Unenforceability & Template Letters III

mojoparrot

Hi NID
Last one!! (phew I hear you say!):T:T
M & S CC card

CCA request sent.... no response
CCA reminder sent... CCA sent
You had a look... http://forums.moneysavingexpert.com/showpost.php?p=31798575&postcount=1657
Sent CCA query
Final response letter from M & S
Sent my final response letter

Have received today a copy of the final response letter from M & S again with a covering letter from the DCA letting me know that the agreement is compliant and they will be enforcing the debt.

Do I
A) Ignore it?
Write to the DCA with a copy of my response letter sent to M & S?
C) Give it up and go bankrupt?
D) Run away to a kibutz in far Asia, work on the land grow a beard and live with the llamas?

Answers on a postcard please to NID..............

Mojo:D

mojoparrot

never-in-doubt wrote: »

Will check tomorrow yea? It's my day of rest and you decide to "spring clean" - cheers :rotfl::rotfl:

Niddy is off back to the pub (where he belongs) :beer::beer::beer:

Thanks for checking will prob not be back on till Monday now too. Have a good glug for me! Never get the computer so have to spring clean when I can!:o
Mojo:D

scarednshakin

never-in-doubt wrote: »

Hiya

You need to email me a copy please - much bigger than the last things you sent, I cannot read them (did you ever resize them for me)?

I've not logged into emails for a few days, I will catch up in the morning..... :D

Hi Niddy, I did send them to you again a couple of days ago so hopefully you will be able to read them. Not sure what computer doing but images are fine then as soon as I send it it goes all fuzzy - let me know if they are ok ta:D

jen_br

Yeah I called BG they say apparently I owe some money even though I paid last bill got reciept etc... looks like this is for time i wasn't there...

yorkieboy1508

Hi All,

I recently received a reconstituted/fabricated copy of a credit agreement/terms and conditions with no signatures on it from Capital 1. Capital 1 also sent a covering letter with the agreement saying they had complied with my CCA Request and would not be entering into any further correspondence with me. The account is already defaulted and is being handled by a DCA called NCO who I originally sent the CCA request to.

After asking on the forum I sent the CCA Dispute - Copy Document Supplied to Capital 1 about 2 weeks ago and have not heard anything from Capital 1 since.

NCO have been ringing me but I've not answered the phone and I'm wondering what my next move should be and when.

Thanks in advance.

Locke

I'd hate to be your postman, Mojo.

catherine238

hey nid i have sent you an email with the scanned letters i have recieved from cabolt. its the response from the cca query i sent them. its just the form i filled in when i applied for the card and some bad print outs of old terms. its the same papers they sent to the cca request. would be so grateful if you could have a look for me
thanks nid
catherine

wish_i_had_a_time_machine

never-in-doubt wrote: »

I suggest you see here mate: Egg Card - CCA Flawed?

Hi NID.

Got a reply from egg in response to the letter i sent from the Egg Card - CCA Flawed page

Basically saying they had provided all the information required by law and that they do not consider there to be a genuine dispute to the enforceability of the agreement.

So i guess it's just a waiting game now till June 4th to see who wins the case

If egg looses does that mean my agreement is unforceable as i have the approved limit on my CCA

Thanks again

carol01

never-in-doubt wrote: »

I'll sort this tomorrow for you, i'm slightly confused so will have to search back through your posts to find the links - what, exactly, is happening? Is this an account you are paying off, but they have incorrectly defaulted you with? Please summarise if you get time! Makes my life easier. :D

Edit - on second thoughts:
Regards to your figures above, if the lender issues a pre default notice saying pay £XX then you MUST pay it or they will default you, you cannot just pay £70 and think, oh - they'll be fine with that - you needed authority that they were happy to accept £70 only. Therefore, the DN that was served to you for the £115.95 had to be paid by the date declared (usually 14 days) - otherwise they would default you, as the DCA correctly state - it was not paid and so they defaulted you.

Your amounts don't add up, you had to clear the £115.95 before 2 weeks - you only paid £70 then a further £80 a month later - this was not agreed and so really, you're fighting a losing battle.... you should be ringing and speaking to argos to be fair, ONLY they can help......

hi n-i-d
sorry i may have confused things should my letter dated 4/01/10 state it is a pre default notice (because it does not) the letter is asking me to pay the arrears of 58.05 but does not state in 14 days i paid 70.00 on 25/01/10 .
on the 15/01/10 my bog standard statement came throught asking for payment in feb and in the little addittions box it says you have missed 2 payments please pay 115.95 now to avoid further chargers is that the default notice because for something as serious as a default on my credit rating i thought it would be alittle more offical that.
can i ask for a copy of the default notice and does this mean i cannot try to go down the unenforcable route as the default is now already there
sorry n-i-d but i don't understand how i would know to pay within 14days
and moorcroft have said this default was issued on 26/01/10. i have no letter dated 26/01/10 telling me to pay within 14 days

never-in-doubt

Rainbow_Liberty wrote: »

Hi NID not had chance to scan them in yet but received a photocopy of my loan agreement this morning from Barclaysloan. Its signed and everything with my signature and this one is for the big amount.

Thing is, this is registered as defaulted in May 2005 and I can't afford to pay it back anyway but where does this leave me now

Can you scan it and send me a copy via email? Leave it intact as much as you can please, it makes it slightly easier to check (i.e. don't blank your signature etc)....

Thanks - PM once you email me and i'll go scan over it.