Unenforceability & Template Letters III

never-in-doubt

sadg wrote: »

Lowells/Egg. (PM'd you on this so no link)
I sent the CCA April 09 but then found your thread on here and PM'd you about the term "time to time" for credit limit on agreement. You directed me to CAG forum so dealing with this Lowells/Egg account there. (waiting for judges decision)

Ahh thanks, makes sense now. yea, i'm not dealing with the Egg agreements on this thread you see - cos its a separate issue totally thus I created the Egg Thread here: Egg Card - CCA Flawed?

sadg wrote: »

Lowell/Barclaycard.
No CCA sent and I have not acknowledged this account for 4 years.
I was saying that Lowells know I live at this address as I'm in contact with them with the account above. Just ignore this one then?

The accounts are separate so they will not have them linked, unlike a bank the DCA's do not give you a customer number instead you are a reference for each account. So you could have the same DCA chasing you for 5 accounts, and you'd have to repeat each command 5 times - or add 5 references on one letter - make sense?

Yes, ignore this totally.

sadg wrote: »

Robinson Way/ Capital One. (PM'd you on this so no link)
I sent CCA to Capquest in April 09 as they said they were working for RW. No CCA received just a bunch of half hearted mini statements so I just left it and had no contact from anyone on this account until May 2010. You advised me to send the reminder which I did and got the reply below.
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.

Ok, makes sense - they are talking shoite :rotfl: Now you know why I suggested you don't send PM's - remember? LOL - cos I do need to be refreshed, remember I am looking at 100's of these for people each day and my memory aint that good!!

sadg wrote: »

Does this mean they are going to leave it?

No.

sadg wrote: »

Does it mean it's in default so they can't sell it?

They can sell it whenever they want, it just means they have to communicate with the new owner if they do, being they are in default. But they are free to sell it whenever they like.

sadg wrote: »

Do I wait until the 14 days are up and then send s.10?

No, just foret this for the time being until they write again then remind me and i'll advise as appropriate.

never-in-doubt

midastouched wrote: »

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:

Hiya

Okies, lol - makes sense now.... Lloyds are playing silly beggars though - did you see my previous rants about them last week? If not see here: http://forums.moneysavingexpert.com/showpost.html?p=33399575&postcount=3554

never-in-doubt

thepedestrian wrote: »

I stand corrected !

Sorry I thought you misread and thought that we could get the default wiped, in the old days yes - not after Carey v HSBC & the McGuffick v RBS cases.... sorry..

elsie52

Thanks Niddy,

I havn't seen an enforceable agreement yet, (and I don't want to ), so I don't have anything to go by.

Thanks again for your help, it really is appreciated.

Zach

Hi Niddy,

You have already helped me on an issue that i had with my claim management company going bust resulting in a CCJ. 10past6 is helping me with it so thanks foe everything so far.

I have a vanquis credit card that the same claim management company was working on. I do not know the exact nature of correspondence betwen the CMC and Vanquis but what I can tell you is that I stopped paying monthly direct debits and vanquis has defaulted me on this credit card. before the claim management company went bust they stated that the agreement was non enforceable but was not told why and have never been sent a CCA.

What do you suggest I should do next to rectify this situation? What form should I be sending?

Many thanks in advance as per usual.

never-in-doubt

Zach wrote: »

enforceable but was not told why and have never been sent a CCA.

What do you suggest I should do next to rectify this situation? What form should I be sending?

Many thanks in advance as per usual.

Hiya

You need to start from scratch with everything, forget the CMC - they will have said almost anything, so send the CCA request again so you can see for yourself what they have!

fedupwiththeworry

Hi Niddy & Everyone

Further to: 3692

No more post has arrived since the weekend so the latest position is as follows:

12 CCA requests were sent out 1st class recorded on the 24.5.10

Of these following advice from Nids the following has happened:

BOS sent application form and recon t&c's so sent out CCA dispute section 10 letter 3.6.10 recorded del - no response as yet other than a letter from their solicitors chasing payment that must have crossed in the post.
7 others (either DCA or orig lender) have responded saying they are looking for the paperwork so not doing anything with those other than waiting.
4 others have not responded at all so I believe I should now be sending out the CCA Reminder from page one of the thread ?

That's all for now folks :-)

Slickfm

never-in-doubt wrote: »

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:

Hey Niddy, it's great to know that your are there for us all, I think I speak for all in saying that your support is invaluable to us and dont know how we would cope without your advice and words of wisdom:A:A:A

never-in-doubt

fedupwiththeworry wrote: »

4 others have not responded at all so I believe I should now be sending out the CCA Reminder from page one of the thread ?

That's all for now folks :-)

Hiya

Nah - dont chase them, they are in default until they respond so leave it - just wait....... let them dig their own grave. :beer:

garwil

Hi Lord Niddy and all friends!:)

I have sent my cca request to citicards and also the follow up letter as per your flow chart.
Ihave proof of postage of both letters and have had no response from them, but they are phoning me at least 6 times per day:mad: - i do not answer the calls:D - should i continue to avoid the calls?