on the High Court website on the following link:
http://www.judiciary.gov.uk/docs/judgements guidance/judgment-carey-v-hsbc.pdf"

Is this now ready for final letter Nid? (Hope so )

I just want to say a huge THANK YOU for your help with everything so far.
Much appreciated Niddy.

XX

Locke

Locke wrote: »

Alright NID.

I got that letter off to Barclaycard yesterday about the phone calls, I've just had a look on the post office tracking and it's still in their system somewhere, I didn't send one off to Capital One just yet as from looking at the last letter they sent me they only wrote it on the 6th of this month and if we want to make an example of them by pushing it higher I thought it best to show we have given them a reasonable amount of time to get their act together.

I'll let you know the date they get it so we can start plotting our next form of attack!

Alright NID.

Just to let you know that I've checked my truecall set to see who has been blocked over the past week and from the 10th to the 14th Barclaycard called 18 times, yet since the 14th they haven't made one call to me.:eek:

Without wanting to get too ahead of myself it looks like the letter worked as they were calling 4 or 5 times everyday up until that point.

monlou

Hi NID

My mum received a letter today from RMA on behalf of Barclaycard.
I have sent you a scanned copy do we need to send the account whilst sold letter to them?

Thanks

Monlou

monlou wrote: »

Thanks Nid

will send this letter out
cheers:j

never-in-doubt

monlou wrote: »

Hi NID

My mum received a letter today from RMA on behalf of Barclaycard.
I have sent you a scanned copy do we need to send the account whilst sold letter to them?

Hiya

yep - that's what to do.....

never-in-doubt

triphop wrote: »

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

Hiya

just sit tight and await a response.....

never-in-doubt

scarednshakin wrote: »

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

Hiya

Regards to crappy1 - give them the time to send whatever they want to send, when they send it (cos they have admitted it will be a recon) we'll just hit them with a copy letter template, i.e. send me the originals - you already know without the original they can do nothing!

Ive not checked emails for a few days as I have over 200 in there, i'll get round to looking tonight! That's the problem when everyone emails me everything lol :eek:

Just bear with me, i'll reply to your email directly.

monlou

Cheers:beer:

never-in-doubt wrote: »

Hiya

yep - that's what to do.....

never-in-doubt

NittyGritty wrote: »

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

Hiya

Have you CCA'd Virgin, have I checked it and what did I suggest?

Sorry you need to remind me cos I don't remember each card that people have, as you can see there is a lot going on.... tell me details!

Bankruptcy is not an option right now so forget that!

never-in-doubt

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

Silly Silly idea - what has made you decide to go b/r? Stop panicking and speak to me!

never-in-doubt

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

Bankruptcy is a last resort - always consider a DRO before Bankruptcy!

http://www.adviceguide.org.uk/index/life/debt/debt_relief_orders.htm