:Credit Card defaults since 2005

[sarajonsey]

Thanks Cerberusalert,

That was the only form we ever filled in so I'm presuming its worthless.

Great letter, thanks for your help, wouldnt know where to start if it wasnt for you !

[sarajonsey]

Reply from another creditor today (Barclaycard)

In response to the letter Cerberusalert told me to send ...saying the information they sent did not satisfy my request.

 

This is what they sent me as a response to CCA request

http://i1028.photobucket.com/albums/y350/Kazza_07/Barclaycard/scan0008.jpg

http://i1028.photobucket.com/albums/y350/Kazza_07/Barclaycard/scan0009.jpg

together with a separate T&C leaflet.

There was NO application form or any agreement enclosed....sorry to sound stupid , but are they saying they have enclosed it (and havent) or are they saying what we are sending you is enough info, we dont have to send you one??? (confused)

 

This is todays letter....

http://i1028.photobucket.com/albums/y350/Kazza_07/Barclaycard/scan0013.jpg

http://i1028.photobucket.com/albums/y350/Kazza_07/Barclaycard/scan0012.jpg

http://i1028.photobucket.com/albums/y350/Kazza_07/Barclaycard/scan0014.jpg

 

Shall I send them the same letter you told me to send to MINT?

or is this different?

Edited May 26, 2010 by sarajonsey

[cerberusalert]

No ignore them for now, they are just sending you the same bumf they sent you earlier. just wait to see what they send next.

[sarajonsey]

ok, thanks

[sarajonsey]

Update....8th June

The 12+2 days passed, PLUS a further 30 days and no-one has been able to provide anything proper.

I havent sent them any letters since the Account In Dispute letter.

Is there anything else I need to do at this stage?

[dx100uk]

nope ignore them now

 

dx

[sarajonsey]

As you may remember, I had a reply from Lloyds back on 14th May which was the usual bumf...Thank you for your complaint ...we are looking in to it, but due to the high volume of such requests we may need more time,we aim to contact you in eight weeks bla bla bla...

They were sent the account in dispute letter after the 12+2 and have heard nothing from them since...until Friday morning.....when this letter came from SCM solicitors threatening court action and extra fees to be added to debt.

Any advice please?

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Lloyds/scan0021.jpg

[cerberusalert]

Send SCM this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

[sarajonsey]

Also had a reply from another creditor on Friday ( a different Lloyds debt...they used to really like us at one time!) with what they call a reconstituted copy of our credit agreement....

heres the letter... and the copy of CCA....any thoughts please?

 

In the Conditions of Use, I notice point 6 Credit Limit is in much smaller print than the rest of the sheet, and there was no credit limit set..

Heres all the pages....

http://i1028.photobucket.com/albums/y350/Kazza_07/Lloyds%20Mastercard%20App/scan0022.jpg

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Lloyds%20Mastercard%20App/scan0023.jpg

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Lloyds%20Mastercard%20App/scan0030.jpg

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Lloyds%20Mastercard%20App/scan0031.jpg

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Lloyds%20Mastercard%20App/scan0024.jpg

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Lloyds%20Mastercard%20App/scan0025.jpg

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Lloyds%20Mastercard%20App/scan0026.jpg

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Lloyds%20Mastercard%20App/scan0027.jpg

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Lloyds%20Mastercard%20App/scan0028.jpg

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Lloyds%20Mastercard%20App/scan0029.jpg

[cerberusalert]

Again it's an application form which does not contain any of the prescribed terms under CCA 1974 nor the 'right to cancel' under CCCA 1983 so unenforceable.

 

Yes they have sent a reconstituted agreement which shows what your agreement should have looked like, but you could send them a photograph of a £50 note saying 'this is what payment should look like' & it would have the same meaning.

 

If they try to enforce this through the court you could bring them to 'strict proof' whereby they would have to produce the original signed agreement containing all the prescribed terms.

 

You could send them the letter in post #50 too.

[sarajonsey]

Thanks Cerberusalert , I will send the letter in #50 to them today.

Your a star!

[sarajonsey]

Had a reply today from Capital One.....they also enclose a "reconstituted copy" of the agreement

http://i1028.photobucket.com/albums/y350/Kazza_07/Capital%20One/scan0033.jpg

 

once again it seems to be just an application form with no prescribed terms, no credit limit etc.....they also sent pages and pages of terms and conditions , past and present.

Unenforceable again by the looks of it.

Letter #50 going off in the post again today I think.

[cerberusalert]

Yes send the letter.

[sarajonsey]

Been away for 10 days visting parents, just got back to a couple of letters on the doormat.....one letter regarding RBS ADVANTA/MINT (posts #49 & #50) Moorcroft Debt Recovery Ltd. has now sent a formal demand for full payment in 7 days before commencing litigation......

 

And another letter in response to post #58 asking me to contct with a realistic payment proposal no later than 21st July to prevent legal action.

However, they have quoted one ref. no on letter and another Lloyds Card number on the reconstituted agreemnent (will post up tomorrow to get it checked out)

Edited July 26, 2010 by sarajonsey

[cerberusalert]

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[dx100uk]

standard threat-o-grams, nothing to be worried about.

 

dx

[sarajonsey]

Thanks both, have been really worried since coming home with these letters threatening court action, its really frightened me couldnt concentrate on anything yesterday was just worrying all day.

[sarajonsey]

Another letter this morning....Capital One account ... in reply to the letter Cerberusalert told me to send....more threats......here is letter and the copy of the Credit agreement....

http://i1028.photobucket.com/albums/y350/Kazza_07/Capital%20One/scan0038.jpg

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Capital%20One/scan0039.jpg

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Capital%20One/scan0040.jpg

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Capital%20One/scan0033.jpg

 

Should I reply to this?...or just ignore?

What action should I take?

Edited July 29, 2010 by sarajonsey

[dx100uk]

std garbage just like the rest.

 

dx

[cerberusalert]

When is a credit agreement not a credit agreement?

 

When it's an application form which doesn't contain any of the prescribed terms. ;~)

[sarajonsey]

So there is no way they can take me to court is there...?

Thanks you so much for putting my mind at rest.

[sarajonsey]

Its been quiet for a couple of weeks, but suddenly having a continuous stream of letters from a few DCAs Moorcroft is one

and the other is Credit Security ltd threatening impending litigation......I have sent both letters saying that

these accounts are in dispute, should I continually keep responding with letters (its very time consuming)

or should I simply ignore?

[cerberusalert]

They are trying to grind you down.... ignore them.

[sarajonsey]

After a relatively quiet time , out of the blue one day last week, a debt collecter knocked the door and said he was sent by MINT to recover the money owed, I told him the account was in dispute......and he said ok and went away....I worried all weekend and thought I must get back onto CAG and ask for advice, I notice this morning there are alot of new posts saying that things have changed with regards to enforceable agreements.....is this right.....what do you think I should do?

[dx100uk]

dont worry

 

carry on ignoring them

 

they are chancing their arm to see if they can catch you out

 

the door knocker would know nowt about the history at all

 

dx