Unenforceability & Template Letters III

never-in-doubt

elsie52 wrote: »

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

Hi Elsie

Yep - no news is deffo good news

never-in-doubt

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?

Hiya

Calm down - stop worrying and talk to us! You really DO NOT want to go Bankrupt at your age! Absolutely bonkers! :eek:

never-in-doubt

Utopia wrote: »

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

Hiya

Yep send this - Debtors Final Response - CCA Received

Basically the HSBC v Carey case is explained on page 1 of this thread! :rotfl:

never-in-doubt

Locke wrote: »

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.

Here's hoping mate, here's hoping eh? :rotfl: :rotfl:

never-in-doubt

midastouched wrote: »

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:

Hiya

I'll sort you a response tonight mate - sit tight. Its a non standard response as they are trying to utilise the tick in a box scenario, however it is almost impossible for you to prove whether it did or did not get ticked - point is, they have sent you a copy unticked which means they do not have a copy of the ticked one, its utter nonsense - they still need to provide an original......

Letter will be here later for you

NittyGritty

never-in-doubt wrote: »

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!

hi NID, as the card was taken out after 2007 not really an option regarding CCA, i was planning on doing it with my 2 barclaycards, i had hoped virgin would accept some sort of payment plan, but rung them, but they refused just saying pay off what u can, but intrest etc will still be added, as i,m unemployed i have no other option to be honest, i looked at DRO but you must have less than 15k debt and i have double that, and with no income apart from jobseekers i might be wrong but looks like only option, rund cccs up earlier told em everything, got an advisor ringing on thursday, so see what he has to say,

never-in-doubt

NittyGritty wrote: »

hi NID, as the card was taken out after 2007 not really an option regarding CCA, i was planning on doing it with my 2 barclaycards, i had hoped virgin would accept some sort of payment plan, but rung them, but they refused just saying pay off what u can, but intrest etc will still be added, as i,m unemployed i have no other option to be honest, i looked at DRO but you must have less than 15k debt and i have double that, and with no income apart from jobseekers i might be wrong but looks like only option, rund cccs up earlier told em everything, got an advisor ringing on thursday, so see what he has to say,

Ok well i'd not consider bankruptcy - i'd rather just ignore Virgin and see what they do - don't pay the instalment though cos you obviously can't afford it, come to mention it you'll not be able to afford the b/r fee either will you?

Point is they cannot get blood from a stone, so just ignore them - they cannot do anything, legally!

As we always say, b/r is a last resort - i.e. let them CCJ you - that's the worse they will/can do! So what, when you get sorted you can then pay the CCJ off and it's finished..... Just speak to someone and get specific solid sound advice! Do not make any rash decisions.

Lyndzzz

ashmuir wrote: »

Hey Niddy and all,

Been a while since I posted as i've been out of the country for 4 weeks. I've come back today to a reply to my CCA request from the DCA saying the following:



What should my next step be?

Cheers,

Ash

Ash, you lucky ginger so and so how much do you owe them?

Lynds xx

nanna58

HI N I D
Re 2821 just to say ive posted off CCA recorded to B card today
OOOOH ERRRR
i know they will be difficult as they can be they always have been

Lyndzzz

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:)

Yep, LTSB have been awful with me - i actually HATE them! :mad: and i dont hate anybody!
Lyndzzz x