Unenforceability & Template Letters III

mk_chatham

Hi All

Just checking a CCA request to Marbles sent out 14 days ago and noticed that I made a mistake in the account number, ie. XX8X instead of XX9X.

The request has arrived, been signed for and cheque cashed (of course this WAS NOT signed correctly, ).

Not heard anything from them.

Does this make my formal request 'invalid' and shall I send another CCA request ? and another £1.00 ?

Or shall I send the reminder letter and hope that they didn't even notice the mistake ?

Thanks for your help

MK

never-in-doubt

never-in-doubt wrote: »

Sorry mate I have not done that template yet

Sorry mate - i'm going mad! Its this template! CCA Dispute / s.10 Cease & Desist

Even though they have added the default, do not respond to it specifically.... we'll try get it removed later but to be fair you cannot really demand removal - unless it was incorrect in any way which right now doesn't matter cos if the debt is unenforceable and they then change the default, that means the DN will be deleted forever - 1 default - one debt. You cannot remove it and re-add it.

Just send the above letter and see what happens.

never-in-doubt

mk_chatham wrote: »

Hi All

Just checking a CCA request to Marbles sent out 14 days ago and noticed that I made a mistake in the account number, ie. XX8X instead of XX9X.

The request has arrived, been signed for and cheque cashed (of course this WAS NOT signed correctly, ).

Not heard anything from them.

Does this make my formal request 'invalid' and shall I send another CCA request ? and another £1.00 ?

Or shall I send the reminder letter and hope that they didn't even notice the mistake ?

Thanks for your help

MK

Don't worry about the error, they will find you from name and address and realise the error. As they cashed payment they have accepted your s.78 request so you sit tight. Send the reminder on Thurs 1st April if they have not responded.

mk_chatham

never-in-doubt wrote: »

Send the reminder on Thurs 1st April if they have not responded.

Thanks NID

I received a reply from the LLoyds TSB CCA enclosing a word processed 'Credit card aggreement' which looks just like terms and conditions to me, and the address is my current one, not the one at the time of application.

They are 'endeavouring to locate the copy of your signed agreement' blah blah blah and of course they think they have 'satisfied our obligation' and that it's 'fully enforceable'.

What do you think ? Hit the fools with CCA Dispute / s.10 Cease & Desist on Thurs 1st April.:rotfl:

Other CCA to Mint appears lost in the post :mad:

Thanks again

never-in-doubt

mk_chatham wrote: »

I received a reply from the LLoyds TSB CCA enclosing a word processed 'Credit card aggreement' which looks just like terms and conditions to me, and the address is my current one, not the one at the time of application.

They are 'endeavouring to locate the copy of your signed agreement' blah blah blah and of course they think they have 'satisfied our obligation' and that it's 'fully enforceable'.

Its unenforceable til you get it (the CCA) - they can endeavour to get it all they want! I wanna see it on here lol. So, you sit and wait - send nothing and obviously don't pay anything either!

Wispa1

HI NID - I hope you are well. Please can you answer a quick question. On a cca does it have to say clearly something on the lines of "signed on behalf of xxxx company" and then a signature and date?

If those words were not there but only a signature, it would make the agreement unenforceable as this could have been signed by anyone. Have I got that correct please? I hope that makes sense as I know my questions can be a bit way out there!!!! With many thanks in advance

never-in-doubt

Wispa1 wrote: »

Have I got that correct please? I hope that makes sense as I know my questions can be a bit way out there!!!! With many thanks in advance

Is it a loan, card, catalogue - what?

Regardless lack of creditor siggy (unless loan) would not affect unenforceability on its own.

Wispa1

never-in-doubt wrote: »

Is it a loan, card, catalogue - what?

Regardless lack of creditor siggy (unless loan) would not affect unenforceability on its own.

Its for a credit card. Would it be ok if I pm'd it to you for you to have a look as it is for a different MBNA one that I have and I am not sure if this is unenforceable or not? MBNA are threatening the usual court action with this account and I just need confirmation please of which way I should go. With many thanks

mk_chatham

never-in-doubt wrote: »

send nothing and obviously don't pay anything either!

Thanks NID, will do !

Not paid anything to them since November

never-in-doubt

Wispa1 wrote: »

Would it be ok if I pm'd it to you for you to have a look

do it :D:D:D:D