Unenforceability & Template Letters III

jen_br

Hi as per request here is my ingo!
So my DH and i have 2 cards with Llloyds tsb

Husband took his out in early 00's if not 1998 myself it was 2004

Now my card got switched from a Visa to MC cause lloyds no longer does VISA dont know if this matters id idn't sign anything

Ive just stopped payment on them now.. iw as paying a 10.00 a month figure to them over the last month up until then they were totally paid up min payments.

the CAB has written to them they promised to stop persuing for 30 days. but now they are starting even though the deadline isn't up.

never-in-doubt

jen_br wrote: »

Hi as per request here is my ingo!
So my DH and i have 2 cards with Llloyds tsb

Husband took his out in early 00's if not 1998 myself it was 2004

Now my card got switched from a Visa to MC cause lloyds no longer does VISA dont know if this matters id idn't sign anything

Ive just stopped payment on them now.. iw as paying a 10.00 a month figure to them over the last month up until then they were totally paid up min payments.

the CAB has written to them they promised to stop persuing for 30 days. but now they are starting even though the deadline isn't up.

Hiya

Ok, basically (having read another of your threads) I assume you do not bank with them? You have no assets or savings with them no?

Have you seen your credit record - or don't you really care about it anyway? Thing is, it'd be good to know what is happening, i.e. are they recording late payments or a default?

Right cease all payments, both of you, and send one of the CCA Requests EACH with £1 EACH in a separate envelope and registered. You have to remember this is two people, 2 accounts.... everything should be treated as individual.... So start with the request then post back in like 3 weeks unless you get hassle etc in the meantime. CCA Request

p.s. don't worry about this, you've found the right place for help....

jen_br

Thanks thats great.. no i switched my banks and have other accounts so im not bothered..

as a non Uker i dont really have a CR per say ive never been found on experian etc. strange iknow! ive tried looking up my own and it wont give me one.

but in all fairness we aren't really to bothered just rather have this sorted.

Locke

I had a reply from Barclaycard yesterday with the standard letter saying that my CCA would be sent separately, so fingers crossed on that one.

I sent them 2 CCA requests originally, the other was for an account that was originally with Goldfish and is a few years older than this one, they haven't replied about that one yet which is hopeful as that's the one I was hoping they wouldn't have [/clutching straws] so I'll be sending them the 12+2 day reminder tomorrow and stopping payment.

I'm also going to start proceedings with Halifax now that I've got a new bank account opened, as well as Capital One.

jen_br

Whats to say that they can't fabricate a CCA? Or change the wording in the CCA to their advantage as so many ppl are doing this? who will remember what they had signed or read 7 yrs ago?

never-in-doubt

jen_br wrote: »

Whats to say that they can't fabricate a CCA? Or change the wording in the CCA to their advantage as so many ppl are doing this? who will remember what they had signed or read 7 yrs ago?

Did you read page 1? - CCA Dispute - Forged Document Supplied

We know every trick but unless you read at least page 1 & 2 then you'll never learn the processes

jen_br

Yeah just finished reading it.. I dont trust banks as far as i can throw them..
but I was thinking hrmmm my husband wouldn't remember what he signed 8 years ago.

But fingers ccrossed they just screw up.

tryingto

Hi Niddy, I wondered if I should be sending a follow up letter to the debt collectors who wrote to say they would be treating my account as irrecoverable (unless they found the documents and then they'd be coming back to me)?

It was defaulted by the bank in 2005 so only 1 year to go before that drops off. I wasn't sure if I should be writing to the debt collector to try and get anything more final, get the default removed or anything? Or whether it is best to just leave it alone? Cheers.

marsden1002

Hi.

I have sent a letter to Orange via Buchananclark+wells for Orange to prove a debt is mine, and i was wondering what could i do since orange have not responded within 14 days. Can i tell BCW that they have no right chasing the debt while i have asked orange to prove the debt is mine? Thing is, BCW have my name wrong, and i think orange do, hence i have asked them to prove the debt is mine?

Thanks a lot for your help!

Marsden1002

Wicca303

Hi,

following the advice given at the beginning of this thread I recently (3 weeks ago) sent off CCA requests to 6 creditors, I got responses from 5 of them:

Egg Blue - Valid agreement
Egg credit - Valid agreement
Abbey Loan (CapQuest) - Response below
HFC (Cabot) - Response below
Barclaycard (DML) - Response below
Style - Response below

Abbey/CapQuest Response:

Further to recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 days whilst we obtain the information required.
If you have any proofs of payments or correspondence that would assist with your query, please forward these documents, with a brief covering letter, to our collections administration department, so that we can resolve this matter as soon as possible.

I haven't received anything else from them, so I've now sent the CCA reminder letter to CapQuest. Am I correct in thinking that the second paragraph is them trying to get me to give them proof that I owe the money?

HFC/Cabot Response:

Your request for information under the Consumer Credit Act 1974
Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial does not have this information on file. However, we have requested the relevant information under section 77 and/or 78 of the Consumer Credit Act 1974 from the original lender.
Please be advised, we do not accept the statutory fee required under section 77 and/or 78 of the Consumer Credit Act 1974 and we have returned the fee for £1.00 that you have sent.
What happens next?
We anticipate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

I haven't received anything else from them so have sent the CCA reminder letter, to Cabot.

Barclaycard/DML Response:

DML:
As a result of your recent communication we write to advise you we have closed our file and returned it to BARCLAYCARD.
We can confirm no further action will be taken by Debt Managers Ltd in relation to this account.

This letter had their reference and the barclaycard reference at the top of the letter. That was all I had heard by the 12+2 deadline so I sent the CCA reminder to them (had no other details to send it to). The day after sending the reminder I received this:

Barclaycard:
Reference: SECTION 78 of the Consumer Credit Act 1974
Barclaycard Account Number: Unknown
Thankyou for your request for information under Section 78 of the Consumer Credit Act 1974.
Based on the information you have given we are unable to locate your Barclaycard account number. Please provide further information to allow us to proceed with your request.

I'm not really sure what to do with this. They don't say what info they want me to send, or who to send it to. Am I right in thinking they don't have proof that I owe them money, and they are phishing for me to give them proof?


I just want to make sure that at this point I am going in the right direction, especially as regards to the Barclaycard debt.

Thanks in advance.