Unenforceability & Template Letters III

BigCraigJohn

Makes perfect sense. Thanks again :beer:

never-in-doubt wrote: »

Any charges that get refunded go to reduce the overall balance, so if you're pursuing unenforceability then why waste a tenner sending SAR's? Basically it doesn't matter if the balance is £2 or £20k - if it is unenforceable!

Its not like you get the money, if you thought so then sorry - no, it goes toward the balance of debt.

If the debt ends up being enforceable, then you would SAR them as you'd want the debt balance lowering, wouldn;t you? Cos you'd have to repay it.

See the logic and methodology with what i'm suggesting ?

libbyjade

Hi Niddy,

Another cracking letter in response to the 'muppets' - I think that bit should have been left in! haha :rotfl:

FAQ's are a great addition, put together very logically as well. I'll have a think if there's any other questions which maybe of use and PM you.

Given your experience of the CCA's you've reviewed over the past year, what percentage of agreements would you guess are unenforceable?

Be interesting you know your view, I'd guess about 50% are unenforceable judging by your responses to the posts on here, I could be way out though! :eek:

Have you any thoughts on which of the big lenders are more likely to produce an enforceable agreement and which ones are totally clueless and you are yet to see an enforceable one?

It'd be good if we could have some sort of ranking system or Premier League with the top 20 lenders in and for every uneforceable agreement posted on here, that lender gets 3 points - it'd be far more interesting than MOTD, plus it's not a league they'd be happy to win!! :T:T

cejsmith

I've got a problem and I'm not sure what the best way to repond is. On saturday I recived a letter from Trevor Munn Solicators on behalf of ARC or behalf of EGG say thing are going to apply to get a CCJ against me.

Now the question I'm asking is how to repond, to give you some background.

I've been done the CCA route with egg and they have supplied an agreement , which I be believe after checking on the this site and others to be unenforcable, so we have gone thought the letter path and EGG and DLC have how given a final reponse and said go to FOS, they also defaulted me but never sent the correct paperwork. I did ask egg and DLC why they thought the agreement was enforcable and they have just ignored the question and also my quire on the default.

Egg must have thought DLC weren't scarey enough and past it on to ARC, who earlier I wrote to to ask that they get DLC and EGG to confirm that they where dealing with the matter, again ARC has ignored this. I do find it funny in away that the letter goes on about a CCj screws your credit history whern EGG have already done that with a default!!!

What letter should I send to either ARC or Trevor Munn or EGG to get them of my back ???

Thanks

KipKip_2

Hi NID

I posted a while back about the possible unenforcability of my loan. I had already sent of my CCA request and have just got something back (cover letter, and an a copy of an "abbey copy" agreement and set of T&C's)

looks enforceable to me, :mad: cud u take a look to clarify?

scarednshakin

never-in-doubt wrote: »

Yours wasn't a preference account was it mate? The reason they have bodged Jo's is because it is a unique account from the old days - normal credit cards will never see this kind of abuse, its because they know they don't have anything so they are making things up!

My response is above - me thinks the poor bloke that wrote back will be thinking, oooops!

OMG I love the letter!!!! Would love to see them when they receive it :rotfl::rotfl:

Got 2 accounts with BOS, a credit card and also a Preference Acc. Slowly working through the cards as there are some that are mine and some OH's so will probably be around for a while picking your brains - sorry just thought I better warn you :eek::eek:

Have sent out the CCA Query letter to the Preference Acc and also have sent your brill fraud letter you wrote about the credit card #2500 - waiting for a response to each of them. Will let you know what comes in. Cheers mate :beer:

never-in-doubt

cejsmith wrote: »

I've got a problem and I'm not sure what the best way to repond is. On saturday I recived a letter from Trevor Munn Solicators on behalf of ARC or behalf of EGG say thing are going to apply to get a CCJ against me.

Now the question I'm asking is how to repond, to give you some background.

I've been done the CCA route with egg and they have supplied an agreement , which I be believe after checking on the this site and others to be unenforcable, so we have gone thought the letter path and EGG and DLC have how given a final reponse and said go to FOS, they also defaulted me but never sent the correct paperwork. I did ask egg and DLC why they thought the agreement was enforcable and they have just ignored the question and also my quire on the default.

Egg must have thought DLC weren't scarey enough and past it on to ARC, who earlier I wrote to to ask that they get DLC and EGG to confirm that they where dealing with the matter, again ARC has ignored this. I do find it funny in away that the letter goes on about a CCj screws your credit history whern EGG have already done that with a default!!!

What letter should I send to either ARC or Trevor Munn or EGG to get them of my back ???

Thanks

Hiya just a quick visit - as this is important, you should now send a PM to 10past6 who will advise what to respond with - just give him an update of events to date etc.... He'll help you to stop the CCJ being applied, failing that we'll get it set-aside anyway! :D

Back later chaps....

cejsmith

never-in-doubt wrote: »

Hiya just a quick visit - as this is important, you should now send a PM to 10past6 who will advise what to respond with - just give him an update of events to date etc.... He'll help you to stop the CCJ being applied, failing that we'll get it set-aside anyway! :D

Back later chaps....

Thanks NID your a star:beer:

BigCraigJohn

Interesting Cap one cashed my mums cheque straight away but havnt sent anything as of today day 14 so i'm sending reminder.
Am I right in guessing they have probably just paid into my account?, (is in arrears). Poor show if so.

I did want to ask, ive been getting in the region of 8 phonecalls on both my landline and mobile per day from 4 differnt numbers which ive confirmed are all Capital one, which i'm ignoring but it is getting rather annoying esp when they start at 8am, considering I posted here about 4am this morning isnt really convenient and goes heavily against my working hours.
Can I stick the phone letter in the same envelope with the reminder?

never-in-doubt

BigCraigJohn wrote: »

Can I stick the phone letter in the same envelope with the reminder?

Mate don't send the reminder, if they took the £1 then give them another week or so, why rush them? It doesn't matter whether you get it today or next week, does it?

Send the harassment letter but do it separate - never bundle letters - you must send each letter recorded with proof of delivery; separately.... :p

never-in-doubt

libbyjade wrote: »

Be interesting you know your view, I'd guess about 50% are unenforceable judging by your responses to the posts on here, I could be way out though! :eek:

Have you any thoughts on which of the big lenders are more likely to produce an enforceable agreement and which ones are totally clueless and you are yet to see an enforceable one?

It'd be good if we could have some sort of ranking system or Premier League with the top 20 lenders in and for every uneforceable agreement posted on here, that lender gets 3 points - it'd be far more interesting than MOTD, plus it's not a league they'd be happy to win!! :T:T

Hi matey,

I wouldn't like to say how many and what lenders are worse/better cos it never works like that - think the commentators curse, I mention a lender then all of a sudden they start to comply with each and every request - lol. You know what I mean....

You need to stop thinking of the lenders, moreso the processes and a few years ago a lot of banks/lenders did not follow process with CCA's so really it is hit or miss as to what each lender may send back - plus you're seeing the odd few actually create forgeries as well now - this is a recent tactic I must say! :p:p

Like the league thing but we'd have to be careful, libel after all (its only our assessment that they are bad - not a true factual statement)..... :D