unenforceable update ??

[ohitsonlyme]

I am now coming upto 5 years after last payment on several cards from various cc companies/dcas. so on the home straight for SB

All's been relatively quiet but capquest recently bought a ltsb account and are coming on strong I attach a copy application/there are a couple of anomalies as I see

in particular the terms and conditions are numbered but not all of them are there it starts at number 1 refers to 5 later on refers to 7 and 11 number 4 is there but none of the other terms are numbered or shown!!!??!! This surely must help


I havent been on here or any other sites for a couple of years and so i am not up to speed with unenforcabilty

any guidance to either the right threads to read or on my documents will be very much appreciated

Onlyme

[MrsD]

Re: unenforceable update ??

Have you sent a CCA request for this and paid your £1?

[ohitsonlyme]

Re: unenforceable update ??

Have you sent a CCA request for this and paid your £1?

Yes I paid the £1 5 years ago now and this is what they eventually came up with
only me

[MrsD]

Re: unenforceable update ??

I'd email it to Niddy (the site owner), nothing blanked out as he can be trusted, once he's had a look, we can take it from there

[Never-In-Doubt]

Re: unenforceable update ??

If you last did a s.78 5 years ago, do a new one now

[ohitsonlyme]

Re: unenforceable update ??

If you last did a s.78 5 years ago, do a new one now

Thanks for your reply niddy,can you explain to me the rationale behind a new s78 request and perhaps your opinion on the documents supplied to date
onlyme

[Never-In-Doubt]

Re: unenforceable update ??

Thanks for your reply niddy,can you explain to me the rationale behind a new s78 request and perhaps your opinion on the documents supplied to date
onlyme

The rationale - it's 5 years old!! Carey has occurred since.

A new cca leaves us in no doubt or confusion. Based on what you've got right now from 5 years ago, if they issued a claim, the first thing we'd suggest is CPR 31:14 for documents. However issue a new s.78 stops them trying to enforce until they comply. It buys you time which is what you need.

The info you have is irrelevant and I won't offer an opinion, based on my above explanation. Basically it's outdated and needs re-doing.

Trust us.

[SXGuy]

Re: unenforceable update ??

They may not have anything on file now to issue a claim with but making a fresh request stops them in their tracks.

[ohitsonlyme]

Re: unenforceable update ??

The rationale - it's 5 years old!! Carey has occurred since.

A new cca leaves us in no doubt or confusion. Based on what you've got right now from 5 years ago, if they issued a claim, the first thing we'd suggest is CPR 31:14 for documents. However issue a new s.78 stops them trying to enforce until they comply. It buys you time which is what you need.

The info you have is irrelevant and I won't offer an opinion, based on my above explanation. Basically it's outdated and needs re-doing.

Trust us.

Gotcha clarity is simplicity niddy i love the forthright approach
thanks niddy and sx guy

[Never-In-Doubt]

Re: unenforceable update ??

Sorry, didn't mean to sound smart in my reply. I meant, in the nicest possible sense, that they can fix any errors utilising Carey, that they couldn't have done 5 years ago. So best to apply for a new CCA as that will probably cause them more problems. The odds of this new request matching the one from 5yrs ago are slim. Hence redo the CCA request and let them make errors, the more the better (to defend IF they try & enforce)...

See where I'm going with this now...

[ohitsonlyme]

Re: unenforceable update ??

Love it, thanks Niddy!
Only me

[Never-In-Doubt]

Re: unenforceable update ??

Love it, thanks Niddy!
Only me

Basically we hand them a spade (and watch them dig a hole...)

[ohitsonlyme]

Re: unenforceable update ??

Just a thought
I am on the road to SB,maybe as little as 12 months away

I moved house 3 years ago and CQ are writing to me speculatively at my new wife's house and they dont really know where I am. Nor do any of my other creditors last last payment made august 2008,!

Should I raise my head above the parapet or ride it out for a while?...cq have only recently taken over the account so although they are threatening its very early in the chasing game

I found the following on another thread......... I'd be applying for CCA's from all lenders, unless you've been ignoring them and counting down statute barred - in which case continue to ignore them and do not request a CCA....Niddy

Onlyme

[Never-In-Doubt]

Re: unenforceable update ??

Well send any letters back as unknown at this address. Confuse them somewhat!

Stay off the radar for another year, why not?

[ohitsonlyme]

Re: unenforceable update ??

I dont like to lie so I think I will leave it for a week or few and then send them back, as it happens i did change my name when I got married.
onlyme