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Unenforceability & Template Letters III

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  • scarednshakin
    scarednshakin Posts: 277 Forumite
    Hiya

    Send the letters as per template checker / flowcharts on page 1 - so you'd be sending s.10 template here: CCA Dispute - s.10 Cease & Desist

    The template you mention is the last resort, i.e. after the final response. :D

    Thanks Niddy, letter ready to be posted tomorrow :beer:
    :idea: Had lbm, switched it off too many times. Now am trying to sort my life out :T:T

    :T Proud Supporter of Niddy :T
  • elsie52
    elsie52 Posts: 1,902 Forumite
    Just popped in to say Good Morning, and put you back onto page 1.:D


    June 2010 - 11/56 lbs Weight to lose before May 2011.

  • 5corpio
    5corpio Posts: 60 Forumite
    Morning NID (Not too much beer last night did we), Jen_Br, All

    needing directions - or if its easier to upload than keep on typing the letters?

    got letter from Marbles (on the 14th day of stage 1 letter)

    in repsonse to your request blah blah blah section 78 CCA.

    I have enclosed with letter a copy of your current executed agreement (which is BLANK and says expired 2008?) and a signed statement of your account (WHICH HE HAS SIGNED & its a letter?). i have requested a copy of the original signed application form from the relevant department. you will recieve shortly under seperate cover.

    If you are considering using the services of a claims management compnay we would like to remind you of the recent warning issued by the 'Ministry of Justice' and 'Citizens Advice Bureau'. You can find more details about both at:

    http://www.justice.gov.uk/news/newsrelease170209a.htm
    http://www.citizenadvice.org.uk/press20090017

    The Ministry of Justice headlines reads "Businesses that mislead the public they can arrange for unpaid loans, credit card debts or other consumer debts to be written off have been told to stop or face action Justice Minsiter Bridget Prentice said today, as new guidance was issued by the Ministry of Justice2

    Finally, we must remind you that failure under this agreement will result in collection activities and any default may alos be reported to credit ref agencies blah blah.....

    Q: Is this a standard letter we are getting issued? where do i go from hear, wait for the request of my agreement (If so how long do i give and do i STOP making any further payments? if i DID, they then said letters asking for payment - do i then send the next letter as they NOT sent the agreement as requested 'Final letter'??

    I think that the Credit Card, Banks, Loans ppl are stalling things now, and possibly worried!!! Well have a good weekend everyone
    5corpio
  • Pugface_2
    Pugface_2 Posts: 60 Forumite
    Hi NID,

    Hope you're well on this sunny Saturday morning.

    After receiving a letter back from Optima legal last week saying that they're checking about my letter with MBNA I've received a letter from them this morning again saying that they've looked into it and have enclosed my signed agreement and the terms and conditions and now again have 7 days to pay before they start legal proceedings.

    This is exactly the same stuff as last time.

    They don't seem to want to acknowledge that the agreement is unenforceable. (can't imagine why!)

    Do I just send off the same letter as last time? Just looks as though it's going to go round in circles all the time if they're not going to agree to it being unenforceable. Either that or they're so dumb they don't realise that I'm trying to tell them it's unenforceable?

    Cheers again for all the help,

    Paul.
  • Slickfm
    Slickfm Posts: 41 Forumite
    Morning all, I sent 'account sold' template letter to CrapQuest recorded delivery over 5 days ago now. Royal Mail's website says it's processing through our network for delivery:( Has anyone experienced this when sending mail to CrapQuest? How can I prove it's been delivered without ringing them???

    Cheers
  • 5corpio
    5corpio Posts: 60 Forumite
    Slickfm wrote: »
    Royal Mail's website says it's processing through our network for delivery:( Has anyone experienced this when sending mail to CrapQuest? How can I prove it's been delivered without ringing them???Cheers

    I've sent mail in the past before, and noticed it, its NOT arrived ie been signed for (either reluctanley the post person gave with other mail so its not been signed, or they just NOT updated on the post office system - resulting in wont see it change)

    change post office (thats what i done) lol
    5corpio
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Pugface wrote: »
    This is exactly the same stuff as last time.

    They don't seem to want to acknowledge that the agreement is unenforceable. (can't imagine why!)

    Do I just send off the same letter as last time? Just looks as though it's going to go round in circles all the time if they're not going to agree to it being unenforceable. Either that or they're so dumb they don't realise that I'm trying to tell them it's unenforceable?

    Cheers again for all the help,

    Paul.

    Hiya

    Have you sent this letter before: Threat-o-Gram - Letter before Action

    If not, time to send it. :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Slickfm wrote: »
    Morning all, I sent 'account sold' template letter to CrapQuest recorded delivery over 5 days ago now. Royal Mail's website says it's processing through our network for delivery:( Has anyone experienced this when sending mail to CrapQuest? How can I prove it's been delivered without ringing them???

    Cheers

    dont worry you just wait for a few weeks, if nothing back after 30 days then send the CCA Reminder template. You have proof of postage, that's all that really matters here :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Slickfm
    Slickfm Posts: 41 Forumite
    dont worry you just wait for a few weeks, if nothing back after 30 days then send the CCA Reminder template. You have proof of postage, that's all that really matters here :D
    Cheers Niddy:T
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    5corpio wrote: »
    i have requested a copy of the original signed application form from the relevant department. you will recieve shortly under seperate cover.

    They tell you here that they are sending it, give them as long as they want - its unenforceable until they do send it to you.
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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