Unenforceability & Template Letters III

cejsmith

I've got a quick question on overdrafts, I was wondering why they seem to have been excluded from the CCA1974 and if there was anyway of attacking them along similar lines???

InDeepDebt

Oh no!

I think that it may have gone all wrong; can someone advise please?

Two of the cards that my wife and I own are quite old; one’s about 10 – 15 years old (MBNA) and another’s about 20 years old (Lloyds). We’ve also got a few other cards too.

Anyhow, the two cards mentioned above I was going to see whether or not they were enforceable soon. However, both have had new numbers fairly recently.

The MBNA one I wasn’t using and I misplaced the card somewhere in our house. I then needed a query answering on it and whilst on the phone, the operator decided that the card was lost and cancelled the card and issued me a new card (new number). This was in the last couple of years.

With the Lloyds card my wife received a phone call to advise that the card had been cloned. Again, the card was cancelled and a new one issued (new number). This was in 2008.

Question. Does this mean that the start dates of the cards will be after 2007 or will the start dates be the original dates? I fear that I know what the answer is. The balance of the two cards is £25k!

Cheers

Jim

libbyjade

k4j wrote: »

Hi NID,
How are you?
I don’t know if you will remember me, but I have followed your advice so far and have found out my HSBC account is enforceable. Sky card have not replied at all. Capital one sent me a letter saying account is enforceable. They also sent me an application form with my signature and their signature on it. At the bottom of the application form it says…
Credit card account agreement regulated by the consumer credit act 1974.
“…the credit reference agencies and fraud prevention agencies will also use the records for stastical analysis about credit and fraud. I have read the terms and conditions setting out the agreement with capital one and if my application is accepted, I agree to be bound by these terms and conditions as amended from time to time.”

Does the highlighted part means it is enforceable?

Hi K4j, Niddy is probably taking a well earned rest, but hopefully I can answer the above section for you as I am also dealing with Crap 1.

They too sent me the same application form with my signature on it and it also had the same wording as you've highlighted. However the key thing Nid told me was that it is not a CCA only part of an application form and therefore never intended to be the true CCA.

With regards to the rest of the wording it does not link the agreement to T&C's anywhere so you should be safe that this is just as unenforceable as mine mate!

Before spending any money though, I would wait for confirmation from Mr Doubt first

libbyjade

InDeepDebt wrote: »

Question. Does this mean that the start dates of the cards will be after 2007 or will the start dates be the original dates? I fear that I know what the answer is. The balance of the two cards is £25k!

Hi Jim,

I'm sure Never-in-doubt will give you 100% assurance when he's back, but my understanding on this is that the agreement will still go back to the date the agreement was made. Getting replacement cards or account numbers will not change this. So you'll be fine to send CCA requests off.

As Nid always points out though is that you will have to stop paying at some point if you've not already and that will lead to defaults being placed on your account.

see the FAQ if you've not looked already to see the impact of sending a CCA request . http://forums.moneysavingexpert.com/showpost.html?p=30360129&postcount=35

hope this helps

tryingto

Had a bit of good news, well I hope so! Got a letter saying a debt collector will be treating one of my accounts as irrecoverable. Really pleased. Then they say though they will keep trying to get the documents, however, and if they do they will be coming to me to collect. For now I am happy. I worry that they will come after me again, but nothing I can do I don't think. Cheers.

k15a

Hello NID,
I am new to this forum and I hope you don't mind me asking you for help.
I would like to ask your advice, if possible, as my situation is different, as I am based in Ireland.
I've been reading Irish CCA 1995 and find it difficult to understand, whether it's possible to get your debt wiped or not.
Also I find that all Irish consumer debt system is so outdated, some existing debt laws date back to the 1840s:mad:
A "simple" Irish bankruptcy could last at least 12 years, whilst a "simple" UK bankruptcy could last just one year.
Can I ask you please to give your opinion whether I have chance to wiped off my debt or its not possible with Irish regulations.
I have €10K debt to MBNA(that is only one loan I have)
At the moment I am still making my monthly (minimum) payments which are a big struggle for me.
Also I am requesting overlimits fees refund using Templates from MSE(without any luck so far)
I have time to prepare myself for the next step requesting CCA, etc.
I don’t have information whether I have been defaulted or not.
I am not really bothered about being defaulted.

I would much appreciated help of any kind.
Thank you very much in advance.
Regards,
K15a

InDeepDebt

tryingto wrote: »

Had a bit of good news, well I hope so! Got a letter saying a debt collector will be treating one of my accounts as irrecoverable. Really pleased. Then they say though they will keep trying to get the documents, however, and if they do they will be coming to me to collect. For now I am happy. I worry that they will come after me again, but nothing I can do I don't think. Cheers.

Is it worthwhile with an unenforceable debt to offer a severely reduced F&F payment - say 10 - 15%? Or, is it just a case of waiting and hoping that six years passes and the debt becomes statute barred and that they don't find the documents (if there are any) before then?

Jim

libbyjade

InDeepDebt wrote: »

Is it worthwhile with an unenforceable debt to offer a severely reduced F&F payment - say 10 - 15%? Or, is it just a case of waiting and hoping that six years passes and the debt becomes statute barred and that they don't find the documents (if there are any) before then?

Jim

Jim, if a debt is unenforceable you don't need to pay anything off it at all :j It does exactly what it says on the tin! Surely if a OC has the agreement they will provide it when you cease payments.

If they don't provide it within a few months of your request then it is highly unlikely they will provide it within the 6 year period - make sense??

BigCraigJohn

Well It was with my Lloyds account. Just send what you have now and they should send the original from when you opened the account.

libbyjade wrote: »

Hi Jim,

I'm sure Never-in-doubt will give you 100% assurance when he's back, but my understanding on this is that the agreement will still go back to the date the agreement was made. Getting replacement cards or account numbers will not change this. So you'll be fine to send CCA requests off.

never-in-doubt

One day away and I come back to like 200 PM's and panic stations! :rotfl: :rotfl: :rotfl: