Unenforceability & Template Letters III

roadster

Morning Mate

Still cant stop laughing at that letter - just read it again - i know what you mean i wish i was a fly on the wall when they open that and read it. LOL

Just a thought - if an account is in dispute are they permitted to keep adding interest and charges, or should they freeze until dispute is resolved or deemed Unenforceable.

Thanks again mate

underworld

never-in-doubt wrote: »

Hiya

As Blueforyou stated here: #256 - you should leave things as they are until such time they send the documents requested. The account is unenforceable until such time they comply with your s.78 request.

You have the proof of postage - therefore you have nothing to worry about....

I'll just leave it at that then, thanks to you both.

I'll quote the bit in bold next time they ring as they have my work number

razer12121

never-in-doubt wrote: »

See here: Debt Factsheets - Liability for Debts and the Limitation Act

If it is SB'd then send this to the lender/DCA: Statute Barred Debt - England

A running account is a credit facility with a credit limit, a loan is a fixed sum account (i.e. cos the amount does not change!).....

thats a good read, i know a few people that will help out! :j however i do have one last thing i would like to know, if no contact is made with the company, can they still apply a CCJ agasint the creditor?

maz1964

never-in-doubt wrote: »

Hiya - how are you? Ok I hope

I wasn't meaning to sound harsh but you'll get bogged down and confused if you take on too much, at least do your own first - learn the processes then move on to helping friends, or get them to post here and we'll do it for you

But seriously, it can be a ball-ache. I still get 50+ PM's a day and I thought with the new thread there'd be no need to PM me like that, however of the 72 received today over 60 had never posted before so jumped in and PM'd before reading this thread!

The new layout means you only have to read pages 1 & 2 to learn everything.... it is still being updated, some new letters were added today! The best and funniest letter i've done to date must be this one earlier tonight - #295 :rotfl: :rotfl:

Anyway, have a good night and speak soon....

Good Morning NID

I am good after a good nights sleep finally after many sleepless nights -
I am fine really thankyou for asking:) - and its sometimes hard on here with words on a screen to how you want to express your feelings

i was not offended in any way and i hope the same for you, i was actually pleased you showed me that i have to deal with my family first - i hate injustice in any kind and i always want to help someone but of course it impacts on me in the long run

the site and this thread especially is about taking the time out for self learning and your first pages of info are fab, and whilst it should be easy for everyone to follow i suppose and can remember its scary at first, but with learning and reading i became more confident in myself and now better with my health im ready to start afresh and take no prisoners :rotfl:

I have to say you do come across as someone who is very helpful and whilst i agree people should have read your first 2 pages first before pm you, i can relate the fear they must feel right now trying to make sense of what they have to do, i was there about a year ago but with time hoping you get only pms to tell you of each of our own personal success and thanks

yes i agree dont forget the wife and i must not forget my hubby too, :beer:

they do keep our feet grounded im sure

have a fun weekend and dont work too hard and eventually you will get this thread working in the way you can vision it

take care Ciao Maz:p:p

AndyLGR

never-in-doubt wrote: »

Also it takes a while to get archived stuff, so I say give the lender at least a month between letters - last thing you want to do is assume unenforceability then 2 weeks later a CCA turns up....

This is an interesting point. I sent 2 CCA's off on 31st Jan this year, one to Lowells for a Barclaycard and one to Fredrickson for a Cap 1 card.

Fredrickson have replied to say they have requested the CCA from the original lender and in the meantime my account is now on hold. So they have declared my account is on hold - do I still send them stage 2 reminder and tell them I'm withholding payments (I've already stopped my standing order for them due later this month).

Lowells have sent 2 replies basically saying the same thing that the lender is requesting the form from their archives and once they obtain it then I will have to pay the amount owed in full, or risk going to court etc. I think they are trying to scare me in to suddenly paying the full amount (if I could), but anyway I was going to send the reminder / cease payments letter today anyway and see what happens from there, however now you mention how long it takes to get archived material, should I hang on a little longer?

JuicyLou

Hi, I've started a new thread with this question, but this might be a better place for it. Sorry for the double post.

I know you can request a copy of your credit agreement for loans and credit card debts and if one can't be produced the debt is unenforceable, but does that also apply to overdrafts? Is there a different letter I need to send?

Thanks in advance. x

underworld

JuicyLou wrote: »

Hi, I've started a new thread with this question, but this might be a better place for it. Sorry for the double post.

I know you can request a copy of your credit agreement for loans and credit card debts and if one can't be produced the debt is unenforceable, but does that also apply to overdrafts? Is there a different letter I need to send?

Thanks in advance. x

See the post from NID below...

http://forums.moneysavingexpert.com/showpost.html?p=30476023&postcount=204

fto

Hi nid, just received this from the NW,could you give any advice hw to respond.


regarding your recent letter concerning the banks alleged breach of the CCA,I would advice you the following.
Any request made for the executed agreement under s78(1),states that the company must meet the statuary requirements by proving a "true copy" of the agreement relevant to the card product at the date the card agreement was made,plus a copy of the terms of the card product.These copies should be accompanied by the statement of financial information relating to the account.
When responding to requests under s78 we are compliant if we provide a true copy of the agreement in accordance with regulations 3(2) and 7 (1) (b) of the consumer credit (cancelation notices and copies of documentss) regulations 1983.This means that there is no obligation for us to provide a copy of the original agreement bearing signatures.Additionally,under regulation 3 (2) a "true copy" does not need to include a signature box or dates of signatures.
We have spplied a copy of the credit aggrement that you agreed to after which you then received your credit card.We have also supplied a copy of the original and current terms and conditions of that card product with the prescribed terms and a statement showing the outstanding balance.We have advised you who you ned to contact to discuss amounts due and owing,and future payments must be paid.We have therefore met our obligations under s78(1) to provide a copy of the executed agreement and again we are satisfied that was provided complied with the regulations expressly made for controlling what is a true copy.
I must therefore inform you that we see no reason to enter into futher correspondence with you about alleged cca breaches,if you are not satisfied with this responce,you may seek whatever legal redress you consider open to you.
We do no condider this account to be in dispute and your indebtedness on this account remains due and payable and we will continue to pursue for repayments as they fall due.Any non payment of the account will be recorded on your credit file as will default if non payment continues.
I suggest you take advise from your local citizens advice bureau or other similar organisation if you continue to doubt the veracity of what we have told you about our having complied with our obligations under s78(1)

libbyjade

Hi Niddy,

Fantastic letter #295, 100% professional with a perverted twist of comedy - well done !! :T:T:T

Roadster, would love to hear their response if you can post back mate.

On another point, I read this artice with interest written by the MSE team

http://www.moneysavingexpert.com/news/loans/2010/03/cartel-faces-investigation

I was looking to pay a Claims Management Company (not Cartel) to pursue unenforceabilty, until NID reassured me I could just as easily (with a little bit of help ) do the job myself FOC.

I've actually enjoyed fighting my own battle with 4 creditors and so far so good, but I'm not holding my breath just yet.

In the artice above MSE state:

If you go down this route, to minimise the risk, we consider it's best to use a 'no win, no fee' firm so you only pay if you win. Even then, only opt for a firm that takes no more than 25%, but don't plan your finances around getting money back.

"We have received legal notifications from firms challenging comment in our forums about poor experiences and a lack of success, so we've had to remove some posts.

What I would like to know is, why are MSE not pointing to your thread initially to get some guidance - it's about saving money surely??? :mad:

Or are there legal implications as to why they can't point to your thread for guidance ie complaints made by nuggets who feel this avenue is immoral? :mad:

I know I wish I'd have read your thread first - most CMC's are thieves - I prefer the modern day Robin Hood approach on here!! :rotfl:

Comment/Discuss
Due to legal reasons, we cannot have the usual forum discussion on this story. However, if you would like to feed through your experiences, good or bad, please email [EMAIL="investigation@moneysavingexpert.com"]investigation@moneysavingexpert.com[/EMAIL].

Niddy, would you welcome it if I/people emailed them to promote what a superb advice thread you are offering here and point out to them that they should be pointing people to here first!! Oh and to make this a sticky!!

Thanks again for all the hard work you do on here :beer:

libbyjade

JuicyLou wrote: »

Hi, I've started a new thread with this question, but this might be a better place for it. Sorry for the double post.

I know you can request a copy of your credit agreement for loans and credit card debts and if one can't be produced the debt is unenforceable, but does that also apply to overdrafts? Is there a different letter I need to send?

Thanks in advance. x

Hi JuicyLou,

I'm sure Niddy will explain for you in more detail, but unfortunately you cannot prove overdrafts are unenforceable. I don't think they are covered under the CCA regulations.

I know previously this has been asked, so I would suggest reading through the other posts on this thread as a more definitive answer will have been given. Hope this helps to start with tho.

Ooops, just read underworlds reply