Unenforceability & Template Letters III

Michelle32

Michelle32 wrote: »

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

Hi niddy I have just noticed something else about my CCA which is for the gold mastercard I did not not receive the gold mastercard for a few years after having the classic visa card and it has my address down as the address which I used when applying for the classic visa when I received the gold card I did not live at the address they have on the CCA what should I do also no signatures on CCA only application form and no surname on CCA

Thanks
Michelle

5corpio

Hi Jen_r

Thanks,

Does a quick one, with regards that, Does that not give them more time to assist to finding more or even the old classic of Copy & Paste Signatures and other such nonsense? as they don't give time to me (us), to respond to their letters :eek:

i.e; Capquest cheekly used Telogram method on me, followed by 1st letter requesting payment then 3 days later sent a Solictor letter to me saying that they will be charging Fee for it. :mad:

not being flippint on that, thought why should i sit and wait lol, what happens if capquest still proceeds with demanding payment in the meanwhile when i waiting for response from Cap One?

thanks Jen_r

cejsmith

I've got a interest siuation on my wife MBNA card we cca them sometime ago they sent several holding letters, but then we heard nothing.

We are have arguments with them re interest rates and charges ( we would have stopped playing it but one of us need a clean credit record!!!), and we have sent it to FOS becuase we weren't getting anywhere apart from the interest rate going up each month!!!

We had a email from FOS saying that they have heard from MBNA and they have stated that they cannot find the agreement( MBNA haven't bothered to tell us though!!!).

Where does this leave us legally, we know if we stopped paying they couldn't enforce the debt , but what about the other terms interest rate, charges etc.

indebtmummy_2

Hi all , help appreciated if possible , am i able to request signed cca's from my creditors? i have 5 or 6 all catalogue's and one credit card all have been passed on to dca's .. i was under the impression i was unable to do this from the national debtline as some rules had changed to make it more difficult... any help appreciated with this , i am aware if i can i have to send a £1 postal order to each so could someone post a link up to the first letter i would send ... thanks all..

kdallsop

Re: Post 3521

Sent Apex the correct letter template re-request.

I can confirm that I have contacted our clients in relation to this matter, and they have again informed us that this request needs to be made direct to themselves at The Royal Bank of Scotlan. This is because they are the principle company with whom the agreement was reached and are classed as the data controller in this situation, whereas Apex are considered to be the data processor.

I get the feeling I am gonna be running round in circles here!!

in_to_deep

indebtmummy wrote: »

Hi all , help appreciated if possible , am i able to request signed cca's from my creditors? i have 5 or 6 all catalogue's and one credit card all have been passed on to dca's .. i was under the impression i was unable to do this from the national debtline as some rules had changed to make it more difficult... any help appreciated with this , i am aware if i can i have to send a £1 postal order to each so could someone post a link up to the first letter i would send ... thanks all..

go to the first page on this thread its all there:rotfl:

jen_br

5corpio wrote: »

Hi Jen_r

Thanks,

Does a quick one, with regards that, Does that not give them more time to assist to finding more or even the old classic of Copy & Paste Signatures and other such nonsense? as they don't give time to me (us), to respond to their letters :eek:

i.e; Capquest cheekly used Telogram method on me, followed by 1st letter requesting payment then 3 days later sent a Solictor letter to me saying that they will be charging Fee for it. :mad:

not being flippint on that, thought why should i sit and wait lol, what happens if capquest still proceeds with demanding payment in the meanwhile when i waiting for response from Cap One?

thanks Jen_r

Basically you have asked for something.. they have told you they are looking for it. Not much you can do.. .I mean Sure they COULD doctor up documents but then again its illegal and you have more evidence.

It takes time to look for these documents as well... Just sit tight and wait for it then you can look for unenforceability. IYSWIM?

They can demand payments all they want the worst thing will be a default notice but hten you knew that would happen anyway if you went down this route..


....And what fee the 1.00?
So sit back and wait. they have asked for 4 weeks. Niddy im sure will be along later but Im sure he will say the same or similar thing

jen_br

Michelle32 wrote: »

Hi niddy I have just noticed something else about my CCA which is for the gold mastercard I did not not receive the gold mastercard for a few years after having the classic visa card and it has my address down as the address which I used when applying for the classic visa when I received the gold card I did not live at the address they have on the CCA what should I do also no signatures on CCA only application form and no surname on CCA

Thanks
Michelle

Michelle, Dont know if you saw my last post but banks are allowed to change the card you get.... For example my bank was with VISA and then switched to mastercard... it can happen.

Are you saying that the address on the CCA you NEVER EVER owned a Criedt Card there? Or are you trying to say that you had a MAstercard at the address on the CCA but then you got a visa card (you moved in the meantime)?

Michelle32

jen_br wrote: »

Michelle, Dont know if you saw my last post but banks are allowed to change the card you get.... For example my bank was with VISA and then switched to mastercard... it can happen.

Are you saying that the address on the CCA you NEVER EVER owned a Criedt Card there? Or are you trying to say that you had a MAstercard at the address on the CCA but then you got a visa card (you moved in the meantime)?

Im am saying that I had a visa card at this address but I moved the address for the CCA for my gold card is my old address also what about no surname

5corpio

jen_br wrote: »

It takes time to look for these documents as well... Just sit tight and wait for it then you can look for unenforceability. IYSWIM?:)

They can demand payments all they want the worst thing will be a default notice but hten you knew that would happen anyway if you went down this route..

Thanks,

Whats IYSWIM?

Jen_Br