Unenforceability & Template Letters III

never-in-doubt

captainhaggis wrote: »

NID, I've heard nothing from my creditors for a while, but I've just had a couple of letters in from Debt Clear Recoveries and Collections (or similar) about an MBNA debt I have. It's the MBNA debt that started as a Mastercard but was 'morphed' into an Amex without a new agreement being signed.

I've told them the debt is UE but they seem to have ignored me.

Matey - hiya...... got a sexy little easyjet cabin crew over here: http://forums.moneysavingexpert.com/showthread.html?t=2177609&page=201

(pyscho is a hottie, you'll see her on my FB friends lol) :rotfl:

Send this back: Debtors Final Response - CCA Received

never-in-doubt

thechippy wrote: »

Hey NID, how am you?........:beer:
Gr8 to see you are still helping people.

Anyway dude, take care........:D:beer:

Thanks mate - i'll make a little faq section on legal elements cos that is also relevant, although I always say it should never be advised for us to to take the lender to court - as you say, we should always be the defendant if we're likely to win!

Thanks though, good points raised.

thechippy

never-in-doubt wrote: »

Thanks mate - i'll make a little faq section on legal elements cos that is also relevant, although I always say it should never be advised for us to to take the lender to court - as you say, we should always be the defendant if we're likely to win!

Thanks though, good points raised.

No prob mate.
I might be able to find the time to chime in on this thread a bit more to give you a hand - if that's ok with you...;)

I'm not too bad on the legal bits....;)

never-in-doubt

thechippy wrote: »

No prob mate.
I might be able to find the time to chime in on this thread a bit more to give you a hand - if that's ok with you...;)

I'm not too bad on the legal bits....;)

Cheers mate - although do me a fave and PM cos if there is legal jargon all over the place people will read and think !!!!!! - that's why I think it;d be better to receive PM's and update the FAQ as and when? stops confusion cos some people read one post and think 'great, the law says this' when in essence it is never like that, as you'll no doubt know!

thechippy

Will do m8,

I just fail to understand why court documents / procedures are still carried out in silly legal jargon instead of plain English? I hate to say it, but when you get involved in these things, you suddenly realise why solicitors are paid so much!!

This is the reason why so many creditors win by default when proceedings are issued..........:mad:

If you can give me an idea of anything you want to know, I'll drop you a pm.

Working anywhere interesting?

never-in-doubt

thechippy wrote: »

Will do m8,

Thanks matey

thechippy wrote: »

I just fail to understand why court documents / procedures are still carried out in silly legal jargon instead of plain English? I hate to say it, but when you get involved in these things, you suddenly realise why solicitors are paid so much!!

I agree entirely, its a catch 22 most the time cos the judges know right from wrong and they must hate it having to let some things pass, just cos of a good lawyer abusing loopholes! If you ever watched a film called the Star Chamber - its what is needed sometimes, yea a little extreme but still!

thechippy wrote: »

This is the reason why so many creditors win by default when proceedings are issued..........:mad:

Yes, such as McGuffick v RBS and Carey v HSBC! The Carey case, knew they'd lose before a word was spoken, it was a joke from start to end!

thechippy wrote: »

If you can give me an idea of anything you want to know, I'll drop you a pm.

Cheers, anything you think will help - i'm half brain dead right now with it all cos been doing this thread for the last few days - so just chilling and chatting rubbish on the money saving arms lol - see link above I posted for Mr Haggis

thechippy wrote: »

Working anywhere interesting?

I wish mate - work is never interesting! Is it? :rotfl:

thechippy

Just sent something to the money savers arms for you........:D

never-in-doubt

thechippy wrote: »

Just sent something to the money savers arms for you........:D

Received - thanks. Is it you? I prefer this - well, if anyone thinks they can play like the legend Mark knopfler then fair play!

http://www.youtube.com/watch#!v=Yy3nW_dQgRo&feature=related

BigCraigJohn

Hi, great thread..
Just wondered if anyones had experience with online agreements?, waiting on a Cap one CCA from 2005. Cant remember if I had to sign anything but sure I applied online, apparently an online agreement would be enforceable but they have to prove I agreed to it. Anyone know exactly what I should expect? Day 12 and so far nothing recieved, guess i'm just intrigued as the vast majority are signed agreements.

Recieved a Lloyds one from 98 on which they admitted they cant find the original but enclosed a reconstituted copy, have sent letter 3.3 so will keep posting.

never-in-doubt

BigCraigJohn wrote: »

Hi, great thread..
Just wondered if anyones had experience with online agreements?, waiting on a Cap one CCA from 2005. Cant remember if I had to sign anything but sure I applied online, apparently an online agreement would be enforceable but they have to prove I agreed to it. Anyone know exactly what I should expect? Day 12 and so far nothing recieved, guess i'm just intrigued as the vast majority are signed agreements.

Recieved a Lloyds one from 98 on which they admitted they cant find the original but enclosed a reconstituted copy, have sent letter 3.3 so will keep posting.

Online ones are enforceable if they have the prescribed terms and a tick in the box. Excatly the same as everything else on here but instead of the signature box, it'll have a 'tick in the box'.