Unenforceability & Template Letters III

jemma8526

never-in-doubt wrote: »

Hiya

Just wait til they write back - they should be sending the original - regards to whether it was missold, no! They (the lender) can decide to chose to accept you or not based on data you supply, obviously they were happy for you to have an account being a student.

However you could pursue that with the FSA/FOS at a later date but right now you should be awaiting their reply...

Hi nid

Sorry i got my dates mixed up! I sent the request on 18.01.10 and the reminder on 01.02.10. 30 days has gone by and theyve only sent the copy so i sent them the dispute letter yesterday!!

Thanks for your help you're an :A

ju34514

Hi NID,

Would you mind having a quick look at this, pretty sure it is enforcable as it is signed and has prescribed terms but could you confirm ? ( If I have done it right,)

http://i296.photobucket.com/albums/mm171/JADEEQ/Shop%20direct%20Littlewoods%20cca%20reply/scan0006.jpg


Thanks,
Ju

BeenieCat

I'm making a start on step one today, who'd have thought the initial 'printing the envelopes' would be so complex :rotfl::rotfl:

My letters from Barclaycard have about 4 different addresses, should i just go with the registered address that's at the bottom of them all?

Maybe i should take this as a sign that i'm not clever enough to do this :rotfl:

never-in-doubt

BeenieCat wrote: »

I'm making a start on step one today, who'd have thought the initial 'printing the envelopes' would be so complex :rotfl::rotfl:

My letters from Barclaycard have about 4 different addresses, should i just go with the registered address that's at the bottom of them all?

Maybe i should take this as a sign that i'm not clever enough to do this :rotfl:

Hiya

Literally a flying visit................ back tomorrow!

You should send the CCA to the address on the last statement so Barclaycard will be different to your barclays loan etc..... :D

evilcartman

I originally sent a S77/78 request by special delivery in early December 2009, along with a £1 postal order.

They wrote back in a letter in January 2010 that the £1 fee hadn't been enclosed (a lie). I wrote back to them (again by Special Delivery) telling them that I still had the receipt for the postal order and telling them that they were now in default.

I have today received from Egg a document that they purport to be a valid CCA. They are of course well out of time and therefore still in default, so this document is irrelevant.

What is the best course of action to take from here? My position is that they are in default, end of. Is this the correct path to follow?

never-in-doubt

ju34514 wrote: »

Hi NID,

Would you mind having a quick look at this, pretty sure it is enforcable as it is signed and has prescribed terms but could you confirm ? ( If I have done it right,)


Thanks,
Ju

Hiya yes, it does look enforceable..... its quite new to be fair... sorry. :mad:

never-in-doubt

evilcartman wrote: »

I have today received from Egg a document that they purport to be a valid CCA. They are of course well out of time and therefore still in default, so this document is irrelevant.

What is the best course of action to take from here? My position is that they are in default, end of. Is this the correct path to follow?

No mate - the moment they comply they come out of default, you don't stay there! If they sent it, then you need to establish enforceability then take appropriate steps dependant upon your answer to that!

They are no longer in default, if they sent you a CCA.

Even if a debt is unenforceable, the moment they find the agreement - could be 5 years later - then it comes out of status and becomes enforceable again. Obviously so long as it is lawful and compliant.

evilcartman

never-in-doubt wrote: »

No mate - the moment they comply they come out of default, you don't stay there! If they sent it, then you need to establish enforceability then take appropriate steps dependant upon your answer to that!

They are no longer in default, if they sent you a CCA.

Even if a debt is unenforceable, the moment they find the agreement - could be 5 years later - then it comes out of status and becomes enforceable again. Obviously so long as it is lawful and compliant.

Oh really? I thought if they were in default, that was it.

In that case, what they have sent me consists of "Document A" and "Document B". Document A purports to be a copy of the original agreement from 2002 with a signature. Document B is my current terms and condition.

Is this a "reconstituted agreement"? And if so, are "reconstituted" agreements now considered enforceable?

never-in-doubt

evilcartman wrote: »

Oh really? I thought if they were in default, that was it.

In that case, what they have sent me consists of "Document A" and "Document B". Document A purports to be a copy of the original agreement from 2002 with a signature. Document B is my current terms and condition.

Is this a "reconstituted agreement"? And if so, are "reconstituted" agreements now considered enforceable?

Mate - come on! Nooooo - they come out of default the moment they comply

Can you PM me links to the uploads - I cannot advise what they sent without seeing it, alternatively go to page 1 and check yourself - it's easy now! :D

ju34514

never-in-doubt wrote: »

Hiya yes, it does look enforceable..... its quite new to be fair... sorry. :mad:

Hi,
Oh well, can't win em' all, I have 2 others that will be enforcable aswell as they are same as above (signed and prescribed terms).:mad:

I have sent CCA Query regarding another account as that is definitely unenforcable so might go down the reclaiming charges route with these other 3.

Thanks,