Unenforceability & Template Letters III

never-in-doubt

*Pollypocket* wrote: »

Now, if I send them this next letter, won't they just come back and say they have sent me a copy already? I know... I need to trust you on this, but I'm useless at this sort of stuff. Do I need to adapt the letter to suit?

Nope - send the Final Response as directed, as is. Don't worry - they will reply saying that, yes. But that is what we want!

You cannot leave it in "limbo" - you have to close things and this letter tells them your intentions, so if they attempted any formal (court) action then we'd have them by the goolies :eek:

*Pollypocket* wrote: »

Edited to say: Just been scrutinising the agreement again, my gut instinct is this that the top section looks totally wrong, like it had been superimposed onto the agreement. Clutching again... lol

Stop worrying it is unenforceable - i'll fight the finer points if and when required, on your behalf. Now stop wasting time scrutinising it lol.....

*Pollypocket* wrote: »

Editing again 'cos I'm a pain in the !!!!: Does it have to include my account number on the CCA, 'cos the number on the top isn't my account number?

Nooooooooooooooooooooo :rotfl::rotfl::rotfl:

never-in-doubt

Wispa1 wrote: »

Hi NID - I have sent you a PM regarding my MBNA query from before please. It won't let me post attachments so I wanted to email you my CCA if possible. With many thanks.

Email addy was sent last night - nothing in my in-box from you as of yet :o

Remember if you email me to put your username here, as the subject lol. I get quite a lot of mail as you can imagine and invariably, get confused (no i'm not a blondie either lol)! :rotfl::rotfl:

gems3286

Hi NID,

I sent my creditors a request for a CCA in nov 2009 and i got a letter back of one of them that did not have a CCA. I have since then sent them the reminder letter and didn't hear from that and i have since sent the in dispute letter and still not had a reply.

Thing is one of the other creditors i sent the first CCA to never replied back and then sent the reminder and never heard anything and the sent the in dispute letter and still didn't hear owt. So today i have phone them and they say that they have got my CCA and that they going to send me out in the post. Thing is was wonder what to do now?

any help would be great.

Gem

never-in-doubt

gems3286 wrote: »

Hi NID,

I sent my creditors a request for a CCA in nov 2009 and i got a letter back of one of them that did not have a CCA. I have since then sent them the reminder letter and didn't hear from that and i have since sent the in dispute letter and still not had a reply.

Thing is one of the other creditors i sent the first CCA to never replied back and then sent the reminder and never heard anything and the sent the in dispute letter and still didn't hear owt. So today i have phone them and they say that they have got my CCA and that they going to send me out in the post. Thing is was wonder what to do now?

any help would be great.

Gem

why would you go and do the one thing I say never to do and ring them?

Hang on, I have a plan - why don;t we all scrap the structure and ring and chase the idiots and do their jobs for them? Sorry, I think you can see with my reply that you've messed up.

You never ever ever ring them and you never exceed the process stated throughout this thread. Why did you ring, what purpose exactly? Do you now feel better or something?

It confuses me why you'd chase something and be the only one on here to do it - :mad:

For the benefit if others - if you do their job for them, if and when we go to court we lose. If you let them fall behind and they do not reply within 30 days the debt is unenforceable and they cannot take me to court thus we win!. So if you ring them - you've now just taken it out of an unenforceable state - clever move :T

never-in-doubt

gems3286 wrote: »

any help would be great.

Gem

I've sent you a PM..... :D:D

razer12121

quick one NID, i got anouther letter from NDR, i sent them one on the 8th stating the account was in dispute, they sent me one on the 6th so of course it some how has taken ages to get to me, (it got here yesterday) anyway it states a "notice of default sums under the consumer credit act 1974"...hold on ent i using this agasint them? what the hell are they playing at!! are they aloud to do this?? also to top this of....the bill has suddenly droped from £1625.10 to £1012.40?? erm....are they up to somthing? thanks NID!

never-in-doubt

razer12121 wrote: »

quick one NID, i got anouther letter from NDR, i sent them one on the 8th stating the account was in dispute, they sent me one on the 6th so of course it some how has taken ages to get to me, (it got here yesterday) anyway it states a "notice of default sums under the consumer credit act 1974"...hold on ent i using this agasint them? what the hell are they playing at!! are they aloud to do this?? also to top this of....the bill has suddenly droped from £1625.10 to £1012.40?? erm....are they up to somthing? thanks NID!

Sorry mate - be specific is it a Notice of Default under the CCA 1974?

If so thats cool - you knew this would happen...... we worry about removal of default at a later date, they cannot add a default when an account is in dispute. You already told them this in the original dispute letter - if they do it, fine - they'll take it off again quickly enough, however they are under no obligation to.

Read back to last night cos I answered this exact point earlier - just go back 2 pages - you'll see it...

This is what a DN looks like: http://i27.tinypic.com/25ilkdv.jpg (it is invalid out of interest lol)...

Locke

Hi NID.

When you say it must have a credit limit on it, do you mean it actually has to state the amount (£1000) or is it alright for them to say that my credit limit will be the amount set by them from time to time and notified to me?

It's from the reply from Marbles.

Mateusrojo

never-in-doubt wrote: »

Its an application form, pure and simple. I'll bet my bottom dollar that the reverse did not contain prescribed terms - its 100% unenforceable (as I knew) - you owe me a tenner lol :rotfl::rotfl:

Send this to them: CCA Query

Will happily send you a tenner! LOL

Had just been confused by the bit where the signature was as it was headed Credit Card Account Agreement and contained the bit about agreeing to the terms and conditions - I thought it might change things.

Letter suggested now sent!

Thank you!! :j

never-in-doubt

Locke wrote: »

Hi NID.

When you say it must have a credit limit on it, do you mean it actually has to state the amount (£1000) or is it alright for them to say that my credit limit will be the amount set by them from time to time and notified to me?

It's from the reply from Marbles.

The limit can say "credit limit will be the amount set by them from time to time and notified to me"

See this mate: Is my Agreement Enforceable - No Credit Limit Showing