Unenforceability & Template Letters III

never-in-doubt

Locke wrote: »

Afteroon NID.

Here's a quick update...

Barclaycard

Capital One

Advice on my next move with that one too please.

Barclaycard - Debtors Final Response - No CCA Received

Crappy1 - Legal Threat - Harassment by Telephone

never-in-doubt

jadex wrote: »

It has been already filed in my binder and I can pretty forget about it (can I?).

Yes, just ignore it :beer:

never-in-doubt

DGJsaver wrote: »

Hello mate

Re : http://forums.moneysavingexpert.com/showpost.php?p=30401193&postcount=71 Post 71

I am back; Barclays have got back to us now, after us sending final response letters

The letter for the loan (you have seen the agreement and agreed with me it was unenforceable , but i emailed it to you....and discussed it on the previous Unenforceability thread) is from CDCS , are they a DCA from Barclays under a different name ? and it says the usual , pay within 7 days , details have been logged at CRA etc , says further action WILL be taken if no action on the letter , but doesn’t specify what..

The letter for Barclaycard (which we also discussed on the old thread they sent the usual t&c`s etc no signatures etc or personalisation of the alleged CCA Copy) is from Calder’s who i know ARE part of Barclays? Saying the usual, bailiffs, attachment of earnings etc etc

Now, i know you may say just file them in the cat litter etc, which i will if you insist, but is there a nice little template i can send them both as i hate being threatened and these two are `new` people to contact us so may need a reminder of their clients lack of sending us the enforceable CCA..


Cheers mate

You should se sending the new tempplate to the DCA's here - Refusal by Lender/DCA - to accept Unenforceability

Same on both fronts mate! :beer:

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

see here: #3002

Yes, send final response now - Debtors Final Response - CCA Received:D

never-in-doubt

I'm on the old iPhone, time to log off already!

I'll be back tomorrow - no need to panic between now & then, i've left a few questions cos i'm in no fit state to try and resolve them today lol..... Will sort tomorrow, promise! :beer:

DGJsaver

never-in-doubt wrote: »

You should se sending the new tempplate to the DCA's here - Refusal by Lender/DCA - to accept Unenforceability

Same on both fronts mate! :beer:

Thanks mucker:beer:

maz1964

hiya all

understand niddy is off for a well deserved rest enjoy the sunshine if you can

popped in to see how everyone is and i really must relook again and this time digest the new templates niddy has kindly done for us all

i may even be able to use one in a bit cheers

have a sunny and happy day all, laters MAZ:)

Rainbow_Liberty

Popping in to say hello, nothing to report at the mo really.

Received a second letter from the DCA Aktiv who Egg have sold the debt onto, I have sent the template letter so it has probably crossed in the post, so not even bothering responding to that letter they should have my original response by now.

As for everything else, printed off all my letters on Tuesday night for the FOS, printed that many things out ran out of paper so had to trawl everywhere for the cheapest place - found a ream for £2.18 at ASDA. Everything now posted to FOS - recorded of course and it cost £2.06 - some amount of paper or what lol.

Will keep everyone posted how I get on.

swanfan02

never-in-doubt wrote: »

Hiya

Just ignore them til it turns up - it remains in default/unenforceable until such time they do respond.

Hi Niddy, reply from barclayshark. :mad:They have sent original app form when card was Morgan Stanley plus letter from BC. App form has 2 pages on separate sheets but don't appear to be linked. Will scan & email if you want to see it. No hurry mate, when you've sobered up, so Sunday then.:rotfl:

pebbles88

Hello All,

not been on for a while, lovely to hear more stories of people fighting back and winning :beer:

Im horrified, i shouldnt be, but i am, incasso got the ccj, courts ordered us to pay £42 per month, so we gritted teeth and just thought right ok, we'll cut back other areas, i.e the grocery budget, and go from there.

got a letter today adv us incasso have gone for a redetermination hearing at our local court, we will be informed of the dates nearer the time

feel very sick now. have just managed to get myself a job, not starting though for a while, and if they troed to get an attachment of earnings i would be sacked :-(

i have pm'd 10past6 so hopefully he will be along soon. They can have a charging order, still doesnt mean we can pay them back immediately, we still just need time.

fingers crossed eh,