Unenforceability & Template Letters III

never-in-doubt

I_Love_Crisps wrote: »

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

Send this: Threat of Doorstep-Visit

Numpty_Monkey

I thought you was going to the pub:p

never-in-doubt

jen_br wrote: »

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”

Hiya

Its their normal responses - just sit tight and wait and see what they come up with.....

Nothing to worry about, ive seen the exact same letter as yours only the other week lol - check back a few pages and you'll see it..... I commented about the fact that so what if the card was used, without the agreement it is meaningless! I'll try and find it - but right now its now big deal, they cannot do much other than register a default, which they should have already done anyways!

I_Love_Crisps

never-in-doubt wrote: »

Send this: Threat of Doorstep-Visit

Thank you as always fella!! :beer:

BigCraigJohn

never-in-doubt wrote: »

Hiya

send this: Harassment by Telephone

Phone rings today

*Can I speak to Mr ***** ***********
@Depends, Whos speaking?
*FTC
@Didnt you call monday and yesterday?
*No we havnt called you :eek:

Actually enjoyed the call, he was trying so hard but I gave him nothing.
Silly thing is I did 1471 and it was the same number that rang yesterday saying they were Capquest and i'm pretty sure it was the same bloke. Now if thats not trying to deliberately mislead I dont know what is as after google it seems they are the same company
I heard these companies were none to smart but this is just silly. :mad::rotfl:.

DebtFreeOneDay_3

Hiya NID, Hiya everyone

jen_br had the same letter from Lloyds two weeks ago and just had my first phone call from them today after six months, just hung up on them like NID had said to. Just wanted to let you know so you can expect it to. Have a good evening all:)

mojoparrot

Hi NID
I have emailed you a copy of the Drydens/Creation default notice/letter, could you please pass onto 10 past 6. I would have posted it on the thread for everyone but struggled to redact the personal info..... the scanner hates me too and switches itself to "awkward" when it sees me coming:o:o

Sorry to be a pain NID
Mojo:D

flo5

Hi NID

Refering to #2304/2306/2169

Recived a reply from Capquest today:
It enclosed A Photocopy Credit Agreement not signed by me and had my current address also enclosed Terms & Conditions from NEXT Spring & Summer Brochure 2008, with Copied Account Statements from Jan 08 to Feb 09.
Covering letter:-

I write in response to your letter received in Capquest's offices 29 April 2010 of which your comments have been duly noted.

I can confirm that your telephone number was removed from CapQuests's system on 17 March 2010 on receipt of your letter of dispute in relation to alleged telephone harrassment. CapQuest issued a response to you on 24 March 2010 confirming their action.

CapQuest received further letters from you on 07 and 09 April 2010. CapQuest issued a copy of their previous response to you for your review as your points raised in this letter were repeated. Please find enclosed a copy of your agreement with terms and conditions together with statements for your review.

In order to help CapQuest understand your dispute, could you please clarify the following in your response:

Do you deny applying for a Next Catalogue?
Do you deny ever receiving a Next Catalogue?
Do you deny ordering their products or services?
Do you deny ever receiving statements for a Next catalogue?
Do you deny ever making payments to a Next Catalogue?

Your account will remain on hold for a further 14 days to await your response. If no response is forthcoming then your account will be returned to CapQuests collections department to establish contact with you. Should you wish to discuss this matter further please contact me on 0871 574 3161
Yours sincerely

Ms N Humphreys
Quality Assurance Officer

Would be most grateful for guidance on what l do now

Many thanks

BorassicLint

An evening**BUMP** from me

maz1964

never-in-doubt wrote: »

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

hiya niddy, thanks and have sent you rear tonight on email, further to prev post number 2962

i will of course keep that info as my ace card for the time being;)

i still hope its unenforceable, and very sorry to get your further clarification, but im learning all the time so for next time i may even recognise it being so :eek: lol that would be a miracle for me:rotfl:

have a fun eve laters maz