Unenforceability & Template Letters III

maz1964

never-in-doubt wrote: »

Hi Maz,

No need to scan or email it - its all on page 1 now - Barclays are in my hall of fame with their own template - see here:

hiya niddy and gang

fab i love that letter will be wizzing that out today of course recorded delivery, will do it 2nd class since i know without the proper cca they would be fools now to start any court action unless they can provide the original to the court am i right in this?

cheers catch up later maz

hayley5_2

never-in-doubt wrote: »

Yes the same rules apply and yes it will affect your DMP because the DMP company cannot set preference to creditors and the fact you'll have to stop paying certain ones will mean a preference to another so you'll need to read a lot more of this thread to learn the pro's and con's before jumping in.

Suffice to say, sod the DMP - there are loads of DMP firms out there, when the creditors fail to respond (which they will, trust me) you'll then stop paying and you may as well then dump the DMP totally. If and when everything is sorted whatever debts are left, you add to a new DMP with a new company.

Wow that's brilliant, thanks so much for your reply. I'm not sure if i'd stop paying, (it's more the peace of mind that i'm looking for at the moment) but good to know the rules are nationwide. Will get reading!

jen_br

Good morning everyone well I got a letter from lloyds today about my card as niddy wrote me a personal letter etc with regards to the application they sent me today I feel physically sick I got a letter back personalised telling me how executed copies are fine I'm being misinformed umm going on about I provided no proof of things being forged etc etc 2 pages plus some outlines and bolded statements of second 78

No clue if they have a point but the letter (first letter from lloyds re my cc) that I cried reading maybe its from lack of sleep lol but I do feel sick

Now please don't let this scare people just needed to vent

.... Off to go wallow in my own self pity lol

Locke

Morning NID.

I've received a final response after sending the Refusal by Lender/DCA - to accept Unenforceability letter, do I just leave it at that?

I also received the standard letter from Barclaycard about only having to send out terms and conditions rather than a signed copy, what do I send back to that?

maz1964

jen_br wrote: »

Good morning everyone well I got a letter from lloyds today about my card as niddy wrote me a personal letter etc with regards to the application they sent me today I feel physically sick I got a letter back personalised telling me how executed copies are fine I'm being misinformed umm going on about I provided no proof of things being forged etc etc 2 pages plus some outlines and bolded statements of second 78

No clue if they have a point but the letter (first letter from lloyds re my cc) that I cried reading maybe its from lack of sleep lol but I do feel sick

Now please don't let this scare people just needed to vent

.... Off to go wallow in my own self pity lol

hiya jen

pls pls dont worry yet, let niddy and 10past6 have another look for you, you - know its not easy but pls dont call them at any costs -

understand thats why we are all here to support each other and to vent, a couple of years ago i would too have been feeling exactly as you are now but now im hardened and yes it takes time to get this way but learning and knowledge really is power

keep your spirits up until niddy can respond, have a sunny day hugs maz:)

fedupwiththeworry

Re : 3194

First response received back.
From the BOS thanking me for the letter and stating they are awaiting the documentation to fulfil my request. Then warning me about the dangers of using claims management companies quoting Bridgit Prentice :rotfl:

kdallsop

Hi,

Sent Apex a CCA request couple of days ago, using a template from here:

[FONT=Verdana, sans-serif]Apex House[/FONT]
[FONT=Verdana, sans-serif]27 Arden Street[/FONT]
[FONT=Verdana, sans-serif]Stratford Upon Avon[/FONT]
[FONT=Verdana, sans-serif]Warwickshire[/FONT]
[FONT=Verdana, sans-serif]CV37 6NW[/FONT]


[FONT=Verdana, sans-serif]Dear Sirs[/FONT]

[FONT=Verdana, sans-serif]
Account No: XXXXXXXX

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Attached is payment in the sum of £1.00, which is the statutory fee - note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted.

Yours faithfully
[/FONT]

---

Had a reply today:

Dear Mr XXXX

I write in connection to aforementioned account and your request for a copy of the agreement.

I can confirm that this request needs to be made direct to the Royal Bank of Scotland as they are the principle company with whom the agreement was reached. Your request will need to be made in writing to the address below along with the applicable fee of £1.00 made payable to the "Royal Bank of Scotland"

Ms XXX XXX
The Complex Correspondence Team
RBS Group
Kendal Court
Ironmasters Way
Telford
TF3 4DT

Details in line with your request will follow directly from the Royal Bank of Scotland.

Yours Sincerely

Mr XXX XXX
Administration Supervisor
Apex Credit Management.

---

Do I need to make the request direct to them?? I was under the impression that as they are the ones chasing me for the debt, they had to provide it.

Thanks in advance!!

monlou

Morning NID

Just an to give u an update
with regards to the MBNA Account we sent the harassment by telephone letter and they replied to stating that they will stop calls etc.. and can we offer some phone of payment i think they want an income and expenditure breakdown they have not acknowledged the CCA requests. The last letter we sent was the CCA query and have not heard anything since. We also sent the same letter to the halifax and haven't heard nothing. do we send the debtors final response letter and leave it at that?

Thanks
Monlou

never-in-doubt wrote: »

Morning,

Barclays (mums account) - Unenforceable :T - send this: CCA Query - Terms & Conditions Supplied

Halifax - Unenforceable :T - send this: CCA Query

MBNA - Enforceable (you done this in Dec 2007 and signed digitally, with the "Tick in a Box" - see note below, from my FAQ, regards to this:



Regards to the MBNA account, you could try and blag it and see what happens? This is up to you, if they push too hard then we can always back down at a later date but could be worth a punt at blagging it and assuming it is unenforceable - kinda like calling their bluff?

If you want to blag it send this: CCA Query Update me with whatever they respond with. If you don't, then agree to a repayment plan

never-in-doubt

niddy pished as a fartey heheh - back tomorro guys

jen_br

Thanks Maz... You rock xoxoxoxoxoxxoxo