Unenforceability & Template Letters III

Planty79

Hi NID

Thanks for help so far

just checking what I'm doing is correct

CCA requests sent to Fairfax on 5th May, get another letter not mentioning them on 10th May, called them and they denied ever receiving my letter (signed for on 7th May according to Royal Mail Tracking)

faxed over proof of postage and they magically found my letter and statutory payment

not received any reply as yet

so sending the CCA reminder letter today by recorded delivery

Does that all sound about right?

elsie52

Back to page one for you

Rayce

In response to post 3541

never-in-doubt wrote: »

Ok, so you gave your authority to the DMP to act on your behalf right? Ergo, it is as good as your signed authorisation direct with the bank - but still, you must have had to give your say-so somewhere. A 3rd party provider cannot obtain a loan for a client - sorry, no can do!

I think if you've agreed to merge the debt into one payment, then your CCA obligations will be gone - point is, you did somehow agree - you simply had to of. If not then you could just report the DMP for fraud, right?

No - because I think they may have merged your CC debt into the OD debt meaning that you must repay it as OD's are actually exempt from CCA1974, ergo they have conned you in the nicest possible way. However are you 100% certain that you have not been set-up with a managed loan, which is usual for HSBC.

Hi NID,

OK, I've looked at this further and I've definitely never had these debts merged into a managed loan. I paid one monthly payment to the DMC who then forwarded it to Metropolitan Collections, where it was applied to three separate accounts: A Loan, A Credit Card and An Overdraft.


During this period it appears that for some arbitrary reason the Loan and Overdraft were merged/consolidated by agreement between the DMC and DCA. This was something I was never made aware of or agreed to. I certainly never signed anything or created a new loan. I can mail you scans of what I do have - which is just a statement showing the two monthly payments consolidated into one from January 2007 onwards - but this is all I ever received by way of notice, nearly 2 years after it was done. (have sent you a scan by PM)


I'm frankly astounded and not sure how it happened or indeed the legality of it. The merge occured when the accounts were held by Metropolitan collections and the consolidated Loan and Overdraft account has subsequently been sold to Robinson Way as a single debt (while still being managed by Debtcare). As a result, when CCA request was sent to Robinson Way they are treating it as enforcable due to the overdraft element.


Sorry if this a bit convoluted but I can't believe they've sneaked this in through the back door. Are these two accounts now legally consolidated? I really don't know where to go to find out this information.

I've drafted a letter to send to Robinson Way in regard to this. I'd be indebted (even more than I already am!:D) if you could cast your eye over it and advise as best you can (sent via PM). I'm really not up on what they can and can't do but just merging accounts like this seems wrong. :mad:

Do you think that now is the time to speak to the FOS?

scarednshakin

Good morning Niddy n gang, hope you are all well today.

Niddy I answered your email, thanks for checking it out so quickly. Something else was bothering me about this one last night so I checked it out today and I will email.

Have a great day everyone

BeenieCat

Ooh my postman has been busy. Got a recorded letter from Capquest, saying they didn't know the account was in dispute when it was sold to them and they have also requested copies of the agreement from Cap One. ... Not sure what that's all about.

Got a reply from Barclaycard re. telephone harrassment, saying they don't agree it was harrassment but later int he letter says "i can confirm we have now deleted all telephone numbers we hold for you".

And Shop Direct, sent me a letter saying they can't locate the agreement (have already told me this though?!) I'll sit and read them properly shortly to make sure i haven't missed anything..

Bit of a pointless update from me but it keeps me right

5corpio

Hi NID

Hope you is well

I received a letter this morning from Cap One (whom i sent the letter to Debt Recoveries & Investigations ltd as they have been dealing with it), thanking me, in writing to them about the account. (Letter stage 1 sent on the 20th May)

* Cheque has not been cashed (as yet)

Cap One Letter quoted:

'Its going to take us a little while to look into your situation and come back with an answer to you with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter.

If for some reason our investigations take longer than four weeks, we'll contact you to tell you why this is

Thank you for being patient while we collect the information we need

Head of Executive Repsonse Centre'


Q: DO I follow on with the 2nd stage letter, with regards to my 1st letter that i sent to them on the 20th May, giving the stated 12+2 days to respond? only for them to send the above quote

kind regards

5corpio

Beg my pardon NID

the cheque has been cashed, its Capquest NOT Debt Recoveries & Investigations as i refer to......

Sorry

Michelle32

Hi Niddy I need your help I owe RBS £10,000 sent CCA got it back today in 2000 I applied for classic visa credit card which they upgraded to mastercard gold credit card CCA is for mastercard gold should it not be for classic visa card they sent me an application form from 2000 with my signature applying for classic visa credit card also CCA only has my first and middle name on it NO surname does this mean it is unenforceable.

Thanks
Michelle

jen_br

5corpio-- You sit and wait they acknowledged and they will get back with you they do have time with complaints I personally would wait until the 4 weeks have passed but Nid may disagree!

Michelle Banks have the right to change cards on you! My bank did the same they used to have a visa contract but now its a MC... they would have sent out new T&C for this.

Locke

BeenieCat wrote: »

Got a reply from Barclaycard re. telephone harrassment, saying they don't agree it was harrassment but later int he letter says "i can confirm we have now deleted all telephone numbers we hold for you".

How many calls were you getting and did you use the templates off here?