Unenforceability & Template Letters III

Geebee

BorassicLint wrote: »

Naughty Fred - back you go !

Go on, admit it BL.. you're lost arent ya?.. or is it just that Fred's leading you astray!? :rotfl:

GB

BorassicLint

Geebee wrote: »

Go on, admit it BL.. you're lost arent ya?.. or is it just that Fred's leading you astray!? :rotfl:

GB

:rotfl::rotfl::rotfl: He's leading me astray honest! I don't know where I am!

never-in-doubt

broccoli9 wrote: »

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

Hiya

Ive emailed you directly.....

never-in-doubt

scarednshakin wrote: »

Niddy, do I need to send out 2 letters, the home visit one and also DCA refusal letter or is that completely wrong?

hiya

yes, spot on - that's what to do......:D:D

never-in-doubt

midastouched wrote: »

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

Hiya - use the new template: Refusal by Lender/DCA - to accept Unenforceability

never-in-doubt

Wispa1 wrote: »

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

Hiya

Send this: Debtors Final Response - CCA Received

scarednshakin

Thanks Niddy, so chuffed I got it right :j:j Mrs SNS

never-in-doubt

swanfan02 wrote: »

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

Hiya - send the new template, just to cover yourself: Refusal by Lender/DCA - to accept Unenforceability

never-in-doubt

Graeme.Watt wrote: »

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:

Hiya

Just send the request back again with original postal orders stating your account details and the address used at the time, obviously this is the problem. You do not need to sign, if they come back at you about that later there is a template on page 1 that you can send, but dont sign it - don't fall for their tactics.....

never-in-doubt

debtman2007 wrote: »

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?

Send this and stop paying!!! CCA Reminder