Unenforceability & Template Letters III

sw1sst

never-in-doubt wrote: »

Ok, Ignore last letter/advice. Can you confirm do you have anything from Barclays - have you seen the CCA or anything?

from the initial investigations carried out by Monster I got sent a few documents from BC, these were basically photocopies of BLANK credit agreement forms without any handwriting on at all let alone my signature.
Then a month or so down the line I the recieved a massive computer print-out maybe 40-50 pages worth of account details, account balances mainly, again no handwriting and defo no signature as it was all dotmatrix printer output.. I will contact monster to ask them for all these bits and bats back seeing how they aren't pursuing it further. will let you know how I get on.

never-in-doubt wrote: »

- If not then it'd be better to start from scratch so I can see what they do or don't have. As you have a mortgage I am not happy at trusting a 3rd party claim firm and would rather see the CCA myself - is that ok?

that's fine. I instruct them that I'll pursue under my own steam, of course thanking them for their efforts.

never-in-doubt wrote: »

You realise though at the end of it all you will get a default - are you happy with that? If not then forget this route....

excuse my ignorance, give me a computer I know where I am, give me personal finance I am a little lost to say the least....I take it this will just make it a little more difficult in future to get credit yes ? but not impossible??

never-in-doubt wrote: »

Bet you feel better already after the confession? Well done, don't be ashamed, the fact you're dealing with it shows immense maturity in itself. :D:D

Thanks.

never-in-doubt

Pugface wrote:

Hi NID,

Here are the links to the two pages of the Abbey agreement.

Cheers for this.

Right matey - I bloody knew it!

Better news - its unenforceable after all..... sorry about this, I knew something was not right! Cheeky beggars lol :rotfl::rotfl::rotfl:

Ok, look at page 1 - just above the signature box here:



See the mistake yet? (I missed it twice before!).....

Ok, i'll explain...... "I have received a copy of and agree to be bound by the MBNA credit card terms & conditions".....

Ok, but they need to be linked! I assumed they linked to part 11 (as mentioned here):



However - terms referenced to .11 are irrelevant after all - see here:



So, what you do now is send this back to them - CCA Query - it is 100% unenforceable :T:T

never-in-doubt

BrightonSun wrote: »

I am really worried now, Can they take everything and actually leave you without money?

!!!!!! X100000000000 I have no time to open a new account and change as our Payroll at work has been closed for the month.

See this: #762

Get a new account opened - anywhere! But get the hell out of your bank that you're trying unenforceability with..... sorry I never spell this out, I do assume certain things remain common sense.... but yea, they'll take the whole wage if you're in arrears! :mad:

Tell payroll to cancel your wages as your bank account was frozen due to fraudulent activity when you recently lost your card - they should pay you cheque or retain it for a while..... get this sorted like yesterday - it takes 2 minutes to walk into a bank and open an account.

never-in-doubt

BrightonSun wrote: »

Just a quick question. Going to send off the final letter to First Credit today re Aqua Debt as they have not come back with anything!.:D

Also re my Barclaycard CCA thing I am going through got a couple of questions:
I sent the first letter off 12 days ago now and have posted the response I got from them on here (Nothing basically) Do I not sent the 12+2 letter? Never in Doubt if you read this :-) You said no? So am unsure if I should send it or not?

Finally I have a Barclay's account and I am so worried that they are going to swipe my wages when they come in? Can they do this? I've left it too late this month to open a new account to get my wages in? But while they have not sent the letter can they still remove money from my bank account? (Never set up a DD used to pay online with a debit card (number of debit card changed since last payment) :eek:

Right, luckily for you they will not take your wage - panic over....

You've only sent the CCA Request - they have not replied right? So between now and then DO NOT SEND ANYTHING ELSE TO BARCLAYS so long as you bank with them - just leave unenforceability on hold until you sort your wages then come back to me.

Do not send a reminder - it is not always needed and in your case you will never send one, that is why I said this originally! It wasn't a mistake - its a plan! :o:o Why did you feel the need to say "NiD says no - so should I or shouldn't I"? Don't you believe me? lol

BrightonSun

never-in-doubt wrote: »

See this: #762

Get a new account opened - anywhere! But get the hell out of your bank that you're trying unenforceability with..... sorry I never spell this out, I do assume certain things remain common sense.... but yea, they'll take the whole wage if you're in arrears! :mad:

Tell payroll to cancel your wages as your bank account was frozen due to fraudulent activity when you recently lost your card - they should pay you cheque or retain it for a while..... get this sorted like yesterday - it takes 2 minutes to walk into a bank and open an account.

Arrghhh Right OK I'm on it.

One more question I also hold a joint account with my partner at the same bank which our rent goes out off (It's not used for anything else) Can they remove money from a joint account?

never-in-doubt

BrightonSun wrote: »

Arrghhh Right OK I'm on it.

One more question I also hold a joint account with my partner at the same bank which our rent goes out off (It's not used for anything else) Can they remove money from a joint account?

yes!

Jesus i'm getting wound up now lol....

Sorry but let me put this in plain english for you - you're about to steal or whatever word you use for it, thousands from a bank - why then, would ANYONE, with a brain want to even risk using them?

Sorry but your questions are like !!!!!!? I am sorry, i'm getting crabby again.... please think before you type! :rotfl::rotfl:

Barclays and You - cut all ties, that means anything with YOUR name on it must be closed or at least be £0 balance!

Pugface_2

never-in-doubt wrote: »

Right matey - I bloody knew it!

So, what you do now is send this back to them - CCA Query - it is 100% unenforceable :T:T

Hi NID,

Did I ever mention that I love you?!?!?! :rotfl::D:D

I'll get that off to them today!

You're seriously made my day!

BrightonSun

never-in-doubt wrote: »

yes!

Jesus i'm getting wound up now lol....

Sorry but let me put this in plain english for you - you're about to steal or whatever word you use for it, thousands from a bank - why then, would ANYONE, with a brain want to even risk using them?

Sorry but your questions are like !!!!!!? I am sorry, i'm getting crabby again.... please think before you type! :rotfl::rotfl:

Don't shout I have no idea when it comes to things like this!

Right I'm going to have to do some change about with the rent etc and get a new account. Thanks for your help though!!

never-in-doubt

Pugface wrote: »

Hi NID,

Did I ever mention that I love you?!?!?! :rotfl::D:D

I'll get that off to them today!

You're seriously made my day!

No probs mate - sorry for the confusion.... its sneaky but I found it eventually.... basically, the offer they made gave away something was wrong with the CCA and they KNEW it...... I unfortunately missed it.

That is why I always ask people to tell me what happens to enforceable agreements because the way the dca/lender act can determine the true nature of said original agreements.....

there you go, £6k better off already - not bad for 10 mins work :rotfl::rotfl:

never-in-doubt

sw1sst wrote: »

from the initial investigations carried out by Monster I got sent a few documents from BC, these were basically photocopies of BLANK credit agreement forms without any handwriting on at all let alone my signature.
Then a month or so down the line I the recieved a massive computer print-out maybe 40-50 pages worth of account details, account balances mainly, again no handwriting and defo no signature as it was all dotmatrix printer output.. I will contact monster to ask them for all these bits and bats back seeing how they aren't pursuing it further. will let you know how I get on.

that's fine. I instruct them that I'll pursue under my own steam, of course thanking them for their efforts.

excuse my ignorance, give me a computer I know where I am, give me personal finance I am a little lost to say the least....I take it this will just make it a little more difficult in future to get credit yes ? but not impossible??

Thanks.

Forget monster - ignore them and do as requested and start from step 1 - send the CCA request again please? Without that I would not be happy giving any advice.

Monster are just that, monsters. I'd rather trust ian huntley with my pre-teen daughter than trust Monster claims...... ;)

Yes, a default will last 6 years and restrict you obtaining credit. It explains this all throughout this thread....