Unenforceability & Template Letters III

BorassicLint

(Borrowed with thanks!)

BorassicLint

Hi NID,

Thanks for doing the new templates - your hard work is greatly appreciated by us all:beer:

maz1964

helllllllllllllllllooo everyone and niddy

just sent you an email niddy:beer:


anyway im hoping ive got this scanning business sorted so i can happily send on to niddy for him to view and advise me, so hope everyone is busy in the right way getting the correct responces out

keep happy all, im on a roll today hoping i can declare some good news of my own soon with niddys help of course

laters maz

Locke

Afternoon NID.

I sent off a request letter to Barclaycard at the beginning of March for an old Goldfish card, I didn't hear anything from them at all and went through the whole procedure before sending off my final response in the middle of April.

Well today they finally wrote back and said my agreement would be sent separately, it was the same bog standard reply they send everyone and 90% of me is expecting them to send the "thank you for requesting a copy of your terms and conditions" letter but because of the long delay there's a part of me that thinks they might actually have something.:(

From doing research into the whole CCA business I've never come across anyone that has received any like an enforceable agreement from Goldfish and opinion seems to be that they bought the accounts without any paperwork.

I don't suppose you've come across one have you?

Also if they do send terms and conditions, do I just ignore it since my final response has already been sent?

mojoparrot

10past6 wrote: »

Hi Mojo


The instruction what you need to do are in the thread i referred you to earlier.

For now, you MUST acknowledge the claim that's all you need to do at this stage.

I need some answers please, PRIOR to receiving the court claim, did you receive a default letter and termination letter from the claimant?

If so, please scan them up and send them via PM so I can view the legality of them, if you're unable to scan / PM me the documents, send them to Nids he'll forward them onto me.

Right 10 past 6, i have a week off work now to sort all my rubbish out (or to ask you and NID to guide me through!! :o:o )...........so here goes,

• I have got the SAR for this file. There are no letters in the SAR just pages of typed documents showing each month from the start of the card to current, what I paid, late fees etc. There is no record of the conversations that I had back at the end of 2009 when I was really struggling to make payments.
• Some of the sheets show a default payment fee and late fees, well quite a lot actually. Do you need to know when the first default fee charge was made?
• I have a letter from the lender creation dated 5/12/09 which seems to be a default notice. Do you want to see this?
• The first correspondence with Drydens lawyers starts on 15/2/10 and refers to the lender issuing a default notice (I assume this is the letter sent on 5/12/09).
• I'm not sure whether I had a termination letter I didnt keep a lot of the letters before NID's thread. I do remember ringing creation when I got the letter from Drydens and they said that they were no longer dealing with my card and I should communicatie with Drydens.
• I will scan the letter to you tomorrow morning - (I have to use my mums scanner)

I have logged on to the court system and have acknowledged the claim. The date on the form is 11/5/10. I received it as you know on the 14/5/10.
Please let me know if you would like to see anything else

THANKYOU 10 PAST 6!!!
:T:T:T

Mojo

mojoparrot

Hi 10 past 6
As I am going through the online acknowledgement form for the court claim form it asks do I contest the jursidiction (not geographical but whether a court has the abiltity to make a decision on the case - do I want to challange the courts jurisdiction?
No I assume?
Thanks

Mojo

never-in-doubt

maz1964 wrote: »

helllllllllllllllllooo everyone and niddy

just sent you an email niddy:beer:

Maz

The agreement you emailed me is 100% unenforceable - send this back: CCA Query

Regards to the fact they sent you someones elses data, this happens a lot and has also happened with Ann - what I suggested to Ann, will be the same as you - don't worry about it or mention it right now, see what they respond with - use this as your ace card.

Whatever you do, do not contact the person from the form - just pretend you never seen it right now, you may need to come to back to this later but right now the account (your hubbys) is unenforceable :T

never-in-doubt

Locke wrote: »

Afternoon NID.

I sent off a request letter to Barclaycard at the beginning of March for an old Goldfish card, I didn't hear anything from them at all and went through the whole procedure before sending off my final response in the middle of April.

Well today they finally wrote back and said my agreement would be sent separately, it was the same bog standard reply they send everyone and 90% of me is expecting them to send the "thank you for requesting a copy of your terms and conditions" letter but because of the long delay there's a part of me that thinks they might actually have something.:(

From doing research into the whole CCA business I've never come across anyone that has received any like an enforceable agreement from Goldfish and opinion seems to be that they bought the accounts without any paperwork.

I don't suppose you've come across one have you?

Also if they do send terms and conditions, do I just ignore it since my final response has already been sent?

Wait and see what they send, you should never send the final response unless you have had a CCA - really. But anyway, just see what they send before pre-empting an outcome

never-in-doubt

mojoparrot wrote: »

Hi 10 past 6
As I am going through the online acknowledgement form for the court claim form it asks do I contest the jursidiction (not geographical but whether a court has the abiltity to make a decision on the case - do I want to challange the courts jurisdiction?
No I assume?
Thanks

Mojo

I would suggest No, but best wait til 10past6 is back - send a quick PM with the links to posts here so he knows where you're posting....

It may have been easier starting a new thread, but I s'pose everyone knows you now so it'll be good to let them follow progress of how a CCJ is stopped in it's tracks, when presented against an UE agreement/unlawful default - account termination

As I say, best wait til he is online!

never-in-doubt

ccqueen wrote: »

Morning,

Hope NID can assist me with this one.

I have a default on my credit file from 3G and got letters from Lowells chasing a balance of £280 from 2005.

I wrote and asked for a copy statement evidence the account was mine as I am unsure it is.

Also requested a copy of the default as never received one and only knew anything about it when i got my credit file.

Now every couple of weeks I am getting a letter from Lowells advising they are trying to obtain copies of the paperwork and that my account is on hold and they will get back to me.

Is there anything i can do other than wait? I must of had 5 or 6 letters now telling me the same thing that they are trying to obtain the copies.

I just want them off my credit file

hope you can help.

You cannot CCA a mobile company (Three) so forget that, if that's what you've been waiting for - they are not governed by CCA1974 so will not respond, you need to formally complain to Three and tell them why you feel they have messed up and if they still refuse you then report them to Ofgem and let them deal with things.....


Sorry but utilities are a nightmare to deal with at the best of times.