Unenforceability & Template Letters III

Fitzer2000

This forum is the Shangri-La for debt advice and NID is the the "Wise One" at the top of the hill. The queues for his advice will get longer and longer. I'm not educated enough to express in words the gratitude I have towards the man. Now down to business, can anyone please advise. I have been in a DMP with Payplan for the past 20 months. A part of their service involved sending a "Hold" letter to each of my creditors, which unfortunately I signed. NID's advice is to never send your signature, for obvious reason. Half of my remaining debt ( 42.5k) is across three pre 2006 Credit Cards, Capital One & MBMA x 2. Is it worthwhile pursuing CCA's if it's likely they have your signature on file. Thanks for any help you guys can provide.

broccoli9

Hi NID,

Have emailed you a copy of a CCA I have received from Robinson Way for my HBOS CC this morning.

I only received this piece of paper which was double sided with a covering letter from Rob way saying - Pay up!!

Think its probably enforceable but I live in hope!:D

Very many thanks Niddy,

Broccoli9

BigCraigJohn

fedupwiththeworry wrote: »

Have sent out 12 CCA requests yesterday 1st class recorded.

Lol, someones going to be busy in about 13 days time :eek::D

Good luck.

Slickfm

Hi Nid, Hope you are well:) Just a quick update on things. Today i received a letter from Crap One in response to my CCA reminder, it says that we aim to respond to you within 4 weeks (we'll see eh!)

PS With regards to my 'enforceable' Egg loan, as mentioned in earlier posts i hit them with a PPI reclaim for which they duly obliged and refunded my premiums plus interest to my loan account:j

Catch up soon;)

swanfan02

elsie52 wrote: »

Good morning Niddy, and everyone else.

Well Lloyds must have certainly been busy over the last couple of days. I have received a letter from them today re CCA request. This is basically what it says

" I have enclosed with this letter a copy of the reconstituted version of your executed agreement, a copy of your current terms and conditions and a signed statement of your account. By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. There is no requirement under the CCA to provide you with a copy of the original signed agreement. We are endeavouring to locate the copy of your signed agreement but please be assured we would not have opened a credit card account without having sight of a signed agreement. For the avoidance of any doubt, we have set out in the appendix to this letter your rights under section 78.

Having satisfied our obligation under section 78, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the provision of copy agreements.

It then sets out Statement of Account.
Balance xxx
Credit limit xxx
current monthy interst rates xxxx
Amounts payable per month xxx

The appendix is

In order to comply with section 78, we enclose..

a. a copy of your executed agreement

b. a copy of your current terms and conditions

c a signed statement of your account.




Do we now send them Template 3.2. CCA Dispute - Terms and Conditions. or 3.3 Copy Document.?

Thanks for taking the time to read Niddy, much appreciated.

Hi Elsie, the letter you have received is basically saying they don't have/can't find the CCA. I had the exact same letter. Niddy said to send the final response letter to them.

Locke

Fitzer2000 wrote: »

This forum is the Shangri-La for debt advice and NID is the the "Wise One" at the top of the hill. The queues for his advice will get longer and longer. I'm not educated enough to express in words the gratitude I have towards the man. Now down to business, can anyone please advise. I have been in a DMP with Payplan for the past 20 months. A part of their service involved sending a "Hold" letter to each of my creditors, which unfortunately I signed. NID's advice is to never send your signature, for obvious reason. Half of my remaining debt ( 42.5k) is across three pre 2006 Credit Cards, Capital One & MBMA x 2. Is it worthwhile pursuing CCA's if it's likely they have your signature on file. Thanks for any help you guys can provide.

Absolutely, don't worry too much about that.

Capital One sent me back a document with my signature on it from when I opened the account but if all of terms are not on there then it's unenforceable.

elsie52

Hi swanfan

I do hope you are right, this one is about £12k........ Fingers crossed.

swanfan02

Hopefully Niddy will confirm later.:D:D

triphop

Hey all

just checking in again, overtime has ended so a little more time on me hands... about to set up some kind of arrangement with crappy one/robway after the last letter... heh, hope they accept what I can offer a month I dont think they will but what can they do?!

still waiting on a couple more CCA's to come through, 'tightly crosses fingers'

anyhoo got some catching up to do with other threads, time to pour a glass of wine

trippy

never-in-doubt

Graeme.Watt wrote: »

In this case does the 12+2 days still apply before i send the next letter? and do Barclays still have to reply within the timescale from the date on the letter i first sent?.

You let them take as long as they want - as soon as 12+2 days expire you cease repayments (if not already) and let them enter default which means they cannot enforce the debt.

Graeme.Watt wrote: »

If i hear nothing more from either do i send them the reminder and cease payment?

Cease payments after 12+2 days have expired. Regards to contact, you ignore them if they have not responded - obviously you need it has been signed for and if so, plus the cheque has been cashed then you know they have it. Basdically just post here as and when you hear anything and we'll advise as appropriate for you

Graeme.Watt wrote: »

Not sure if i can do anything about the lack of statements from these people?

why do you want a statement?

Graeme.Watt wrote: »

Has anyone else has experience of this from Credit Solutions and if so what happened?

Seen it thousands of times, they are simply requesting the file from the original creditor - perfectly normal. sit tight and see what comes back.

Graeme.Watt wrote: »

sorry if this has already been answered elsewhere.

At least once on each page, failing that pages 1 & 2 would explain all this to you.....