Unenforceability & Template Letters III

dibs69

Hi, every one , went to the bank first thing tday to get some cash a bit more than a atm and no chance, thay couldnt open the safe for me anyway lol , this is no joke unbelievable but true:rotfl::rotfl::rotfl: i think thay needed a safe cracker:cool:

never-in-doubt

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

Hiya

Variable agreements are weird, basically you should have been sent:

1. Copy of original agreement
2. Copy of original terms
3. Copy of varied agreement
4. Copy of varied terms
5. Copy of current terms
6. Statement of account.

Going by what you've said, send this: CCA Query

No it does not mean it is unenforceable - you need to get the correct paperwork first!

never-in-doubt

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

See here: #3618

You need to send this: CCA Query

never-in-doubt

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

Sit and wait! There is a process, follow it or use the self help from page 1 - your choice.

If you rush them then go ahead and make them send you an enforceable agreement - be my guest and see what happens! :rotfl:

never-in-doubt

cejsmith wrote: »

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.

Legally the FOS will advise!

Its way out of the usual CCA route if the FOS are already involved, so deal with them and direct your queries to them. Once you've reached settlement (whatever that may be) then we can look at unenforceability if the debt does remain, however it is easy to claim if they have already confirmed to their being no CCA.

never-in-doubt

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..

see page 1 - jesus does nobody read anymore!

This thread is designed to be self-help, how will it ever go that way if you guys don't even read page 1 - CCA Request

Sorry rant over now - lol

never-in-doubt

kdallsop wrote: »

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!!

Ok, send a copy to RBS and be done with it - that's the easiest option really.

never-in-doubt

jen_br wrote: »

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.

They don't need more time to do this, if they don't have it they sometimes don't respond so i'd never suggest chasing it unless we already know they have it. Its not illegal, it is unlawful.

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?

Agreed

jen_br wrote: »

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..

Actually worse thing is a CCJ or charging order.... sorry - being flippant Jen

jen_br wrote: »

....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

You're right, i'll agree.

never-in-doubt

elsie52 wrote: »

Hi everyone.

No Niddy today as yet, he must be having a well deserved day off.:beer: Hope you are enjoying the sunshine everyone.:D:D

Niddy's here - just confused cos I work from oldest post to newest but unsure what has been answered and what has not!

I'll go again lol :beer:

never-in-doubt

mojoparrot wrote: »

HI NID

One last general query, how long should you wait after not receiving the CCA and sending CCA request, CCA reminder, CCA query before you send out a final response no CCA letter?

Thanks

Mojo

Its all in page 1 and in the templates!

Send CCA request - they have 12+2 days
reminder can then be sent
send the query 30 days after reminder was sent

FINAL RESPONSE IS NOT TO BE SENT UNTIL YOU HAVE HAD A FINAL RESPONSE FROM THE LENDER!