Unenforceability & Template Letters III

broccoli9

Hi Nid,

Just wondered if you have had chance to look at my HBOS CCA received via Rob Way yesterday? I sent email over yesterday.

Broccoli9

Fitzer2000

Hello NID and everyone else, Just wanted to say hello and let you know after almost 8 days reading your thread and your astounding Template Letters I now feel confident enough to send off 5 CCA's - MBNA x 2 (CC), Cap 1 (CC) Direct Line (Loan) and BoS (Loan). Thank you for the inspiration.

scarednshakin

Hi Niddy n gang

Came home to heap of post today, luckily can just file most of it but got one from Apex.

This is a Barclaycard cc which is unenforceable and BC have had the final response letter. After that Apex started and I have had a couple of letters from them, I sent them a copy of the Final Response that I had sent to BC.

Today's letter says that I have failed to make contact (since the letter was sent recorded to them that's wrong) and then goes onto say that I am now at risk of a doorstep visit with HOME VISIT APPOINTMENT in bold at the top of the letter.

Niddy, do I need to send out 2 letters, the home visit one and also DCA refusal letter or is that completely wrong? Thank you so much, hate getting home visit letters, oh and letter also says that I can phone them to arrange a 'more suitable time' for a home visit.

Thanks again, you are a real star Mrs SNS

midastouched_2

Hi Niddy & EE :beer:,

Just got a letter from MHA Collections regarding my unenforceable credit card debt with LTSB demanding payment of £x,xxx or SCM may commence legal proceddings against me.

They're also urging me to give it my immediate attention etc...

Do I need to respond to this or are they part of the LTSB collections debt?

Thousand thanks as always,

:T

Wispa1

Hi NID & the rest of the gang, I hope you are all well. Please can I have a bit of help.

I CCA'd M&S in January & they forwarded a CCA which consists of my application form from 1997 & the corresponding T&C on a seperate page. The agreement as far as I believe is unenforceable as the prescribed terms are not all there on the signed page and are not linked to the t&c page, and it is not signed on behalf of the company. Therefore I replied with the CCA Query letter in March.

They have now responded with the following & I am not sure which letter to respond with:

"Our agreement is compliant with the Consumer Credit Act 1974. The agreement is a single document in more than one piece. However, even if this were not so, section 61 (1)(b) of the act requires that a signed document embody all the terms of the agreement other than implied terms.

Section 198(4) of the Act provides that a document embodies terms if they are set out in that document or are in another document referred to in it. Either way the agreement you signed coformed to the requirements of the Act. M&S believes your agreement is legally enforceable and as such refute your allegations".

They then recommend I seek immediate independant advice regarding the validity of my complaint - so here I am begging for some help please once again!!!

They also sent a second letter giving me 48 hours to call them otherwise further legal action will commence....:rotfl::rotfl:

With many thanks in advance once again

swanfan02

never-in-doubt wrote: »

Send this recorded - ASAP! 13.3 - Threat of Doorstep-Visit

Hi Niddy, Collect Direct are back & have sent me a nice big red letter today claiming they may obtain a CCJ or AoE if i don't pay in full in 7 days. Think i have more chance of getting a date with Cheryl Cole than they do of getting those!!:rotfl::rotfl: Any ideas?:D

Graeme.Watt

Hi Niddy

Many thanks for the response, ive today received a letter sent through Credit Solutions from Barclays stating:

Loan/Sort Code Missing/Invalid (i included the credit solutions reference number and client reference number)

Loan Account Number Missing/Invalid (again i included the credit solutions reference number and client reference number)

Customers signed consent is missing (i signed digitally)

Unable to locate and customer account with the information supplied (even though i supplied reference numbers etc)

Account details provided to not relate to any loan account (again surely this comes from the reference numbers)

One factor i forgot where i think i may have messed up is that on the letter i sent i have my current address, when the loan and card were taken out they were at a different address and i did not include this on the request for information.

Have i made a total mess of this or what

I guess i need to submit the request again with more postal orders and some extra information (minus the signature) im not even sure if i will still have copies of the sort codes and account numbers that they are requesting. I might be stuck with this one.

Any advice (other than im an idiot :eek:)

Cheers

Graeme :beer:

debtman2007

Ok, so i sent a CCA request to 1st Credit back in September 2007. Nothing ever came back yet im still paying them through the CCCS. They reguarly send me promottions to pay half and they pay half, i cant afford to do this. In fact i want to stop paying them all together now.

What is the best way for me to resume this CCA request?

Fitzer2000

Thanks to NID, Mouseanne and everyone on this board I have spent the day sorting out CCA's for my creditors. Feeling quite nervous and full of apprehension but with the support of you guys and what I have learned in the past week, I'm hoping to start eating fresh food soon! ( tired of loitering around the Tesco's "specials" shelf late at night. Thanks again.

BorassicLint

Naughty Fred - back you go !