Unenforceability & Template Letters III

ju34514

never-in-doubt wrote: »

Send this back to them:



Sorry, is this a fixed sum or a running account? What i'm getting at, is this a personal loan account or a catalogue account? So, the application thing they sent you - is it yours, did you sign that form when you opened the account?



They should send a copy of the NoA to you, but this is no biggie and doesn't make the account unenforceable in itself, at the end of the day they can retrospectively sell the rights to the debt whenever they like.

If you signed the form they have sent, forget this one. If not, then is it a forged copy? Regards to 3 & 4 - as with 1 & 2, a copy of the agreement etc would be good?

I think you need to tell me a little more, such as balances, types of accounts etc... i.e. why did you have 4 catalogues with the same company - is this normal behaviour?

Hi NID,

Thanks for your prompt reply, I will send cca query to Additions Direct. With regards to the rest, I will have to sit down and have a proper look at what they have sent and then try to explain myself better, sorry to confuse you, I confuse myself with all this, it's a bit overwhelming.

With regards to your question about it being normal behaviour to have 4 catalogues with same company, you are right of course but when I took them out I honestly didn't realise they were all same company, stupid eh ?

I'm definitely not normal :rotfl:

Thanks NID

never-in-doubt

ju34514 wrote: »

Hi NID,

Thanks for your prompt reply, I will send cca query to Additions Direct. With regards to the rest, I will have to sit down and have a proper look at what they have sent and then try to explain myself better, sorry to confuse you, I confuse myself with all this, it's a bit overwhelming.


Thanks NID

Hiya

Ok, if you can - forget grouping all 4 accounts and deal with one at a time, then move to the next and so on. It'll make life easier being they are all from the same company - which will not only confuse you, but me and probably everyone who reads this lol......

KipKip_2

never-in-doubt wrote: »

Ok, you say your credit is ruined - how exactly? If you have other defaults, who with and how much for and how long is left?

Final point, do you bank with Abbey? if so you need to move away cos they will dip into this for the loan repayments (right of setoff - RoSo)

If you're already in debt for like the foreseeable future then it can do no harm, i've just got to make you aware of the fact they will default you....

I have a default with First Direct for an overdraft approx 2 years ago... think this was for £500 roughly (I was an idiot! - now that is defaulting for no reason other than I was an idiot!!!!) this is settled now tho as I paid it...

think credit rating went right down when i owed the height of my debt about £20k, then the above happened in the middle of it all... was making minimum payments on cc's, sometimes late, always paid mobile bill late/got cut off numerous times...so think an accumilation of all this has made my credit file bad.

No I don't bank with Abbey....

I could be debt-free by September 10 if i put my mind to it & didnt spend a penny as that was the plan anyway to clear way for college, suppose i was looking for an easy way out - so I will reconsider whether i want another default or not!

thanks NID :D

libbyjade

never-in-doubt wrote: »

Ooops sorry mate wasn't with it earlier - I had that much going through my mind I confused myself totally (and you, by the sounds of it)....

How dare you sleep - how unthoughtful & inconsiderate of you!! :rotfl:

No problem pal, as mention in my PM to you, I was glad to hear you are human after all :j

never-in-doubt

KipKip wrote: »

I could be debt-free by September 10 if i put my mind to it & didnt spend a penny as that was the plan anyway to clear way for college, suppose i was looking for an easy way out - so I will reconsider whether i want another default or not!

thanks NID :D

Hiya

Ok, that makes more sense now...... bear in mind that your 1st Direct default will still be there for at least 4 years (it stays for a maximum of 6).... so another won't really hurt, it'll just mean you won't get credit for 6 years as opposed to 4 years.....

never-in-doubt

libbyjade wrote: »

No problem pal, as mention in my PM to you, I was glad to hear you are human after all :j

Reply to PM/Email is as follows mate:

Hi matey

Capital one terms do appear correct, see here what this guy says: #1

He confirms in 2006 it was £20 so it may well have been in 2004 as nothing changed between 2004 and 2006 (it was 2007 that major changes came in).....

Right, to the documents sent.

1. The addresses differ from CCA to Terms
2. The CCA is not a CCA - it is an acceptance sheet as part of an application form
3. There are no prescribed terms :rotfl:
4. The prescribed terms are not on the same page as the signatures nor are they linked to (because there are none!)
5. The only linking refers to s.23 of their terms and the fact you have read and agree to their terms overleaf
5a. There is no s.23 attached and their terms that they did attach do not contain prescribed terms nor a s.23
6. There is no mention of minimum repayment or allocation of payments or percentages (apr) etc....
7. The terms they sent go from number 1 to number 9 and is not relevant nor legally classified as a compliant CCA.

This, my friend, is guaranteed unenforceable, forget the fact the agreement is signed by you both! That means nothing.... we could both sign the back of a mars wrapper - doesn't make it legal or enforceable does it?

Blessed_+_highly_favoured

Hiya

Thanks for responding - ok, you should send this letter to them: 4 CCA dispute.

Can you confirm, I asked when you last paid and you said you didn't know. Then further down you said you last paid last month (confusing lol)...:p

Regardless, you cannot request CCA for an overdraft you need to repay this or ignore it but with respect to credit cards etc they should comply or you stop paying, but as you've been defaulted already (normal practice) then you may be better just sending the above letter and ignoring them.

Hi NID

Did not notice that the other thread was closed!!!

You were nice enough to give me the above response to my query about lack of communication from the DCA after I sent them the CCA letter last year. I think that now they have done a sneaky and sold the debt on, as a different company is now bothering me for the debt. What should I do? I did not get around to sending the company the above letter, and now I am getting phone callls and letters from someone else!! Any thoughts would be great!! XX

razer12121

guys i have a thread on my disput but thought i would ask. on the 17th i sent a CCS reqeust and i got a letter back,

http://i144.photobucket.com/albums/r175/razer12121/img017.jpg

as you can see it does not refer alot just that they want me to make a payment. suggestions?

mk1golf

Hi Niddy.....great work on the new, improved thread :beer:
The mother in Law has had a response back from Lloyds TSB credit card after sending the "in dispute" letter.
Nothing extraordinary in the letter, just the usual they dont agree with our complaint and that they would have required sight of a signature to open the account (this account is from before 1985). In addition they point out this account has been drawn down and repaid on multiple occasions, thereby acknowledging that your agreement is valid and enforceable.
They resort to the McGuffick case and state that even if an agreement is unenforcable (which they strongly deny) the debtor is still legally obliged to repay the money owed, that they can report or threaten to report to CRA's, disseminate or threaten to disseminate the debtors personal data regarding the agreement to any third party, or instruct third paries to demand payment from the debtor and to threaten to issue legal proceedings. Given the above, we trust you will re-commence payments as we suggest.
This letter does say in the last paragraph, that if you feel unhappy with their reasons, please treat this as their final response and refer it to FOS.

Do I send Lloyds TSB the final response letter, leave them to simmer or something else?

Thanking you in advance :T:T

never-in-doubt

Please do not quote this post or reply to it

I've finished the Unenforceability Checkers - a useful tool that allows people to check their own agreements.... however, being the author (and head mashed) leads to silly mistakes so can you guys test them and let me know of any changes / mistakes?

Please remember, don't quote this message as i'll delete it shortly, and PM me anything you notice - this way the thread will stay on track...

Cheers :beer:

Unenforceability Checker - Part 1
Unenforceability Checker - Part 2
Unenforceability Checker - Part 3
Unenforceability Checker - Part 4
Unenforceability Checker - Fixed Sum Agreement (Loan)
Unenforceability Checker - Running Agreement (Credit Card)