Unenforceability & Template Letters III

Slickfm

Morning all, Quick update: Letter received from CrapQuest quote "In order for Capital Bank to deal with your query (CCA request) your written signature must be evident on your correspondence".

"Please re-send your dispute details to us showing your signature together with any supporting documentation where possible".:D

Time to send request for signature letter me thinks;)

Hope your well Niddy:)

never-in-doubt

Slickfm wrote: »

Time to send request for signature letter me thinks;)

Hope your well Niddy:)

Hiya

Yep send that to them - lol, muppets!! :rotfl::rotfl:

Slickfm

never-in-doubt wrote: »

Hiya

Yep send that to them - lol, muppets!! :rotfl::rotfl:

Ye Muppets, Cheers Niddy:T

5corpio

never-in-doubt wrote: »

Hiya

You should cease repayments the moment they are in default with your s.78 request. so you send it and then after 14 days just stop paying, pointless sending reminders and doing their jobs for them - it is currently unenforceable, so long as they are in default of your s.78 request.:D

Thanks, i'll get the letters sent today......hopes you well :j

dibs69

Hi niddy,Hope you had a good weekend thank you very much for your emails, i will sit and wait:beer: thank you again

flo5

Hi NID,

Hope you are well - another query for your expertise.

Have credit card with Nat West that was taken out in my student days.

The usual story have got into financial difficulties following ill health and have been making token payments for some months now. They are getting more "persistent" and thought it might be worth doing a CCA request which l did. have received their reply and not sure on enforceability.

Covering Letter:-

We are obliged to provide you with a "true" copy of the credit agreement and a staement of financial information relating to the account, namely, the state of the account, amount currently due with amounts and due dates of future payments that still require to be made. In terms of CCA copy document requlations, the "true" copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing that plus a copy of the current terms of the cards agreement.

I have enclosed the s78(1) information

With regards to to your request for a "statement of account", l have enclosed the most recent available statement for the above account. Should you require duplicate statements of your account prior to this date, please contact me accordingly and l will advise you of the cost for these.
Also enclosed was a copy of original credit card application (duly signed by me)

Copy of Credit Agreement that covers 4 sheets of paper that is not signed by anyone.

A covering letter that was sent with a repalcement card that has a credit card agreement on back again not signed by anyone.
A copy of a statement for April this year. but has a stamp on it saying signed and approved on behalf of NATWEST pp signature for Manager.

Although l have attempted to follow your excellent flowchart, l am not certain if the above is sufficient for enforceability and would welcome your view.

thank you for your time

never-in-doubt

MRDOLLAR wrote: »

Gosh , i see i have caused a bit of a stir.
Just wanted to thank all the guys and gals for advice and sticking up for the consumer. (ME)
We have all made mistakes in life this debt and putting it to the side was mine.
I need to have a good old think.
Whats my next step, ? Should i write a letter saying why i believe its unenforceble?
Thanks again for helpiing me with advice. I hope that the good karma goes around your all awesome!:T

Hiya

See reply on your thread here: http://forums.moneysavingexpert.com/showpost.html?p=33543529&postcount=8

Basically send this: Refusal by Lender/DCA - to accept Unenforceability

never-in-doubt

flo5 wrote: »

Hi NID,

Hope you are well - another query for your expertise.

Have credit card with Nat West that was taken out in my student days.

Hi but what documents have they sent to you? Can you scan and email to me?

I need to know what they sent such as an application form, a credit agreement, just a statement - what?

flo5

re #3748

Hi Thanks for quick reply - l do not have a scanner so will go to my daughters this afternoon and use hers.

Will repost later.

Thank you

5corpio

Hi NID

Postie was good to me this morning, i received letter from Barclay card Ref Thread: 3443.

As i waited for a repsonse from them as they were sending as mentioned in their letter' 'Please Note, a copy of your current Barclaycard Credit Agreement will be sent under seperate Cover'7

Replied with: 'Thank you for contacting us, Enclosed with this letter is a copy of your Barclaycard Terms & Conditions. If you need any extra information or you've any questions then visit our website or give us a call.