Unenforceability & Template Letters III

monlou

Hiya Nid

sorry to bother u again i know we chatted about this a while ago but was just wondering. Do i send the debtors final response letter to Freemans as well? Moorcroft are no longer dealing. Havent heard anything from Freemans since

Thanks

monlou wrote: »

Hiya

The letter from Moorcroft says the following
'' Further to your recent correspondence, i write to confirm we are no longer dealing on the above account. Please forward all further queries and payments direct to client''

Do i just leave it? i have sent all the relevant letters to Moorcroft was wondering if i had to write to Freemans regarding closure of account.

never-in-doubt

monlou wrote: »

Hiya Nid

sorry to bother u again i know we chatted about this a while ago but was just wondering. Do i send the debtors final response letter to Freemans as well? Moorcroft are no longer dealing. Havent heard anything from Freemans since

Thanks

Hiya

Just leave it until they respond, its already finished - just send it when they respond, or come post here whatever they say in any response....

never-in-doubt

BigCraigJohn wrote: »

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.

Hiya

Ok, i've seen and again as you're there with the paperwork, if you think they are different then great - but as to the second part of your post, why give up? You do know any PPi refund reduced the debt and has no bearing on unenforceability? You will not get a cheque, it repays the debt and only if it clears the balance do they send you money.....

It's up to you of course, but don't be under the illusion you're going to get a payout cos it won't happen - it will reduce the actual balance, that is all.

monlou

Thanks:)

#

never-in-doubt wrote: »

Hiya

Just leave it until they respond, its already finished - just send it when they respond, or come post here whatever they say in any response....

never-in-doubt

midastouched wrote: »

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.

Hiya

Send this back to Lloyds and see what they say!

Dear Sirs,

Account No: XXXXXXXX

I write in response to your letter, received on XX/XX/XXXX.

In my original letter, dated XX/XX/XXXX, I requested a copy of the credit agreement relating to the account detailed above. I expected to receive an exact copy of that which you hold in your records i.e. a copy of the agreement which is signed by myself and your representative. Instead, I received a typed reconstituted agreement; unsigned and un ticked.

You go on to state in your letter that under the Consumer Credit Act 1974 (Electronic Communications) Order 2004 SI 2004 3236, you are able to send a document that shows a clear "tick-in-the-box", however maybe you forgot that just because this alleged loan was applied for online, you still need to provide the original copy with the tick-in-the-box. You have clearly proved you do not have such a copy or you'd have simply printed a copy off and sent it to me, why then was the copy you did send to me blank, where there should be this tick?

s.127 is quite clear in what is and what is not allowed to be presented for judgement and unfortunately the rules regards to s.127 stipulate that you require the original signed agreement. As you have already sent me an unsigned (un-ticked) document then this will be used in my defence, in case you now try and fabricate a ticked copy. As I say, if you had the ticked copy you'd have sent it me first time round.

I feel it is a nonsense approach to hold to the idea that you won’t provide this document because you simply don’t have to. I feel that would take advantage of your position and such an approach from your business not be in the best interests of a healthy business/client relationship. I see no reason not to provide a photocopy of the requested document especially since you included a blank tick-in-the-box on the copy you have sent. Why would it be necessary to not provide a photocopy of the actual document if you are going to send what you claim is an exact replica, minus the ticks? Why are you unwilling to provide the ticked version anyway, I don’t really understand this stance? Unless, of course, you don’t actually have the document on record and so are unable to provide it, in which case I understand your actions. If it is the case that the original document is not in your possession, please advise this in your response letter.

In light of the above facts, this account does remain unenforceable and any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counter-claim that any such action constitutes unlawful harassment.

Yours faithfully

Sign digitally

never-in-doubt

Mateusrojo wrote: »

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...

Hiya

Link to letter is here: #1047

Ok, that letter was to get them to respond without a signature. Regards to why I am saying what they did eventually send, is unenforceable - can you see any signatures? Can you see your name and address? Can you see your credit limit? There are no default fees on the document or anything - it's literally some terms that they can add your name and address to - that is no proof that you've ever seen/read/touched them!!

Don't worry, you do not ever have to explain why you think it is UE - it is for them, the lender to prove to you that it is enforceable (which it isn't, so they can't) and you want a signed copy so you now respond with this: CCA Query - Terms & Conditions Supplied

never-in-doubt

I think that's me up-to-date!

If i've forgotten anyone please remind me

jen_br

Hey Nid, Hope your well x

never-in-doubt

jen_br wrote: »

Hey Nid, Hope your well x

Hi jen - yea, plodding along (working through emails) :eek: :eek:

Hows tricks? All quiet on the creditor front? :rotfl:

jen_br

LOL tricks what do you think i do for a living Sir?

Lloyds haven't said tickity boo to me!