Unenforceability & Template Letters III

Fitzer2000

I feel like the Cavalry's arrived when NID starts posting! Love it!!

never-in-doubt

johnglov wrote: »

johnglov wrote: »

Hi Nid

Well I have not paid anymore payments but still have not received a Credit agreement from Barclaycard.

I have received numerous phone calls which have now escalated to at least 4 every day, I even answered one of them and asked them to write to me and they told me that they would just call back.

I have received three letters from Barclaycard which I have included. I am worried about my credit record and also about the threat of debt collection agency.

What should I do now?

Thank you

John

Hiya

You are confusing me and evidently yourself, forget your credit file - if you pursue unenforceability you'll get defaulted and too right your credit file will be ruined, that is the plan!! Have you misunderstood things and jumped in too quick?

I suggest you stop what you're doing, read this thread from page 1 and take note of my warnings throughout - that state you'll get defaulted!

Then post back again, when you're up to speed cos right now I do not have the time to hold your hand when you've obviously missed the fundamental point here, you look at unenforceability as a last result, forget your credit file - you should be at your wits end and therefore will never want credit again!

Try reading and let me know if you've screwed up here and need help to back-peddle out of whatever mess you've caused yourself. :o

never-in-doubt

-MRS_T- wrote: »

Good Evening all

I am trying to send nid a copy of my agreement but it keeps coming back files to big or recipients email full.

I have done 3 emails so the attachments were not to big but its still not working.

Any suggestions on how to condense the files so I am able to send via email

many thanks

Hiya

This is sorted, have been emailing you - :D:D

never-in-doubt

thepedestrian wrote: »

best think is if they cant prove you owe the debt , then they cant meddle with your credit rating over it !

Ahh but they can - they will default you, that is perfectly acceptable!

On the CCA Request template - see this:

2. CCA Reminder
This is the letter you send after the CCA Request timeline has expired (14 days). You should also cease payments at this stage (bear in mind you will get a default so if you're not happy with this then stop here!).

Now see the following extract from this: "bear in mind you will get a default so if you're not happy with this then stop here!"

never-in-doubt

thepedestrian wrote: »

sorry for the double post ! - how do uou delete the first one !

Delete this one:

Click Edit > Advanced > Delete Message > Then click the "Delete this Message" button.

never-in-doubt

sadg wrote: »

Evening Niddy and all.

Barclaycard debt owned by Lowells

Ok Lowell Portfolio I have now instructed Hutcinsons solicitors to collect from me now. I have not acknowledged this debt for over 4 years and just wanted to ask would it be worth trying to avoid them for a further two years or send the CCA request?
Is it likely that they will have the agreement from back in 1992?
Also who would I send the CCA to? Lowells or Hutchinson?

Thanks in advance.

PS Niddy I got a half hearted reply from Robinson Way yesterday if yo want to see it?

Ignore it - you're 4yrs into statute barred.

No need to see RW letter, if it is the same account as above then ignore them too. If its a different account, what is it in relation to exactly?

never-in-doubt

Slickfm wrote: »

Hiya Niddy, after this mornings post above, I have now received what they say is a reconstituted agreement from CrapOne, which also includes the signature page from my credit agreement, showing my signature on it. Curiously the letter states that they are currently retrieving my agreement and will send it on (why would the signature page be seperate from the rest!!) seems odd to me. They also make reference to Carey Vs HSBC case and say they have supplied everything to comply with s78 request. Do you mind if i pm it over to you Niddy to cast your trained eyes over;) Cheers!!

Ps Is it still worth me sending the request for signature letter to Crapquest after receiving this from CrapOne? It seems to me that they are not communicating with each other!!

Crappy1 send a copy of the signature page separately, they seem to think this constitutes compliance, it does not! It needs to be attached to the same document that contains the prescribed terms headed "Consumer Credit Agreement"......

No, why would you send the signature letter unless they have asked you for a signature? *Confused*

never-in-doubt

BorassicLint wrote: »

I take it I just sit on this for a while now and if they continue to write saying it's enforceable I'll send the Refusal by Lender to accept unenforceability - is that right?

Many thanks for your help:beer:

Hiya

Just send this now: Refusal by Lender/DCA - to accept Unenforceability :D

Then ignore them, forget about it.

never-in-doubt

thepedestrian wrote: »

Sorry to be a pain NID ! - HAVE RECEIVED THIS BACK FROM BCARD.....

Am I right in thinking that I should now respond with Unenforceable Agreement - Debtors Final Response ?
( they have failed to come up with my signiture after sending CCA request then template 3.2 , then template3.3 )

Thanks in advance- yor the man !

Hiya

Have they sent a CCA - it does not need to be signed. Please clarify.

BorassicLint

never-in-doubt wrote: »

Hiya

Just send this now: Refusal by Lender/DCA - to accept Unenforceability :D

Then ignore them, forget about it.

Thanks NID will do :beer: