Unenforceability & Template Letters III

never-in-doubt

gems3286 wrote: »

Hi NID,

Needing a bit of help.

I have sent to two of my debt companys a template letter you gave me the template is below.

I have sent them this letter and they were both recieved on the 26th feb. Now i'm wondering i haven't heard anything from them so far. How long do i leave it for them to get in touch and what is my next step?

Any help would be great.

Gem

Hiya dont quote my own letters, just tell me the name of it - thats fine.

You just sit and wait, send the following letter: CCA Dispute / s.10 Cease & Desist :D:D

never-in-doubt

missal wrote: »

Hi received a reply to my cca request from debt manager who are acting on behalf of abbey.

They seem to have supplid me with a photocopy of my agreement, a little blurred and the terms and conditions cut off on one side.
Where can i check what they should say?

Thanks

I agree with Tixy - thanks Tixy...

Tixy wrote: »

Here is the Prescribed Terms to check against.

But if the document is illegible then you send this http://forums.moneysavingexpert.com/showpost.html?p=30356073&postcount=12

missal wrote: »

Hi,
should i scan the letter in so you can see it?

It's not trms and conditions sorry it's the customer declaration that has been chopped, unless that another name for terms and conditions, i got none.

Missal

Load it up so I can see it please......

never-in-doubt

johnglov wrote: »

I too have had this response to a CCA request from barclaycard. Unfortuneately I have paid the next payment but I won't pay anymore until I get a response to the letter. Should I send a CCA reminder or just do nothing? Thanks for your help!

Just ignore them til they respond....

Stop payments as well....

never-in-doubt

swanfan02 wrote: »

Hi NID Had a response from Lloyds/TSB. They have sent terms & conditions plus long winded letter stating they are looking for signed agreement & wouldn't have opened account without one etc etc. My question is they have responded very quickly, do i need to wait for the 12 days to be up before sending CCA Query Terms & Conditions reply?

You leave them a month to find the CCA. Its unenforceable anyway so why rush them? Until they now supply it, the debt is unenforceable.

never-in-doubt

terimon wrote: »

Received this from MBNA today. To be honest i dont have a clue what to think or to do!

Wont be doing nothing until i hear from NID :T

Ermmm, did you offer them £5k mate?

That confused me

never-in-doubt

Mateusrojo wrote: »

Hi Nid

WOW! Impressive mate - want to cover for me when i'm off? Seems my process is simple to follow after all - yes, you're right with each point.

Well done and keep up the hard work, you're getting there slowly but surely.

Thanks again :T :T

never-in-doubt

cejsmith wrote: »

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???

An overdraft is an informal arrangement, thus not governed by CCA.... no way to attack it - ever!

never-in-doubt

InDeepDebt wrote: »

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.

As Libby stated - stop worrying, it is the same account - unless you made a new application with a new agreement and credit search, of course?

Thus replacement cards do not constitute a new account - stop worrying!

Thanks LibbyJade :T

never-in-doubt

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.

Nice one - well done (another unenforceable one) :T :T

never-in-doubt

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

No you never make an offer - why do such a thing? If you have money to burn then pay the debt! Sorry but that kind of talk winds me up!

Of course you do not make an offer to repay an unlawful debt! :rotfl: