Unenforceability & Template Letters III

BeenieCat

never-in-doubt wrote: »

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.

Soooo what about after 6/7/8 years? Same applies?

I'm not filled with confidence about my Littlewoods account now having seen the above enforceable :mad:

roadster

Hi Mate

Just had Triton on the phone threatening allsorts re Mint account, any joy with the wording yet. Didnt want to pee them off even more yet as might have to do a deal with them.

Also Optima (MBNA) threatening letter today re charging orders etc. But they should be getting your awesome letter today. Will keep you posted. Have a good day off from the forum (you probably need it) will catch up later.

Cheers Mate

Ex-Spendaholic

Roadster, how long have you been corresponding with Mint? Mine goes back to December and they haven't had a payment since then. I wrote to them in December telling them they weren't to phone. :rotfl:What are they threatening you with?

in_to_deep

Ex-Spendaholic wrote: »

Roadster, how long have you been corresponding with Mint? Mine goes back to December and they haven't had a payment since then. I wrote to them in December telling them they weren't to phone. :rotfl:What are they threatening you with?

mine been going since july had letter from triton contact office within 7 days or no alternative to take further action that was 10 day ago:D

Ex-Spendaholic

Have you not made any payments since July? :eek::rotfl:

in_to_deep

Ex-Spendaholic wrote: »

Have you not made any payments since July? :eek::rotfl:

no not a penny:rotfl:

Ex-Spendaholic

Oh happy days, I'll continue to enjoy an extended payment holiday then too. :rotfl:

InDeepDebt

Wrote off to Barclaycard at the end of last month. They wrote back to me fairly sharpish - a copy of the letter is on the following links.

Here's the first page:

http://i773.photobucket.com/albums/yy19/jimbob_2010/Barclaycard1stCCArespletterp19feb.jpg

And page two

http://i773.photobucket.com/albums/yy19/jimbob_2010/Barclaycard1stCCArespletterp29feb.jpg

And then the terms and conditions

http://i773.photobucket.com/albums/yy19/jimbob_2010/BarclaycardTC9feb.jpg

A few things. First, the terms and conditions have typed on the back T & C 1992. My Barclaycards were taken out well before this time.

Second thing is page two of the letter where they basically say that they have fulfilled their obligations. In my view they haven't. I'm assuming that I go to the CCA follow up letter now. Just checked and it looks like it's the CCA Dispute - Terms & Conditions Supplied letter.

Many thanks for this thread and big thanks to Never In Doubt for all the hard work that he puts in.

Cheers

Jim

maz1964

hiya Niddy

well got a reply from Apex Credit Management who have returned my 1.00 postal order for my CCA request

and state "they are not the data holding branch and therefore not obliged to supply the data you have requested, this information should be requested from our clients.

Please contact our client directly for a copy of your credit agreement - our clients address is Barclays Partner Finance up in glasgow"

also the letter gives an account number .

Now - im looking at my paperwork incase any info came from Barclays when i did a Sars request last year

however,
1. do I request again to Barclays Partner Finance the CCA now with a another postal order made payable to them?

2. So what is Apex now just a chasing up type of company? Do I send them a letter as they sent it recorded delivery so they know ive had it - advising them why bother me when they dont hold the correct data and to never contact me again or is it wise just to ignore them and deal directly now with barclays partner finance?

Cheers for your guidance have fun maz:)

10past6

Hi Maz

maz1964 wrote: »

and state "they are not the data holding branch and therefore not obliged to supply the data you have requested, this information should be requested from our clients

If you are paying Apex, reply to them quoting:

Section 175 of the CCA 1974:

175 Duty of persons deemed to be agents

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith