Unenforceability & Template Letters III

k4j

never-in-doubt wrote: »

What is the current state of affairs with Barclays, have you CCA'd them and awaiting a reply?

Hiya NID,

Yes I have CCA'd all of them inlcuding barclays. I have not recieved any CCA from them. All they sent me was a letter telling me i must pay the debt and it is fully enforcable. And yesterday I recieved the letter from the debt collectors.

Also Abbey and virgin (link) have sent me a letter couple of days ago telling me it is not unenforceable and that they have not breached any of their guidelines. This is their final response:

“ we maintain we have not breached the guidelines that govern our organisation and will therefore be taking no further action regards to your complaint this time.
We can confirm the information you requested has been ordered from MBNA Europe bank limited and we hope to provide this to you as soon as it is received. Unfortuantely this is taking longer then previously anticipated. We can confirm we are holding your account until this situation can be resolved. “

They have also highlighted the McGuffick v RBS case.
Any ideas what I should do next?.
Thank you

never-in-doubt

k4j wrote: »

Yes I have CCA'd all of them inlcuding barclays. I have not recieved any CCA from them. All they sent me was a letter telling me i must pay the debt and it is fully enforcable. And yesterday I recieved the letter from the debt collectors.

Send this to Barclays with a copy of the letter below - CCA Dispute / s.10 Cease & Desist

Send this to the DCA with a copy of the letter above - Account sold whilst in Default of CCA Request

k4j wrote: »

Also Abbey and virgin (link) have sent me a letter couple of days ago telling me it is not unenforceable and that they have not breached any of their guidelines. This is their final response:

They say themselves that they have ordered it, so you sit back and wait and see what happens. Until such time they send the CCA it is 100% unenforceable. C0cky sods, even when it comes I doubt it will be enforceable.....

k4j wrote: »

They have also highlighted the McGuffick v RBS case. Any ideas what I should do next?.
Thank you

They all quote that but they do not have a clue about that case. It was specific in that it allows them to report to the CRA's woohoo, we know that! I say in post 1 that you'll get a default - we know this already!

idiots! :mad: :mad:

k4j

never-in-doubt wrote: »

Send this to Barclays with a copy of the letter below - CCA Dispute / s.10 Cease & Desist

Send this to the DCA with a copy of the letter above - Account sold whilst in Default of CCA Request



They say themselves that they have ordered it, so you sit back and wait and see what happens. Until such time they send the CCA it is 100% unenforceable. C0cky sods, even when it comes I doubt it will be enforceable.....



They all quote that but they do not have a clue about that case. It was specific in that it allows them to report to the CRA's woohoo, we know that! I say in post 1 that you'll get a default - we know this already!

idiots! :mad: :mad:

I have previously sent this to Barclays - CCA Dispute / s.10 Cease & Desist
do i send it again?
I followed all the steps you told me to on your other thread..
I have noticed you have updated the templates since then.
Shall i send the final debtors response letter to all the creditors? Or shall i just wait and see what they come up with?
Thanks

never-in-doubt

k4j wrote: »

I have previously sent this to Barclays - CCA Dispute / s.10 Cease & Desist
do i send it again?
I followed all the steps you told me to on your other thread..
I have noticed you have updated the templates since then.
Shall i send the final debtors response letter to all the creditors? Or shall i just wait and see what they come up with?
Thanks

Send this to Barclays then, if you've already sent the s.10 - Debtors Final Response - No CCA Received

Yea, send it to them all lol

k4j

never-in-doubt wrote: »

Send this to Barclays then, if you've already sent the s.10 - Debtors Final Response - No CCA Received

Yea, send it to them all lol

Thank you NID, your help is so much appreciated.

Peppa-Pig_3

never-in-doubt wrote: »

Hiya-


Halifax = is this 2 accounts? I'm totally confused, sorry. Maybe you need to name the pages so I can understand them - I only need to see
the CCA and signature page - anything else i'll ask for....:D
i
Crappy1 = Unenforceable. Send this:

Tesco = Assuming at the bottom of page 1 where it states "Declaration" - your signature was there - it is enforceable. If it wasn't, what was there?

hi nid

halifax is only 1 card but they sent 2 diff terms and conditions and no sign ?!?!?!


cool with crap1 woop!!!


tesco - the sig is completley missing. nothimg at all on the first page. geussing it shou ld be on page 4 which they just didnt send me at all.

thanks for all your help


pp

Peppa-Pig_3

never-in-doubt wrote: »

Hiya;

natwest
M & S
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)....

Nid

Any look on these first ones ? im guessing they are enforcable but really hope not.


thanks again for all your hard work reall not sure how u manage it but your fantastic :j:j:T

never-in-doubt

Peppa-Pig wrote: »

halifax is only 1 card but they sent 2 diff terms and conditions and no sign ?!?!?!
cool with crap1 woop!!!
tesco - the sig is completley missing. nothimg at all on the first page. geussing it shou ld be on page 4 which they just didnt send me at all.

Send this to all three of above: Debtors Final Response - CCA Received

All of them are unenforceable, assuming what you state is correct.... :D

never-in-doubt

Peppa-Pig wrote: »

Nid

Any look on these first ones ? im guessing they are enforcable but really hope not.

thanks again for all your hard work reall not sure how u manage it but your fantastic :j:j:T

Hmmm, they do seem enforceable from first glance BUT I need to spend some time on them, search for that needle if you see what I mean?...... bear with me, i'll sort later today ok?

cejsmith

never-in-doubt wrote: »

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

shame that I suppose it only comes under the CCA if their view you have defaulted and it's in effect converted into a loan. If it is informal though can they ever take you to court over it?