Unenforceability & Template Letters III

Slickfm

never-in-doubt wrote: »

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*

Hi Niddy, sorry it was CrapQuest asking for my signature on behalf of CrapOne:o but they still sent a reconstituted agreement. Which template do you suggest i send now (unsure) or shall i email you what i have received?

Sorry to hassle you Nid, and thanks for your support mate:A

never-in-doubt

Slickfm wrote: »

Hi Niddy, sorry it was CrapQuest asking for my signature on behalf of CrapOne:o but they still sent a reconstituted agreement. Which template do you suggest i send now (unsure) or shall i email you what i have received?

Sorry to hassle you Nid, and thanks for your support mate:A

Send this to CrapQuest: Debtors Final Response - CCA Received

midastouched_2

Just logging on to say hi to Niddy and you all - been away for a couple of weeks with the kids and for the first time in years, actually felt relaxed thanks to him. :beer:

Still getting letters threatening me with court action from LTSB's in-house solicitors ("we may etc"...) but all are with a printed signature and I'm just ignoring them for now - I take it this is the correct thing to do Niddy?

Keep smiling all,

Midastouched.:)

never-in-doubt

sadg wrote: »

Thanks Nid.
But I have started CCA etc with Lowells over my Egg account so they know I'm here at this address. (I was out of the country for 2 years so they all lost me ) Should I just sit tight then until they go for the CCJ?

Have you seen the Egg thjread of mine? You don't want them to CCJ you, no!! I'm lost with this one, you need to give me links to previous posts cos i'm totally confused!!

sadg wrote: »

RW letter is from Capital one debt. I had sent capquest the CCA last April and not received it. Then over the last months RW have started to chase it up and I sent the reminder. Remeber now...

Ok, please clarify - have you responded to anything about this debt? If not, ignore it. If so, tell me where you're upto.....

sadg wrote: »

RW letter only really says:-
You have not paid the sum you owe. Until it is paid your account will not be closed, but may stay registered as an unpaid debt in your name. This may adversely affect your credit rating. (after reminder sent)

Does this mean they are going to leave it? Does it mean it's in default so they can't sell it? Do I wait until the 14 days are up and then send s.10? Thanks in advance...

Ahh you've sent the CCA Request have you? Why? If it is 4yrs into Statute Barred? Assuming you have sent it, then just wait - do not chase them, just sit and wait until they respond to you!

never-in-doubt

midastouched wrote: »

Just logging on to say hi to Niddy and you all - been away for a couple of weeks with the kids and for the first time in years, actually felt relaxed thanks to him. :beer:

Still getting letters threatening me with court action from LTSB's in-house solicitors ("we may etc"...) but all are with a printed signature and I'm just ignoring them for now - I take it this is the correct thing to do Niddy?

Keep smiling all,

Midastouched.:)

Hiya

Glad you had a nice break away - well done. Can you confirm if you've previously sent a final response? If so send this: Refusal by Lender/DCA - to accept Unenforceability

If not, send the final response here: Debtors Final Response - CCA Received

never-in-doubt

elsie52 wrote: »

Hi Niddy,

I have received CCA back from Lloyds re CC, and the only thing that I can see missing is the Credit Limit and also the terms and conditions page is not complete, it looks like something has been torn off the bottom of the page. Would you possibly have a look at it for me.? Shall I scan and post onto imageshack or could I email it to you. I am fully expecting this one to be enforceable.

Thanks very much Niddy

Hiya

The credit limit itself does not make an account unenforceable, see this for explanation: Is my Agreement Enforceable - No Credit Limit Showing

However that's the least of the problem, there are no prescribed terms embodied within the agreement - it is unenforceable, as they know - send this: CCA Query

elsie52

never-in-doubt wrote: »

Hiya

The credit limit itself does not make an account unenforceable, see this for explanation: Is my Agreement Enforceable - No Credit Limit Showing

However that's the least of the problem, there are no prescribed terms embodied within the agreement - it is unenforceable, as they know - send this: CCA Query

Thanks Niddy - those words are music to my ears.!! :T:T:T
So are you saying that the prescribed terms should have been included somewhere on the first page that I sent to you.? Sorry to be so thick,:o I just want to get things clear for future reference, and then perhaps I won't have to trouble you, 'cos I know you are always busy.

thepedestrian

never-in-doubt wrote: »

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

On the CCA Request template - see this:



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!"

I stand corrected !

never-in-doubt

elsie52 wrote: »

Thanks Niddy - those words are music to my ears.!! :T:T:T
So are you saying that the prescribed terms should have been included somewhere on the first page that I sent to you.? Sorry to be so thick,:o I just want to get things clear for future reference, and then perhaps I won't have to trouble you, 'cos I know you are always busy.

Yes that's what i'm saying. All they have sent is an application form and a photocopy of some random terms, this is not embodies within the credit agreement and therefore means it is unenforceable.

In laymans, those terms could be from anything, there is no link to the application and no mention of them being linked so they should be disregarded in their entirety......

Its unenforceable, its also fine to hassle me - lol, it keeps me busy doesn't it plus I can check them in half the time it'll take you (seen waaaaay too many now sadly enough).... :rotfl:

midastouched_2

never-in-doubt wrote: »

Hiya

Glad you had a nice break away - well done. Can you confirm if you've previously sent a final response? If so send this: Refusal by Lender/DCA - to accept Unenforceability

If not, send the final response here: Debtors Final Response - CCA Received

If you can recall, (though god knows how with so many of us..:T), I've got three debts with LTSB. A CC and pre 2007 loan - both I've sent final responses to. My third is for a post 2007 loan to which I still asked for a CCA which they haven't complied with as yet.

For the first two I'll send the letter you linked to above - thanks!

For the post 2007, I'll await and see what they come up with (but they're not getting another penny from me regardless).

:beer: