Unenforceability & Template Letters III

BigCraigJohn

How strange, 4 weeks after being told default had been put on my record, Capquest are now writing to tell me that if I dont contact them by the 2/6/10 they may mark my credit record meaning I will have trouble getting credit in the future, may have trouble getting mobile contracts(got 1 cheers), and wont get a mortgage or other credit.
Now tell me something I dont know.

No mention of legal action yet though.

discojam

never-in-doubt wrote: »

Hiya

Yea scan and email it to me please (do you have my email? if not then PM me and i'll supply it). Then we'll see if it is yours or a cheap reconstituted version... does it look real to you, i.e. your signature, your handwriting etc etc?

hiya niddy, thanks for your reply - I couldnt get the bloomin scanner to work at work so am going to try again tomorrow with a bit of help!

Yep looks like my handwriting, signature etc and went through the flow chart and everything seems to be on it that should be so not looking good but will get it over tomorrow, do I need to blank stuff out when I message it to you? Will have to experiment with paint if I do eek!

Little_Miss_Knuckles

never-in-doubt wrote: »

Hiya

Ok send this, which tells them nothing has been received:can post links

Hi NiD

even tho i did receive a copy of the CCA just without the signature, sorry i just want to double check as its been going on for a while and you wont remember the earlier posts.

its just the last paragraph that has got me worried that they don't need a signature under section 77(1) i know we sent a letter (sorry still cant post links) explaning that but they still sold it on?

forums.moneysavingexpert.com/showpost.html?p=31029655&postcount=886

Again a sorry but its really is appreciated all the help you have given me


Regards

Little miss

never-in-doubt

discojam wrote: »

hiya niddy, thanks for your reply - I couldnt get the bloomin scanner to work at work so am going to try again tomorrow with a bit of help!

Yep looks like my handwriting, signature etc and went through the flow chart and everything seems to be on it that should be so not looking good but will get it over tomorrow, do I need to blank stuff out when I message it to you? Will have to experiment with paint if I do eek!

Hiya

If you email it then no need to blank stuff, im trusting enough as others on here will tell you, trust me the amount of these I see daily it'd be impossible to use the details, I struggle to remember much on them! But that is entirely up to you of course, whatever you feel most confortable with.

If you need my email then PM me.

never-in-doubt

Little_Miss_Knuckles wrote: »

Again a sorry but its really is appreciated all the help you have given me


Regards

Little miss

Hiya

Right that helps so you already sent this to them right? i.e Barclays: http://forums.moneysavingexpert.com/showpost.php?p=31029655&postcount=886

Ok, then most recently you sent this to the DCA right? #2807

Ok, well send this to the DCA: Refusal by Lender/DCA - to accept Unenforceability

never-in-doubt

BigCraigJohn wrote: »

How strange, 4 weeks after being told default had been put on my record, Capquest are now writing to tell me that if I dont contact them by the 2/6/10 they may mark my credit record meaning I will have trouble getting credit in the future, may have trouble getting mobile contracts(got 1 cheers), and wont get a mortgage or other credit.
Now tell me something I dont know.

No mention of legal action yet though.

LOL that's about right, funny eh? :rotfl: :rotfl:

Just sit tight.

never-in-doubt

BrightonSun wrote: »

Whoops I have awful spelling!! It's Enforceable...As it was just a couple of months before the new legislation came in!:mad::p

Originally Posted by BrightonSun 1st Credit: CCA is unforceable (You checked it out ) and I wanted to know if before I make a repayment offer I request SAR (Hope this is right) To see if I can get the charges off too bring down the balance....

Hiya

Yes you should be SARing them, (advanced) to see what charges etc have been levied - send this version to the Original Creditor: SAR Request - Advanced Version

never-in-doubt

nanna58 wrote: »

CCA request yes 1.00 yes.

terms and conditions supplied

Why i was confused is under the heading of b card t/cs
it says c c agreement regulated bt the cca act 1974

Sorry if i caused you a prob:o:o

Hiya

Ok so follow the advice here:

Originally Posted by never-in-doubt
Assuming i've read this right, you have sent the CCA Request with the £1 and they responded with terms, no CCA right? In which case you respond with this: CCA Query - Terms & Conditions Supplied

carol01

never-in-doubt wrote: »

Hiya

Regardless of admittal, it doesn't mean you cannot CCA them - so yea, get CCA Request sent off asap and lets see how good they are at keeping paper records shall we? Being they are so quick to default you (unlawfully I hasten to add!)

Unlike Statute Barred, you could use the card today and CCA them tomorrow, you don't dispute you own the account, what you dispute is that the lender issued a compliant agreement and that is what you want to see - the fact you used the account is irrelevant - see my template that I typed up for someone earlier for more on this - i.e. here: #3072

They asked 5 questions, like "do you deny this and do you deny that" - who gives a hoot, it is irrelevant! lol

hiya n-i-d and everyone
had reply back from moorcroft they have sent me a 1.00 cheque back as argos don't have my agreement :T i have looked at the flow chart but cannot find a letter to send when they say they don't have a copy of the cca what letter would i send next?.
also a letter came through from moorcroft saying notice of possible litigation are they planning on taking me to court?
thanks for your help in advance

discojam

never-in-doubt wrote: »

Hiya

If you email it then no need to blank stuff, im trusting enough as others on here will tell you, trust me the amount of these I see daily it'd be impossible to use the details, I struggle to remember much on them! But that is entirely up to you of course, whatever you feel most confortable with.

If you need my email then PM me.

Hiya Niddy, I managed to scan them! woo! I've PM'd you for your email address..

This is the letter that came with the CCA:

Dear Discojam,

We enclose copy of your original credit agreement with HBOS PLC in response to your written request to us under Section 78 (1) of the Consumer Credit Act 1974.

We would also confirm the following information as required by the above Act:-

Balance payable against your account: £5840.53
Current state of your account: Defaulted

We look forward to your proposals for repayment within the next twenty one days.

Payment can be taken over the telephone by debit or credit card.

This is from Lowell Financial