Unenforceability & Template Letters III

swanfan02

never-in-doubt wrote: »

No prescribed terms linked to the original application matey = unenforceable.

Yea, they have attached some random terms, but now look again - more closely to the two pages:

Page 1 - the reference down the right hand side looks like: 119694076 but on Page 2, at the top left corner you see a number 4 (page number) and a reference similar to C/1570601/RL - these are clearly different terms to those that came with the application. Out of interest, where are pages 2 & 3 and where is the links to the terms that mention part 16 (as defined on the siggy page?).... have you seen/got these missing pages?

You should respond with this: CCA Query

Hi Niddy, letter from barclayshark in response to your letter saying they don't think account is in dispute & have fulfilled their obligations etc etc. Can email it to you if you want to see it but i think its similar to ones i've seen on here.;)

Pugface_2

never-in-doubt wrote: »

Hiya

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

If not, time to send it.

Hi NID,

Nope, haven't sent that one through yet. I'll get that one printed and in the post asap.

Just had a quick read through it and it says:

Put simply, a court cannot make a judgement on an unenforceable debt without the original agreement, ergo we're back at square one - all I ask is for you to provide me the original agreement instead of fobbing me off with excuses all the time.

Aren't they just going to say that they have supplied the copy of the original agreement - even if as you've pointed out it's not enforceable because of not referencing the terms and conditions?

Sorry to be a pain, but just wanted to make sure.

Cheers,

Paul.

swanfan02

never-in-doubt wrote: »

Hiya - send the new template, just to cover yourself: Refusal by Lender/DCA - to accept Unenforceability

Letter from HL Legal acting on behalf of Collect Direct saying "if payment is not received in 7 days we will recommend legal action in County Court" Morons!!:mad:

MRDOLLAR

Hi Guys,
Really hoping for some advice or anything to get these off my back.
I have been on these forums a while now all on the main subject Capquest.
I truly believe that the debt of £2200 is unenforceble as the only agreement i signed was an application form which did not state interest etc.
I have scanned and copied the letter i recieved this morning also with the application form in which they say it is an agreement.
Hope someone can take a look and point me in right direction or even help me settle it or reduce debt!
Guys im at my wits end.
Here is the application form or in there terms agreement!
http://s941.photobucket.com/albums/ad255/MRDOLLAR/

and the letter i recieved today
http://s941.photobucket.com/albums/ad255/MRDOLLAR/Capquest/

Hope someone can help? if you search MRDOLLAR in search box on these forums you will see all my other posts.........hope to get this sorted with your great help thanks Guys

jen_br

swanfan02 wrote: »

Letter from HL Legal acting on behalf of Collect Direct saying "if payment is not received in 7 days we will recommend legal action in County Court" Morons!!:mad:

snap with lloyds

fedupwiththeworry

Further to 3672

Weekends post has arrived with one response.

DCA re GE Capital has said they have requested the documentation from the original lender and require up to 30 days to do this. Will sit tight on this one.

:-)

fto

never-in-doubt wrote: »

Nope - ignore means let them try, when they do you send this back to the DCA (no matter what threat they send): Account sold whilst in Default of CCA Request



as he says ^^^^^

Thanks DGJ....

Hi,
Sent account sold whilst in default letter, some time ago to triton( natwests debt collector). I have received letters from them saying its not in default, because natwest have sent me, all they need to, to comply.The lastest letter from them is threatening to sent the a debt collector to my house..........should I reply.
Thanks in advance........

BigCraigJohn

Dont worry about these muppets, you wanna see what they sent me last week.
In future your best posting up here on Nids thread. https://forums.moneysavingexpert.com/discussion/2305463

This way you get help rather than summary execution

koloko I think you are in the wrong place, either that or you work for Capquest.

RAS

BCJ

Thanks. Well directed and well put.

WRINKLES

well said BigCraigJohn go away koloko people come here for help not cheap crappy put downs