Unenforceability & Template Letters III

pollycolly

By the 'eck, Nid, you've been busy! Seriously, thank you so much for what you are doing for us all. :beer::beer::beer:

Locke

thepedestrian wrote: »

Good Morning NID

- short queston ( bet you havnt heard that before ! )

- received copys back from MBNA following CCA request and one page does have a scanned copy of the signiture box with my partners signiture / date very clear inside and also the representives signiture and date (2003 ) above - is this in your opinion a non runner , as they seem to have the goods ?

Many thanks in advance - we both love reading your work !

Is it like this?

http://forums.moneysavingexpert.com/showpost.php?p=17138635&postcount=25

Pugface_2

Hi Nid,

Hope you're well.

Just had a letter through from Optima Legal who are currently chasing for my abbey/mbna card.

I sent them the default of a cca request template template after I received their first letter, and now I've just received this letter through saying that they contacted their client and "can confirm the documents requested under the CCA have been enclosed".

Needless to say they've now given me 7 days to pay up or they're threatening legal proceedings. Wife saw the letter and she's having doubts about everything again.

They've included the same photocopy of the "pre-selected credit card application form" that was sent out before.

It was the one you looked at originally and thought it was enforceable, then after checking again said that it wasn't as they hadn't linked the terms and conditions.

Here's the link to the bit where you found out it was unenforceable:

http://forums.moneysavingexpert.com/showpost.php?p=30964901&postcount=807

Here's links to the copies of the agreement and the terms that were on the reverse:

http://i917.photobucket.com/albums/ad11/Pugface_MSE/abbeyagreement.jpg
http://i917.photobucket.com/albums/ad11/Pugface_MSE/abbeyagreement2.jpg

Any advice on what my next move is?

Thanks again for all your help with this,

Paul.

never-in-doubt

I_Love_Crisps wrote: »

Sent Nid, thanks.

Received and responded mate - it is still unenforceable, worry not - now get to the bloody pub will you lol :beer:

never-in-doubt

Pugface wrote: »

Hi Nid,

Hope you're well.

Just had a letter through from Optima Legal who are currently chasing for my abbey/mbna card.

I sent them the default of a cca request template template after I received their first letter, and now I've just received this letter through saying that they contacted their client and "can confirm the documents requested under the CCA have been enclosed".

Needless to say they've now given me 7 days to pay up or they're threatening legal proceedings. Wife saw the letter and she's having doubts about everything again.

They've included the same photocopy of the "pre-selected credit card application form" that was sent out before.

It was the one you looked at originally and thought it was enforceable, then after checking again said that it wasn't as they hadn't linked the terms and conditions.

Hiya

Send this back to the DCA (Optima): Refusal by Lender/DCA - to accept Unenforceability

I think MBNA are acting clever, but worry not - send this to MBNA and send a copy, attached to Optima, with their letter so Optima will have two letters and MBNA will only have this: Debtors Final Response - CCA Received

Worse case scenario, they try for a CCJ - then we get it wiped (set aside)..... tell the Mrs to chill - everything is ok as things stand. have they defaulted you by the way? have you received a copy of any DN?

I_Love_Crisps

never-in-doubt wrote: »

Received and responded mate - it is still unenforceable, worry not - now get to the bloody pub will you lol :beer:

:T Thanks so much m8, my weekend just got better!!! if only all us grateful folk on here could buy u a pint this afternoon...you might be a little drunk! :beer::beer::beer:

never-in-doubt

I_Love_Crisps wrote: »

:T Thanks so much m8, my weekend just got better!!! if only all us grateful folk on here could buy u a pint this afternoon...you might be a little drunk! :beer::beer::beer:

Cheers mate but steady what you wish for, remember i'm only 7 miles away from you lol - I could run to you before you get the beers in, drink it and get back to work within an [STRIKE]hour[/STRIKE] week!! :rotfl:

Pugface_2

Hi NID,

Thanks for that.

Apparently they defaulted me in January, but to be honest, I don't actually remember getting a copy of the default notice. I'm going to have a check through the paperwork I have to make sure.

The CCJ bit is still sounding scary!:eek:

I'll get the letters sorted out today and off in the post first thing on Monday.

Thanks again for all your help.

scarednshakin

never-in-doubt wrote: »

Hiya

Not on your nelly - lol. No tick/siggy = unenforceable every time (on personal loans).

Basically if they are not entering into correspondence with you fine, ignore them then.

Just see what develops, if anything.

No worries Mrs SNS - nice to chat to you for once instead of the [STRIKE]BOSS[/STRIKE] trouser wearing version :rotfl: :rotfl: :rotfl:

Hi Niddy tsk, tsk, you think he is the boss :rotfl::rotfl:he might think he is but I know better. I am sure Mrs Niddy will tell you the same as well.

Anyhoo at the moment I am :j there are 2 of these loan accounts, one in my name and one in dear hubbies and they are both exactly the same, you have made my day. Only difference is he never got a letter with his saying that they would not enter into any more discussions, should I send a letter out for this one as have not queried it at all, just received the agreement? A million thanks, have a great weekend
Mrs SNS

never-in-doubt

Pugface wrote: »

The CCJ bit is still sounding scary!:eek:.

Don't let it scare you, that is the whole idea of the letter - even if they do try and get one, so what? Without them following procedure for account termination, i.e. assuming you do not have a DN - then it'd be rather easy to get the CCJ set aside, but lets not worry about that right now......

If they do send court papers, then you have 2 options - bail and make arrangments to pay prior to them actually going to court or let them try it and defend it, with the help of us lot (moreso 10past6 - the diamond geezer that he is) :beer:

Seriously though, if you're worried then ask mojoparrot how she felt when she got served papers, and how she feels now after speaking to 10past6 and submitting a defence :eek: I'd like to think she feels more confident in her ability to defeat the lender, at least as a start.