Unenforceability & Template Letters III

Mateusrojo

Morning NID

Update on one of my cards:

Barclaycard 2

FYI

23/2/10 CCA request sent
3/3/10 Two letters - statement of account - stating agreement to be sent under separate cover
- copy of terms and conditions
19.3.10 I sent template 3.2 - CCA dispute terms and conditions supplied
24/3/10 - they sent letter saying they had complied
7/4/10 - I sent final response
13/4/10 - they sent letter saying they had complied

28/4/10 - letter from mercers
12/5/10 - letter from capquest (threat of doorstep collection agency and possible litigation)

Both ignored

27/05/10 - have now received from Capquest a "Letter before Action"
I have scanned this:
http://s800.photobucket.com/albums/yy290/mateusrojo/Capquest/

What action do I now need to take?

scarednshakin

never-in-doubt wrote: »

Hiya

Send this: Refusal by Lender/DCA - to accept Unenforceability

Thank you Lord Niddy

never-in-doubt

Mateusrojo wrote: »

Morning NID

Update on one of my cards:

Barclaycard 2

27/05/10 - have now received from Capquest a "Letter before Action"
I have scanned this:
http://s800.photobucket.com/albums/yy290/mateusrojo/Capquest/

What action do I now need to take?

Hiya

Do not worry! You need to send this: Threat-o-Gram - Letter before Action

Its one of the new templates, as you can see it is almost worded the same as theirs, as it was done for a capquest/barclays account originally - same old same old with those muppets!

As the date is almost upon us, i'd fax it to them if you can - if not then get to the PO today and send is SD (yea dearer but will get there tomorrow, i.e. 2nd June).

Regardless, they are in default and the account is unenforceable and they cannot obtain any judgement. If they do or they try, then you defend it citing these are reasons for it to be thrown out of court. Which the judge will do anyway.

Best of luck, don't be worrying though.

Mateusrojo

never-in-doubt wrote: »

Hiya

Do not worry! You need to send this: Threat-o-Gram - Letter before Action

Its one of the new templates, as you can see it is almost worded the same as theirs, as it was done for a capquest/barclays account originally - same old same old with those muppets!

As the date is almost upon us, i'd fax it to them if you can - if not then get to the PO today and send is SD (yea dearer but will get there tomorrow, i.e. 2nd June).

Regardless, they are in default and the account is unenforceable and they cannot obtain any judgement. If they do or they try, then you defend it citing these are reasons for it to be thrown out of court. Which the judge will do anyway.

Best of luck, don't be worrying though.

Thank you - letter prepared and will be sent today.

Also with regard to Barclaycard 1:

Sent CCA request and also reminder letter but have never received anything from them with regard to this account - however have this account at a different address to Barclaycard 2 (mail is forwarded) Have been receiving letters from Mercers re Barclaycard 1 which I have been ignoring - but in latest one they state that it is "further to my request to have no contact with Barclaycard via telephone or letter" - a request which I did not make! Should i send them the template for account sold whilst in dispute or just leave well alone?

I am raising this because the letter from Capquest is about Barclaycard 2 (debt amount and card number show this) but they have sent it to my Barclaycard 1 address!

I have been careful not to mix up addresses when responding so do you think they presume (stupidly) that there is one account which is why i am only receiving one lot of replies?

Hope this makes sense!

discojam

Hiya Niddy,

I've redone my CAA and mailed it to you as a JPEG so hopefully that comes through okay!

Thanks

Discojam

never-in-doubt

discojam wrote: »

Hiya Niddy,

I've redone my CAA and mailed it to you as a JPEG so hopefully that comes through okay!

Thanks

Discojam

Hiya

Unfortunately not great news - see your emails

jinny

nid have sent you a pm

never-in-doubt

Moobags wrote: »

Good morning NID

Could you please have a look at my Morgan Stanley / Barclaycard CCA I have emailed you

The 2 pages came with the standard BC covering letter
Section 4 of the CCA was blocked out by BC not by me so I'm not sure what it says

Many thanks :beer:

Hiya

Unenforceable - send this: CCA Query

discojam

never-in-doubt wrote: »

Hiya

Unfortunately not great news - see your emails

Thanks for having a look Niddy!

This is a link to the letter that came with it that I posted last week

https://forums.moneysavingexpert.com/discussion/comment/33237535#Comment_33237535

The main thing I'm most concerned about is not getting a CCJ put on my account as the default dropped off my credit file at the end of April so is no longer showing on there and my other defaults are due to drop off Oct 2011 latest so what would you say is my next best move?
Shall I contact them and offer the monthly repayments I can afford?
What do you think the chances are of them applying for a CCJ?

As all my defaults will have dropped off by Oct 2011 and I would like to be able to save up and get a mortgage in the next 5 years I would really like to do all I can to make sure a CCJ isnt put on..

Thanks again for your help!

discojam

oh there was something else I was going to ask, is it worth applying to have the PPI refunded on the loan? If so could somebody point me in the direction of how to do that please (another flow chart maybe? :j ) thanks!