Unenforceability & Template Letters III

thechippy

To back up niddy with his cause.....

Why people fight back


1. You’ve been a loyal customer to your bank for years and never missed payments.

2. You fall on hard times. Wanting to do the right thing, you ask your bank to suspend interest and allow reduced payments until such time as things improve.

3. Bank invariably says no.

4. Some have been known to agree and you begin making payments, but without warning you receive a letter from a DCA. (They reneged).

5. In any event, they default your credit file, despite the fact you are trying to be honourable and do your best (nice of them).

6. They will sell the account to a DCA for pence in the pound, but don’t make you this offer to ease your situation, despite the fact that you have probably already repaid the capital and some substantial interest.

7. They blatantly missold PPI for years.

8. They suffer little to no loss in the event of non payment, as the account will become a tax write off.

9. Upon default, they add as much interest and other charges as possible, to artificially inflate the debt to get an even larger write off.

10. Rather than try to help, they lose all morals the second you have difficulty.


Is it any wonder that people are fighting back?

They have brought this upon themselves and should be treated with the contempt they deserve!

Goodtimesahead

never-in-doubt wrote: »

The following letter would be sent when your account has been sold to another DCA/Solicitor when the original creditor/lender failed to acknowledge your CCA Request.

This should be sent to whoever is hassling you for the debt, if it happens to be the Original Creditor (OC) then amend the letter by removing the parts that mention returning the account to the OC.

Account sold whilst in Default of CCA Request

Niddy, brilliant as ever, thanks a million, will keep you posted about Amex progress:A

ejc81

never-in-doubt wrote: »

You know what? I think the easiest thing to do here would be to actually report them now, to the FOS and send a copy of your last letter with your complaint.

See what they do...... if the default is removed then the o/s balance doesn't really matter cos there will be no trace of any account anyway! Trust me, try this route first

Ok I'm half asleep and you are definately a vampire :eek: 7am!!!
Who is/are FOS? (like I said I'm half asleep so be gentle lol)

With regards to the balance I have just applied for CR from cowboycredit and HFC have also defaulted me for the same debt grr

I'm not that worried about the HFC one because surely not many lenders use cowboy credit for application checks do they? It doesn't appear with the other CRA's. Actually I'm thinking all of this may be better suited to your Invalid Default Notices thread so feel free to move it if you like.

The other thing I found when I was looking for info on 1st Credit is that the OFT has imposed requirements on them this is the press release basically they've been warned about being unfair, ignoring disputes etc. I was wondering if mentioning the OFT to them, or complaining to the OFT get me anywhere? Or I will go straight to CRA's like you said?

I'm happy to go with whatever you think

never-in-doubt

Goodtimesahead wrote: »

Niddy, brilliant as ever, thanks a million, will keep you posted about Amex progress:A

Mate its this letter you should be sending....? #585

You quoted the letter from page 1 - make sure you send the right ones

never-in-doubt

ejc81 wrote: »

Ok I'm half asleep and you are definately a vampire :eek: 7am!!!

I changed my original post mate - added this:

Ok, second thoughts lets try sending this to the CRA's - Default Removal Letter to CRA's with a copy of your last letter here: http://forums.moneysavingexpert.com/...postcount=2187

See what they do...... if the default is removed then the o/s balance doesn't really matter cos there will be no trace of any account anyway! Trust me, try this route first

Also FOS is this! our complaints procedure and how to complain

Goodtimesahead

never-in-doubt wrote: »

Mate its this letter you should be sending....? #585

You quoted the letter from page 1 - make sure you send the right ones

Yes thanks already sent, if only I could see their faces when they receive it:D:D
Sorry.. Sunday night, brain a bit drained !

Keep up the excellent work Niddy, many people on here are learning a huge amount from your vast knowledge in this field. Hope that doesn't inflate your ego too much:D

ejc81

never-in-doubt wrote: »

Also FOS is this! our complaints procedure and how to complain

lol I did say I was asleep:rotfl:

Thank you I'll get printing tommorow

never-in-doubt

thechippy wrote: »

They have brought this upon themselves and should be treated with the contempt they deserve!

Nice post matey

Pugface_2

Hi NID,

Finally managed to get my post count up so I could post links.

Here are the copies of the documents I received recently from Abbey and Cap1.

Abbey1
Abbey2

Abbey also sent through a copy of the current terms and conditions, but not a copy of the terms and conditions that aplied at the time

Cap1-1
Cap1-2
Cap1-3
Cap1-4
Cap1-5
Cap1-6
Cap1-7
Cap1-8
Cap1-9

Thanks again for this - I can't tell you how much it means to me to have you here and looking at all these.

Cheers,

Paul.

never-in-doubt

Capital One

Pugface wrote: »

Cap1-1 - Cap1-2 - Cap1-3

Bog standard cover letter - means nothing really....

Pugface wrote: »

Cap1-4 - Cap1-5 - Cap1-6 - Cap1-7 - Cap1-8

These are the prescribed terms, set out over 4 pages which immediately invokes unenforceability - its funny to see they have sent the current terms - the late payment charge shows £15 - that's the giveaway here!

Pugface wrote: »

Cap1-9

As I always say, I can sign a Mars wrapper but if it doesn't have the prescribed terms on it then it means jack !!!!!! in court! Yes, there is a section above the singature box that states you agree to the terms - but what terms? Any terms? Please be specific - see my point?

Basically - this is unenforceable and you should respond by sending this back to them: CCA Query - Terms & Conditions Supplied