Frightened about my future - part 2.

Fitzer2000

Morning Swan, A bit overcast here in Twickenham today.looking fwd to the World Cup today. Can't wait, I'm all excited.

swanfan02

Yeah, you'll be surprised to know i have my seat for Saturday in th pub booked already! What was the score last night?:D

never-in-doubt

mouseann wrote: »

Sorry, I have not heard of any of them!

Probably makes me a heathen!

WHAT? :mad: :mad: :mad:

I thought you liked Rangers now? Andy Gray played with us (briefly) and McCoist is like a god to Rangers! :rotfl:

Fitzer2000

Hi Swan, Three plates, eleven spoons and 5 forks, just abou to pt them on e-bay!

swanfan02

Is that all, thought you'd have (borrowed) more than that!:rotfl:

never-in-doubt

Hi Ann

Ok latest update with last lot of emails!

Crappy1: Unenforceable :T
They have not sent a CCA at all - all it is is some nonsense terms from back then and now! We wanna be looking at the CCA that you signed. Regards to their letter, judge Waksman (Carey v HSBC) did not say that a lender can just copy a load of terms onto a sheet of paper and present it as an original. He was quite specific in what he said and that was without fact of the actual act that governs credit agreements, i.e. s.127 & s.65 - this supercedes what he may think and therefore Crappy1 are incorrect.

Respond with this: Debtors Final Response - No CCA Received

HSBC: Unenforceable :T
Their letter confirms what you wanted to hear - this is now finished with, well done!

To everyone else, HSBC pretty much defend the fact we accused them of issuing a forgery, to that they say they cannot find the original and so have utilised the recent Carey v HSBC judgement and created a recon. Hower, the fact they mention in this letter that "They used to have a copy in their possession, but no longer do" is all we need. That was the final nail in their coffin so thanks HSBC, thanks a million.

They do actually confirm that it is finished, in their opinion, by their use of stating " We have complied with s.78 and will report to the CRA's as necessary" (bottom of page 2) - what this means is that they realise all they can do is default you, so that's what they will do - they have not mentioned taking action (as they cannot) - so don't respond, forget them. Finished.

Egg: Unenforceable :T
Similar to HSBC, Egg think they have satisfied your s.78 request (they have not btw), and they have also confirmed at the bottom of page 2 that all they will do is report the account to the CRA's and instigate "Contact from our collections dept" - to be fair, its now time to end communication with Egg so quite simply, ignore this reply.

However, when their collections team contact you, come back to me and we'll get rid of them and put them in their place.

---

Conclusion:
This is a really good result because you now have 3 confirmed unenforceable cases - the reason you're happy (or should be) is because you do not need to respond to any of their letters, i.e. they realise they are losers so have accepted it - obviously Crappy1 will need a couple more responses but the fact they cannot find or send a CCA is great (actually). I do think Egg will mess about but don't worry about them, we'll sort them as and when they become a pest (well their collections team rather!). All in all it has been a productive day and to get 3 letters all backing down, like these have, is absolutely brilliant!

Well done Ann - things are suddenly looking more brighter

Fitzer2000

Mornin' NID, I'm so pleased for Ann. You're the best.

never-in-doubt

Fitzer2000 wrote: »

Mornin' NID, I'm so pleased for Ann. You're the best.

Morning matey

Yea i'm pleased with this as well, thing is HSBC was one of my "probables" where I thought they would provide the agreement, but when Ann confirmed the account was older than me that changed things, so out of the 18 agreements it remains that to date only one is enforceable (but we're blagging it) which is great news really....

Lets hope we get similar replies so Ann can forget this whole episode, once and for all. Not long to go in fairness, should be sorted once and for all by July.

jinny

YEEEEESSSSS! GET IN!!!!!:j:j:j:j:j:j
Sorry to read your post from nid Ann before you see it. I feel im reading your letters before you get them but isnt this brilliant on world cup day as well. The world will soon be your oyster Ann great news today!!!:T:T:T:T:T:T:T:T:T:T:T:Twell done to you and nid what a team!!!!!
(That Angel blessing never lets me downXXX):A

jinny

Fitzer2000 wrote: »

Hi Swan, Three plates, eleven spoons and 5 forks, just abou to pt them on e-bay!

could you not get any knives then - or are you not allowed anything sharp since the restraining order:D