Unenforceability & Template Letters III

bluemonday3

I meant to add would CCCS frown on me too for trying this?

BigCraigJohn

never-in-doubt wrote: »

No mate - they MUST have the original....

Ok lets play the game and send this back to them - call their bluff and if (only if) you get court papers then PM me asap!

CCA Query - Copy Document Supplied

Will do though, nothing to lose.

There was a thread somewhere where people were asking to go and look at there original agreements(same one as this) but they wernt responding, just setting DCA's on it but I dont think there was ever legal action. Lets see anyway

never-in-doubt

bluemonday3 wrote: »

Hi

I don't want to hijack this thread but need some advice please...
I am in DMP with CCCS and after advice have asked my creditors for my CCA.
Some have responded threatening me that they are enforceable but I am still waiting for responses to a couple.
I am within the time scale to send the next letter as I have heard nothing but don't know what to do as this refers to with holding payments which I have no control over as CCCS make these on my behalf.
I worried about what to do next as I have been threatened not to go down this route by my creditors!

You have to drop the payplan if you look into unenforceability. So, you have to decide - do you want to get defaults and hassle? If so then consider cessation of payments, come here tell me what is going on and we start from the beginning account by account.....

Its up to you but really need a lot more details, not about the DMP - sod them, they cannot get involved in this.... you may be better sending a PM to Tixy as she knows DMP's better than me and understands CCCS....

never-in-doubt

bluemonday3 wrote: »

I meant to add would CCCS frown on me too for trying this?

LOL - just a little...... :rotfl::rotfl:

bluemonday3

Thanks for your reply, I have received default letters on my debts anyway..will have a think about what to do, gosh this is so hard

never-in-doubt

bluemonday3 wrote: »

Thanks for your reply, I have received default letters on my debts anyway..will have a think about what to do, gosh this is so hard

Have a think, if you've got defaults then nothing to lose have you? Plus you don't have to pay anyone anything (to begin with) - so if at the end they are enforceable then you simply go to payplan or whoever and set up a new payment plan (if you wanted to)...

Locke

Hi NID.

I sent off for some CCA's last Monday and today I got a reply from Marbles.

They basically sent me a cover letter saying they've sent with this letter a copy of my current executed agreement and a signed statement of my account, they also say they've requested a copy of the original signed application form from the relevant department that I will receive separately.

They then go on to say that the copy of the agreement enclosed complies with the requirements of the consumer credit regulations 1983. Regulation 3(2)(b) provides that a copy can omit any signature box signature or date of signature. In summary we are not required to produce a copy with a signature on it, by providing a copy of the agreement complying with the requirements the agreement remains enforceable.

Stapled to that is a statement of my account they've just printed out stating balance, credit limit, interest etc which is from the date of the letter.

The actual CCA looks like a current CCA agreement that they might get new applicants to sign rather than the one from when I took out the card, the interest rate is from today rather than when I took out the card and the top of the CCA is blank for about 6 inches with my name and address printed on it, for some reason it's even got the expiry date the last card they sent me runs out on next too it so it's obviously not the one from back then.

I haven't got a scanner but I can get a picture of it if you need one before making a call on what you think.

never-in-doubt

Locke wrote: »

Hi NID.

they also say they've requested a copy of the original signed application form from the relevant department that I will receive separately..

Wait til it comes mate :p

Locke

never-in-doubt wrote: »

Wait til it comes mate :p

Will that be what I go off?

Whether that signed application has all of the terms?

coffeedog

Hi NID and everyone,

I posted back in mid-December as I had received a reply to a CCA request letter on a natwest loan account. They stated they had misfiled the agreement and would report me to CRA's if I didn't pay and and add a default, the usual . I have a second natwest loan account and have never recieved a reply to the CCA request, despite sending the reminder letter at the end of December, so i assume they can't find that one either. ( both pre april 2007)

I did something stupid though and sent the letters before I had moved my current account from natwest. I thought they would just send me the agreements and they'd be enforceable! You advised I move immediately and I set this in motion. Unfortunately, I tried to move to A & L 'cos of their £100 incentive. That absolutely sucked and last month I still was waiting to hear from them about switching, so I have now got an account with first direct and they are currently switching . They rock!

The thing is, I don't want natwest to suss I'm moving to stop paying the loans and go down unenforceability route, so I have carried on paying. I really don't want them to use ROSO, so I'm kinda hoping they'll close my accounts. They've let me cancel the standing orders, which is a good start. Once I'm switched next month I plan to stop paying both.

I don't mind getting defaults, because I am really struggling but don't want to get a CCJ due to my current account getting into debt if they use ROSO and me not paying it back. It's really important that I don't get a CCJ due to my job. Does that make sense ? Have i gone about this in completely the wrong way? I'm getting so nervous about it now.