Unenforceability & Template Letters III

Locke

never-in-doubt wrote: »

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

Just checked back through my paperwork and it was the CCA Dispute - s.10 Cease & Desist letter I sent last and left it at that.

never-in-doubt

Locke wrote: »

Just checked back through my paperwork and it was the CCA Dispute - s.10 Cease & Desist letter I sent last and left it at that.

Okies, well just sit tight now - it is unenforceable until they respond, remember that

mojoparrot

never-in-doubt wrote: »

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!

OK thanks NID hope you are having a good day :j

10past6

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

Basically, you would only contest the court's jurisdiction if the claim come under Scottish law, but was being heard / decided on via an English court, or vice versa.

BigCraigJohn

Hi Nid, just a quick one. Have had 2 calls from Capquest today, first time I said he wasnt there and they hung up so I got the the number and googled it, 2nd call I spoke but told them I wont discus financial matters by phone and I hung up after telling me its crucial I speak to them.
Now as far as i'm concerned this is in dispute and ive recieved nothing from Capone telling me where my debts gone.
Whats the next plan? any recomended templates or should I wait for them to write to me?
To be fair the calls are not a problem as they are at reasonable oclock and I wont speak.
Cant believe how quick things are moving now after nothing for a bit.

never-in-doubt

BigCraigJohn wrote: »

Hi Nid, just a quick one. Have had 2 calls from Capquest today, first time I said he wasnt there and they hung up so I got the the number and googled it, 2nd call I spoke but told them I wont discus financial matters by phone and I hung up after telling me its crucial I speak to them.
Now as far as i'm concerned this is in dispute and ive recieved nothing from Capone telling me where my debts gone.
Whats the next plan? any recomended templates or should I wait for them to write to me?
To be fair the calls are not a problem as they are at reasonable oclock and I wont speak.
Cant believe how quick things are moving now after nothing for a bit.

Hiya

send this: Harassment by Telephone

never-in-doubt

Mateusrojo wrote: »

Total confusion - until I recheckd post and realised that I had only posted one page and not the album (sadly two pages!) Please take another look here: http://s800.photobucket.com/albums/yy290/mateusrojo/MandS/

Shame it wasn't just one page

Mateusrojo wrote: »

Many thanks - and I hope it is still unenforceable - but the extra page contains some of the things you have refered to ?

Nope, sorry it is enforceable as everything is fine and the pages clearly show page 1 of 2 and 2 of 2..... sorry, time to arrange repayments on this one.

Mateusrojo wrote: »

Also had made a further post #2885 with the link to the sainsburys letter which you had asked to see - if you could also look at this I would be grateful

What is this in response to? What was the last template you sent them? It is only their response to whatever you sent, maybe a CCA Query?

Please confirm.....

jen_br

Good Morning Nid..
I got 2 responses from Lloyds…
Recap- My CC- sent all the letters incl the one about forging my signature. They have replied with we have taken 4 weeks but we need more time.

My DHs – again sent all letters incl final response as they couldn’t find a signed CCA here is there response I can scan it if you want the FULL details but ill paraphrase:

“We can’t agree with your complaint we can’t find your signed copy but we are looking for it.. we wouldn’t have opned an account with out one.. We did provide you with a copy of your agreement in response to s78”
“You have used your card been in existence for a long time.. you have repaid and drawn down thereby acknowledging that your agreement is enforceable”

“we note your comment that the copy of the Exec Agreement doesn’t have the Prescribed Terms pursuant to the CCA but the banks agreements have always complied with all the requirements and legislation and we are confident in our ability to demonstrate this Therefore your agreement is enforceable”

“Even if your agreement is unenforceable (which yours isn’t) you STILL legally have to repay the monies.”

“You claim that the agreement does not comply with s. 61 it does we make sure you sign.”

“You need to go to the ombudsman as I am declining your complaint”

scarednshakin

Hi Niddy, hope you are having a sunny day

Having problems getting the sans of the LLoyds loan but will keep trying.

Received letter today from CapQuest regarding the BOS CC which OH sent Final Response to, I was going to send Account Sold Whilst in Dispute letter but thought I better check first. There has been no contact before with Capquest regards this account.

Also got a response from Barclaycard, they had sent various bits n pieces but have sent my credit agreement and I hate to say it but think it is enforceable :(. If it is ok will try and scan it as well so you can have a look?

Thanks for helping and well impressed with all the new templates :T

I_Love_Crisps

Hi Nid

I sent the "Account sold whilst in Default of CCA Request" letter, only a few days later Debitas say they are sending an agent out to see me in the next seven days!! :mad: my sister will go ape if they turn up...they say if I contact them they will cancel the visit...hmmm sound like a bluff?

Seriously, is there a chance of them coming, I have sent the correct letters...do I send a reply to this one?

Cheers
Crisp Man