Unenforceability & Template Letters III

never-in-doubt

cejsmith wrote: »

Thanks which version should I send?

Hiya

What do you mean "which version"? there is only one version, click the blue text - that is the link to the actual template! CCA Query is what you should send!

See my original message below, with link intact:

never-in-doubt wrote: »

That is awful - plus the bottom part is an addition, not part of the original - send this for now and see what they say: CCA Query

never-in-doubt

pebbles88 wrote: »

quick question my lovlies,

i have proof in writing from the fos that natcrap do not have the cca for an a/c... to completely stop paying is it this letter i should send???

http://forums.moneysavingexpert.com/showpost.php?p=30356157&postcount=15

Hiya

Yes - send that for the time being. See what they come back with....

never-in-doubt

mojoparrot wrote: »

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

Hiya

send this to the DCA - Refusal by Lender/DCA - to accept Unenforceability - with a copy of your last letter that you send to M&S so they know where you stand.

never-in-doubt

jen_br wrote: »

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...

Hiya

Ok well you need to be speaking to BG about this i'm afraid, if you can prove you were not living there then they will simply remove it and move on...... Not much I can do i'm afraid, if it was your debt then yea i'd get them to remove the default but as it isn't, sorry not really much I can do for you.... its a case of arguing direct with a threat, in writing, if they do not comply but unfortunately you need to provide proof.

A simple call to your current supplier asking for a letter confirming the date you started with them, will suffice so long as it covers the useage date BG claim was used by you.

never-in-doubt

yorkieboy1508 wrote: »

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.

Ignore Crappy1 for the time being - they remain in default until they comply. You should, in the meantime send this to NCO - Harassment by Telephone - with a copy of the letter you recently sent to Crappy1 (CCA Dispute - Copy Document)....

I_Love_Crisps

Really am worried now, hardly slept and in a panic...for Cap One to suddenly appear with a new version of my application form at this late time, it makes me wonder have they had this one all along?

Please have a look at my email from yesterday when you can Nid, im like a pacing lion without the power at the moment....

never-in-doubt

flo5 wrote: »

Hi NID

Refering to #2304/2306/2169 - Recived a reply from Capquest today: Would be most grateful for guidance on what l do now. Many thanks

Send this:

Dear Sirs,

Account No: XXXXXXXX

I write with reference to your letter dated xx/xx/xxxx, the content noted with responses to your points below.

First off, the documents you sent do not conform with, nor do they constitute compliance to my s.78 request and therefore the original creditor (Next) is still in default of my request which means this account remains in dispute until such time they adhere with my simple request. It is not for you to determine how long you will place the account into dispute for, it is my prerogative and you'd do well not to forget this.

Moving on, you keep sending me an unsigned copy of some agreement that has nothing to do with me, this document would be thrown out of court and we both know it. Please therefore send the file back to the original creditor, if you do not know how to proceed with an unenforceable claim, however be warned any attempted harassment or illegal activity will be pursued resulting in my obtaining a judgement against you, as the collection agent, if you do not start behaving in an appropriate manner.

Regards to the final point of your letter, the 5 questions are absolutely and entirely irrelevant and have no bearing on any unenforceability claim that I may have. Maybe you misunderstand the provisions of s.78 (CCA1974), however I do not and therefore your silly questions have been ignored as the irrelevant nonsense that they are. Do you have some belief that allows you to cancel s.78 if the debtor admits to using an account? If so then you're gravely mistaken and I suggest you seek clarity before wasting any more of my time.

As I have previously explained to you, my position, which happens to coincide with current legislation, namely s.127(3) of the Consumer Credit Act 1974 which, for ease and clarity, is quoted below;

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

As is clear from the above, without the original signed agreement encompassing the prescribed terms, this account is lawfully deemed unenforceable and no formal action can be taken so long as this remains the case. Please do not waste my, or your time by fighting this lost cause any longer. Unless you can satisfy my s.78 request in full by providing me a copy of the alleged original "compliant" agreement, then I have nothing left to say to you.

As the account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a copy of the original agreement I will not correspond with you again. Any threats will be averred and unlawful and vexatious with a counter-claim forthcoming.

Yours faithfully




Sign digitally

elsie52

Good morning Niddy.:)

Hope you enjoyed your break, but its going to be another gloriously hot and sunny day and you're at work, so I hope you get some time later to enjoy the sunshine. :beer:

never-in-doubt

I_Love_Crisps wrote: »

Really am worried now, hardly slept and in a panic...for Cap One to suddenly appear with a new version of my application form at this late time, it makes me wonder have they had this one all along?

Please have a look at my email from yesterday when you can Nid, im like a pacing lion without the power at the moment....

Jesus - calm down will you! How can I tell if it is an original or a copy? Is it your writing etc on there? Is it your signature on there?

I will get round to emails, but I have over 200 to go through so please give me an hour, i'm just catching up cos people have been waiting several days for me to reply - just bear with me and calm down!

Its Saturday, what is the panic? Nothing can be done until at least Monday.

I'll check emails in a few mins, just sit tight for half an hour and i'll be back.

never-in-doubt

catherine238 wrote: »

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

Hiya

send this, plus a copy of your last reply, to Cabot - Refusal by Lender/DCA - to accept Unenforceability