CCA help

fermi

Did Natwest explain why exactly they can't comply? How did they word it?

Regards Halifax, even if they comply with a s77-9 request, that doesn't necessarily mean it's enforceable under the separate s127(3) if taken out prior to April 2007. If you are not sure, may be worth posting up copies with personal info blanked out

January2015

How old is the Nat West debt?

Little_Miss_Sunshine

I'll try to scan it all in and post it.
The natwest debt is circa 1985
Hellifax 2009 ish but doesn't look quite right tbh
Mbna mid 1990's originally abbey national

rizla_king

legalbeagles.info/forums/ forum can help you work out if CCAs are enforceable. they keep beating the DCAs

Little_Miss_Sunshine

well scanning has been an epic fail so I'll copy it!

Natwest
We regret to advise that the CA has being misfiled and despite searching our records we have being unable to locate it.

In the circumstances er accept that we are not able at present to comply fully with your request under section 78 (1) of he CCA act and therefore pursuant f section 78 (6) we are not able to enforce the agreement until such time as we are able to comply with section 78 (1)

Although he CA is currently unenforceable the CA is not void and the obligations to make payments to us under the agreement remain. Please note that if we do not receive the required payments as requested we may take such actions as legally permitted to pursue the outstanding debt. we may also register a default.
I trust this clarifies the matter for you

sourcrates

Little_Miss_Sunshine wrote: »

well scanning has been an epic fail so I'll copy it!

Natwest
We regret to advise that the CA has being misfiled and despite searching our records we have being unable to locate it.

In the circumstances er accept that we are not able at present to comply fully with your request under section 78 (1) of he CCA act and therefore pursuant f section 78 (6) we are not able to enforce the agreement until such time as we are able to comply with section 78 (1)

Although he CA is currently unenforceable the CA is not void and the obligations to make payments to us under the agreement remain. Please note that if we do not receive the required payments as requested we may take such actions as legally permitted to pursue the outstanding debt. we may also register a default.
I trust this clarifies the matter for you

Well there you have it in black and white, they can ask you to pay, but can do !!!!!! all to make you, your choice now !!!

Little_Miss_Sunshine

Letter from Hellifax

We write to you in response to your Section 78 requset
We enclose
1. signed statement of account
2 Reconstituted version of the current T and C
3. Copy of the original signed application
4. Reconstituted version of the original executed agreement
and then they go on to say that it is fully enforceable and wont be entering into any more correspondence with me

I think this on is enforceable - but one of the small ones - £700


MBNA
Enclosed you'll find your current MBNA T&c - we've sent you these either because you requested a copy or you've added your card to a mobile device.
Did you know you can manage your account around the clock using online CC services
We hope you continue to enjoy the benefits of your credit card account

Somehow I think they've missed the point of my request!

fermi

Little_Miss_Sunshine wrote: »

Somehow I think they've missed the point of my request!

No, they didn't. Not in the slightest. It is a pretence.

fermi

Little_Miss_Sunshine wrote: »

Letter from Hellifax

We write to you in response to your Section 78 requset
We enclose
1. signed statement of account
2 Reconstituted version of the current T and C
3. Copy of the original signed application
4. Reconstituted version of the original executed agreement
and then they go on to say that it is fully enforceable and wont be entering into any more correspondence with me

I think this on is enforceable - but one of the small ones - £700

Sounds a bit dubious to me between 3 and 4.

Little_Miss_Sunshine

I'll pop over the legal beagles and ask their advise too. I CCa's all our creditors (all 8) but I'm only expecting/hoping to be honest 4 to be unenforceable 2 X Natwest and 2X MBNA -. It would take our debt down from £55K to £20K. We've paid huge amounts of interest over the years. But also I want everything very straight and clear - we will pay reduced amounts on the enforceable debts - token payments to force a default/sell the debt on and then may F&Fs in about 2 years. We never ever want credit ever again!
so - letters to MBNA tomorrow and we'll see how fast they sell it on.