Unenforceability & Template Letters III

never-in-doubt

wish_i_had_a_time_machine wrote: »

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

Egg have already lost one court case, to someone from CAG site team thus I keep saying please stick to the relevant thread as i'm staying out of the Egg argument, I only started that thread to help people learn how they can beat them - I don't have the time or inclination to get bogged down with court cases right now.....

If you link back to the Egg thread, page 1 - you'll see my link to CAG which is where the latest developments are. You would be better asking there for help being they will be able to get you sorted before the court case, what happens if Egg win? then straight away your current unenforceable agreement becomes enforceable - you need to post on the CAG forum direct for them to help - or sit out and wait for judgement in June, as you say

never-in-doubt

carol01 wrote: »

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

You really are confusing things here..... I am just shot in the head - I really do not know what you're trying to explain to me sorry.

Ok, before a default can be issued the lender sends a warning saying to pay in XXX days or they will default you, this could have been issued any time upto 28 days before the actual default date which you state is 26.01.10.

Can you do me a bullet point list of events to date so I can try and get my head round this, it seems i'll have to sort you a reply to send to the DCA and to Argos to end this for you, once and for all.

The more detail (dates etc) you give the easier i'll be able to sort you a response.

Final question, are you actually pursuing unenforceability on other accounts, or are we fighting a default that really doesn't matter (i..e are you going to get 10 more anyway)? Please clarify/confirm. Thanks.

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....

Hiya

Is it your handwriting and your signature? Do you still have the old copy that they sent you, can you load this and let me see it - just the agreement page (omitting the address) - I need to compare the two

Sooner you email the old agreement and reply to points i've asked - the sooner i'll put you out your misery

never-in-doubt

maz1964 wrote: »

Afternoon everyone,

i hope the sun is shining for all - i will wait for you to get back to me tomorrow no worries niddy re my rear of the halifax so that i can safely get that letter out for sure,

Hi Maz

Just send template as previously described, going on from your email lets call their bluff and see what they say/do - nothing to lose. Obviously it is hard to identify a forgery so best we don't go claiming that right now lol - if we ever have to demand CPR31.16 then you'd get to see the actual original, if one were to exist.

carol01

never-in-doubt wrote: »

You really are confusing things here..... I am just shot in the head - I really do not know what you're trying to explain to me sorry.

Ok, before a default can be issued the lender sends a warning saying to pay in XXX days or they will default you, this could have been issued any time upto 28 days before the actual default date which you state is 26.01.10.

Can you do me a bullet point list of events to date so I can try and get my head round this, it seems i'll have to sort you a reply to send to the DCA and to Argos to end this for you, once and for all.

The more detail (dates etc) you give the easier i'll be able to sort you a response.

Final question, are you actually pursuing unenforceability on other accounts, or are we fighting a default that really doesn't matter (i..e are you going to get 10 more anyway)? Please clarify/confirm. Thanks.

sorry i have shot you :eek: i dont want the default taken off it can stay as i will prob end up with more so it no bother only took this option as when i asked on orginal post you said as i had never missed more than two payments they were being gung ho with their defaults anyways shake your head and let it go
thanks anyway

never-in-doubt

mojoparrot wrote: »

Hi NID number 4:j

This is an Argos card that was passed to Moorcroft....
Sent CCA request... no response
CCA reminder ...Moorcroft wrote putting account on hold until they were able to obtain a CCA.
No response after 30 days sent CCA dispute letter
Received letter from Moorcroft with CCA attatched (nothing else).
I have cheekily scanned the agreement and emailed to you would you have a look and see what you think?:o
Thankyou very much again:o
Mojo:D

Argos = Unenforceable, send this: CCA Query

All they sent was a copy of an application - no prescribed terms or linkage to any either!

never-in-doubt

mojoparrot wrote: »

Only me NID:o
I have received an agreement from M & S for a personal reserve CC.
Enclosed is the agreement/application
A photocopy of original terms
A photocopy of terms since 2008.

I have emailed the CCA let me please would you check this for me?

thanks once again:o:o:o
Mojo:D

M&S = Unenforceable, send this: CCA Query

All they sent was a copy of an application - no prescribed terms or linkage to any either!

never-in-doubt

carol01 wrote: »

sorry i have shot you :eek: i dont want the default taken off it can stay as i will prob end up with more so it no bother only took this option as when i asked on orginal post you said as i had never missed more than two payments they were being gung ho with their defaults anyways shake your head and let it go
thanks anyway

LOL, that's why I thought it best to check cos if you're going to get others, then this doesn't matter but yea it is their gung ho attitude, I assume you've stopped paying now anyway right? If not, then it is now time to stop paying :rotfl: :rotfl:

maz1964

never-in-doubt wrote: »

Hi Maz

Just send template as previously described, going on from your email lets call their bluff and see what they say/do - nothing to lose. Obviously it is hard to identify a forgery so best we don't go claiming that right now lol - if we ever have to demand CPR31.16 then you'd get to see the actual original, if one were to exist.

Good Morning Niddy and all

Yes my thoughts exactly, already sent letter and yes of course we have CPR31.16 as a positive last resort :T

cheers have a fun day laters MAZ

carol01

never-in-doubt wrote: »

LOL, that's why I thought it best to check cos if you're going to get others, then this doesn't matter but yea it is their gung ho attitude, I assume you've stopped paying now anyway right? If not, then it is now time to stop paying :rotfl: :rotfl:

i stopped paying them as they told me they were not going to collect on the account sooooo my next question is........
can i cca them?:D
yes n-i-d your not getting off lightly!!!
can i send a request a cca?
or by challenging the default has this addmitted to them that i acknowledge the debt?
thanks carol head basher 01