Unenforceability & Template Letters III

never-in-doubt

maz1964 wrote: »

Good Morning back Niddy
thanks for all your replies today, much appreciated

my nice postlady brought me a letter reply today from Apex Management where i refresh your memory id resent them the postal order and told them in no uncertain terms to deal with my lawful request, and lo and behold

i get a same copy of the original letter and does not even refer to my second letter request (naughty naught)lol
of course returned my postal order again!!

So, what now please
1. do i wait it out and see if another dca pops up or send the request to partner finance, BTW i think ive found something that could be the cca but why should i not request it now again from the original creditor ?

am off to do a bit of shopping so will look in later this afternoon

as always thank you - maz:)

Right now the account is unenforceable and remains so until they comply with your request. Youve done what is required, so now its a case of BRING IT ON! If they attempt any action now, you'll win and get it struck out. They cannot take any action as s.127(3) & s.65(1) now applies.....

Basically, they've just wasted their legal entitlement.... i'd just send this off, just be certain and enclose a photocopy of your last two CCA request and a copy of their responses..... that way you're leaving them no doubt that you've got them by the balls....

CCA Dispute / s.10 Cease & Desist

razer12121

hello again NID, i got this in the post today...not sure if i should just ignore it or not?

"you have failed to respond to repeated requests to pay in accordance to your agreement.

Our client is about to issue a statutory default notice on this account which will request full payment of your arrears within 14 days. failure to do so will lead to us registering a default with the credit reference agencies which may affect your, and those you are financially associated to, abilitiy to obtain credit from other lenders for 6 years.

further action to recover this debt may result in the following:

a debt collector visiting you at your home
court proceedings may be issued
all court and solicitors fees will be charged to you.

you can prevent the above by paying the total amount due tof 289.63 immediatly."

now im pretty sure i should just ignore it but NDR are really ticking me of now, im dealing with the company not them so is there a way i can politly tell them to get lost?? thanks!

Peppa-Pig_3

Hi Nid

first time poster but been lurking for a while i've sent cca req to all of our creditors which heven help us we have a lot.

So far 6 have come back to us 5 credit cards and 1 loan but im now completly confused as to whether they are enforceable or not i really have a horrid feeling they are but i would really appriciate you casting your eye over them.

nid- thanks inadvance for posting the links and having a look.

never-in-doubt

razer12121 wrote: »

hello again NID, i got this in the post today...not sure if i should just ignore it or not?

now im pretty sure i should just ignore it but NDR are really ticking me of now, im dealing with the company not them so is there a way i can politly tell them to get lost?? thanks!

Mate which company is this and also what account and why have they sent that? Sorry but seen over 50 CCA's this week alone so you need to fill me in

However the letter you'd send is this Account sold whilst in Default of CCA Request

never-in-doubt

Peppa-Pig wrote: »

Hi Nid

first time poster but been lurking for a while i've sent cca req to all of our creditors which heven help us we have a lot.

So far 6 have come back to us 5 credit cards and 1 loan but im now completly confused as to whether they are enforceable or not i really have a horrid feeling they are but i would really appriciate you casting your eye over them.

nid- thanks inadvance for posting the links and having a look.

Hiya;

Natwest = http://s900.photobucket.com/albums/a...ig/Nat West/
M & S = http://s900.photobucket.com/albums/a...per_pig/MandS/
Cahoot = http://s900.photobucket.com/albums/a...er_pig/Cahoot/

I'll check them in more detail - also PM me the ones you got today and i'll update this post with the links.....

Initially they appear enforceable but i'd like to be at home and spend some time over them cos i'd like to think i'm not rushing through it.....

Final point, you mentioned a CCJ & CO had been registered? Send a PM to my mate 10past6 and tell him Niddy sent you and he will be able to tell you if we can get them set-aside, usually this is easy cos they act a bit too quick and miss key points thus resulting in the orders being invalid...

Not promising anything but definitely PM him and stick specifically to the CCJ & CO - he doesn't need to know about all the other accounts, as he specialises in the court stuff. Between us we'll confirm one way or another what your options are.

Chin up, its not that bad (yet)....

Peppa-Pig_3

Thanks nid your a star


:beer:

razer12121

never-in-doubt wrote: »

Mate which company is this and also what account and why have they sent that? Sorry but seen over 50 CCA's this week alone so you need to fill me in

However the letter you'd send is this Account sold whilst in Default of CCA Request

ah i see, well i will get that letter of to them on monday then luv it ,

on a side note NID its additions direct, part of the littlewoods group i belive

mk1golf

Hi Nid,

After Lloyds Tsb sent the Mother in Law their final response letter, I sent back your Final Response letter a week ago. Today she got a one page letter back from Lloyds Tsb all it says is "please refer your complaint to the FOS if you are unhappy with their decision"

Just checking that we do just sit tight and wait

never-in-doubt

mk1golf wrote: »

Hi Nid,

After Lloyds Tsb sent the Mother in Law their final response letter, I sent back your Final Response letter a week ago. Today she got a one page letter back from Lloyds Tsb all it says is "please refer your complaint to the FOS if you are unhappy with their decision"

Just checking that we do just sit tight and wait

Thats a stalemate - nice one! What you could do, if you feel brave is send them back my version of what they can do next and details for them to take their complaint to my FOS - i.e. the county court :eek:

But seriously, they've now accepted your final response with such a reply and therefore it remains unenforceable until such time they respond appropriately with the information you requested. If they fail to do so then they cannot take any action against you.

This, my friend, is unenforceable right now and you should ignore them.

Pugface_2

Hi NID,

After following through your template letters (thank you!), I've had a couple of bits back now from the credit card companies.

The first one from Abbey they sent is a "pre-selected credit card application form". It's got my signature on it, and all my details, but they should have sent through a proper agreement shouldn't they, or with this pre-selected thing would they have an agreement?

The other one that came through was from Capital 1. They've sent through a reconstituted copy of my supposed original terms and conditions, and also a scan of the signature box of the original agreement which shows my signature and the date. The letter that came with it says that on the reverse of the signature page was the terms and conditions in place at the time.

I've now received letters from both of them saying that they're now looking at other ways of getting their money including house sale, re-mortgage, etc. Capital 1 have already issued a default, but not Abbey yet.

What do you think my next step should be? Would you want me to post scans of the documents I received so that you could have a look at them.

Getting worried about it all again at the moment, and my wife is just about getting ready to kill me with all this going on!

Thanks in advance,

Paul.