Unenforceability & Template Letters III

never-in-doubt

roadster wrote: »

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.

I think it is enforceable mate. I honestly do. However it could be worth claiming unenforceability until they actually issue court papers (they may not) - so its up to you whether you call their bluff or agree to repayments?

PM me if you are unsure mate......

roadster wrote: »

Also Optima (MBNA) threatening letter today re charging orders etc. But they should be getting your awesome letter today. Will keep you posted.

I'd love to see how they get on in court trying to obtain a CO when the account is unenforceable and also in dispute :rotfl::rotfl:

roadster wrote: »

Have a good day off from the forum (you probably need it) will catch up later. Cheers Mate

LOL - cheers mate! Got drunk, proper drunk! :rotfl::rotfl:

chinawhite_2

Hi NID

Dont know if you remember but you advised me to send CCA dispute following receipt of cca from MBNA , this was sent last week and today I received a copy of what they had already sent me except this time the copy was all on one sheet, ie. front and back instead of on 2 separate a4 sheets like last time. This was just in an envelope with a comp slip. I think I have managed to upload finally (scanner was broken last time) and wondered if you could take a look and advise what to do next.


http://i827.photobucket.com/albums/zz195/chinawhite1/mbna/mbna.jpg

http://i827.photobucket.com/albums/zz195/chinawhite1/mbna/mbnabackpage.jpg

thanks CW

honey56

Hi Nid,

Rref roadsters post no 466 Mint I have had the same paperwork sent to me after I requested a CCA, mine was from 1999. Is it likely that all Mint/RBS are enforceable because of this paragrapgh

never-in-doubt

honey56 wrote: »

Hi Nid,

Rref roadsters post no 466 Mint I have had the same paperwork sent to me after I requested a CCA, mine was from 1999. Is it likely that all Mint/RBS are enforceable because of this paragrapgh

Hiya

I'm hoping not - its not so much that they are 'enforceable' due to that para - moreso they are enforceable anyway and I was hoping that para made them 'unenforceable' but that's a risky game because believe it or not, we're then trying to play silly beggars using technicalities which usually results in court - something that i'd strongly suggest was avoided at all costs.

As I say, its worth seeing what they do if you do send them the final response - CCA received letter - its worth a shot? If they respond with a court threat then post back and we'll move forward..... no harm in trying your luck, for all we know Mint may be good at copy/paste but without the original they cannot pursue court action anyway - so if you keep them waiting and played daft, one way or another you'd get to see the original...

never-in-doubt

chinawhite wrote: »

Hi NID

Dont know if you remember but you advised me to send CCA dispute following receipt of cca from MBNA , this was sent last week and today I received a copy of what they had already sent me except this time the copy was all on one sheet, ie. front and back instead of on 2 separate a4 sheets like last time. This was just in an envelope with a comp slip. I think I have managed to upload finally (scanner was broken last time) and wondered if you could take a look and advise what to do next.

http://i827.photobucket.com/albums/zz195/chinawhite1/mbna/mbna.jpg

http://i827.photobucket.com/albums/zz195/chinawhite1/mbna/mbnabackpage.jpg

thanks CW

Nothing changes - its an app form and the prescribed terms are not on the signatory page nor are they linked to it. It will always be an app form, it was never intended to be a CCA.

Send the relevant letter - assuming you already sent the CCA Dispute (I hope you sent the CCA Query letter though - not that it matters much...) - now it is time to proceed with this one: Debtors Final Response - CCA Received

*Pollypocket*

Hello, I apologise if I have missed the obvious but I've read this thread over and over and haven't seem to have come across it as yet.

I have recently sent a second letter off to Lloyds TSB regarding my CCA, as they say they can't find it and have sent me some mumbo jumbo trying to fob me off instead, etc.

My question is, if they cannot find the CCA do they stop charging interest for the time being. Obviously I'm hoping that they will never find it, but if they do, say in 2 years time, I would hate to think the amount of interest that would have added up over that period of time.

I would be really interested to hear from anyone else dealing with Lloyds at the moment too, to see how they are getting on.

Thank you so much...

never-in-doubt

*Pollypocket* wrote: »

My question is, if they cannot find the CCA do they stop charging interest for the time being. Obviously I'm hoping that they will never find it, but if they do, say in 2 years time, I would hate to think the amount of interest that would have added up over that period of time.

I would be really interested to hear from anyone else dealing with Lloyds at the moment too, to see how they are getting on.

Thank you so much...

Hiya

It doesn't matter what they charge - its unenforceable right? If for some miracle they find the original and try court, then you would argue the interest etc - not right now, as it does not matter either way!

Respond with this: Debtors Final Response - CCA Received

That should close matters, as far as you're concerned, unless they provide the original. Pointless arguing charges on an unenforceable debt - it could be £2 or £20k - who cares?

Hope that makes sense - if you need anything specific answering just ask away :D

*Pollypocket*

never-in-doubt wrote: »

Hiya

It doesn't matter what they charge - its unenforceable right? If for some miracle they find the original and try court, then you would argue the interest etc - not right now, as it does not matter either way!

Respond with this: Debtors Final Response - CCA Received

That should close matters, as far as you're concerned, unless they provide the original. Pointless arguing charges on an unenforceable debt - it could be £2 or £20k - who cares?

Hope that makes sense - if you need anything specific answering just ask away :D

Thank you very much for your speedy reply Much appreciated!

BigCraigJohn

Deleted the rant

never-in-doubt wrote: »

Hiya

Don't worry mate - as I say, some of the replies from lenders is enough to make you cringe so a simple typo doesn't matter, honest! Put it this way, the moment you ask for a CCA Request and send £1 they know what it is you want. If you asked for s.77 or whatever and it was not relevant they would KNOW this and supply the CCA in line with s.78, which would be the obvious route.... some lenders may make you feel daft and mention your mistake - but worry not cos they make more mistakes with each letter they send back..... read the last few pages to see my replies to a couple of lenders that have tried to 'act clever' and fell flat on their arsey!

You're safe, you have us on your side - the banks do not. :D

Just leave things as they are mate - calm down and await their replies then post back and update us, then we'll sort out your responses.

p.s. sorry about my original post - I did rant a little but removed the "rant" bit - however you kept it in your quote lol..... sorry about that!

Cheers :beer::beer::beer:

never-in-doubt

BigCraigJohn wrote: »

Deleted the rant

Thanks mate - so did I... :beer:

We all have bad days - sorry :p:p