Unenforceability & Template Letters III

Geebee

JeffersonGrif reported to [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL]

DGJsaver

sadg wrote: »

http://s254.photobucket.com/albums/hh102/stevehf2/?action=view&current=img003.jpg

http://s254.photobucket.com/albums/hh102/stevehf2/?action=view&current=img002.jpg

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

NittyGritty

hi guys is it wise to stop payments to credit card, before you send CCA off, or would it be better to wait until you recieve a responce from them, would it matter if you stop now? and what if it comes back to be enforceable what would options be then? lets say u try to arrange a repayment plan and they refuse, what can u do then?

a-smith_3

Hi Nid

I am starting to get replies to the step 1 - Request for a copy of the Original Credit Agreement letters I sent

MBNA have replied with the following

Acc no. XXX..

We apologise for the delay in responding to your request made under Section 78 of the Consumer Credit Act 1974 ("the Act"). . . . . .

We note that your account was acquired from another lender some time ago. As such, we need to obtain documentation from that lender; as soon as this is received we will forward it to you.

In the meantime, you should continue to make payments to your account. We believe that this is consistent with the legal position (as recently confirmed in the case of McGuffick v the Royal Bank of Scotland pic) that, even in circumstances where a lender has not yet complied with a request under the Act, the lender can continue to demand that payments be made to the account, and any arrears will be reported to Credit Reference Agencies and the use of any cand(s) may be withdrawn. etc. etc.

What now - do I send a reminder (or other letter) - or Do nothing and just wait ? (for Six Years!)

What of ‘McGuffick v the Royal Bank of Scotland pic’ are they just trying their luck?

regards A

10past6

NittyGritty wrote: »

is it wise to stop payments to credit card, before you send CCA off

No

NittyGritty wrote: »

or would it be better to wait until you recieve a responce from them

Continue to pay, wait and see what they say to your CCA request

NittyGritty wrote: »

and what if it comes back to be enforceable

Don't run before you can walk deal with the CCA first, when / if they reply, only then will you know what your options are.

di3004

10past6 how are you?:j:j

10past6

di3004 wrote: »

10past6 how are you?:j:j

Hello ma darling :eek: I'm good thx how the devil are you?

never-in-doubt

In case anyone missed this - i've just updated it with a 4th signature!! #3956

Read it and weep! :rotfl: :rotfl:

never-in-doubt

MustBeatThis wrote: »

I might be totally thick - but My CrapOne and MBNA debts were sold on to DCAs. I still can send them (the DCAs) CCA letters can't I?

Yes, you send the CCA Request to whoever owns the debt, ie the DCA or the lender.... it does say this in the actual template, just above it in the guide notes

See here: CCA Request

Step 1...

Send the letter below (CCA Request) with a £1.00 cheque or Postal Order to whoever owns the account (either the DCA or the OC); send it recorded delivery and await 14 days which is the length of time they have from the date you sent it;

never-in-doubt

Hannah_10 wrote: »

Thank you, at least I know now.

I also wondered if perhaps because the account has been closed now for 4 years and 1 month (without payment or acknowledgement) that if I could hold out another 1 year and 11 months if it would become statute barred? Or does that also not apply to overdrafts?

Hiya

Yes sit it out, all debts become statute barred so long as they never CCJ'd you of course.... but yea, in answer to your question an o/d will become SB after 6 years.