inspirational's UE diary

[inspirational]

Re: inspirational's UE diary

However based on mint being gutless with a gap where their balls belong; I would blag this and send the missing PT's.

What's missing PTs?

[Pixie]

Re: inspirational's UE diary

Missing Prescribed Terms.

Use this template letter Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

[inspirational]

Re: inspirational's UE diary

The mint one is enforceable; it was taken out Aug 2007.

Since s.127 is repealed there ain't much we can do but blag this one sadly.

Easy to remedy as they can create a recon with tick-in-box as per 12/04 electronic comms act.

Sorry mate. Bad start

Never mind, thanks for the help anyway, I was sure it was pre-April 2007 but how time flies, typical of my luck really.

[Pixie]

Re: inspirational's UE diary

Never mind, thanks for the help anyway, I was sure it was pre-April 2007 but how time flies, typical of my luck really.

Hey, don't lose hope - you can try blagging it. I've been blagging a couple for the last 2 years.

Send the letter I mentioned in my previous post(you might have missed it with your post going on a new page.)

Missing Prescribed Terms.

Use this template letter Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

Let's see what they come back with.

Quite often they can't be doing with the confusion and pass it on to another dca.

[inspirational]

Re: inspirational's UE diary

Thanks, I'll give it a go and report back.

[Never-In-Doubt]

Re: inspirational's UE diary

Missing Prescribed Terms.

Use this template letter Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

What's missing PTs?

See quote above by Pixie

[inspirational]

Re: inspirational's UE diary

OK, so at last Moorgate respond!

They basically say in both cases "In Compliance with your request pursuant to Section 77 of the CCA we enclose a reconstituted copy of the credit agreement, copy of the terms and conditions and a statement of account.

Unfortunately, we do not hold the original MBNA agreement. We are however, able to provide you with a reconstituted copy, in accordance with the Consumer Credit Act, regulation 3(2) which expressly states that a copy need not be an exact copy.

We trust this meets your requirements."

That's for both MBNA credit cards, the one with the £9,500 balance and the Virgin one with £4,500.

The dates are 12/04/2003 and 12/01/2005 so we may be in business here then?

I like the way that they say they can basically make it up as they go along. A copy need not be an exact copy indeed.

So, how do I respond, if at all?

I will email Niddy a copy of all the bumf.

[inspirational]

Re: inspirational's UE diary

Ok, I'll just send the agreements, they are 8 pages each as if that's not enough lol

[inspirational]

Re: inspirational's UE diary

Niddy has replied to my email stating both are unenforceable as missing PTs.

Is there a standard letter I need to send to them or just sit tight?

[Never-In-Doubt]

Re: inspirational's UE diary

Niddy has replied to my email stating both are unenforceable as missing PTs.

Is there a standard letter I need to send to them or just sit tight?

sorry as I was on phone I tend to explain in email then you post update here and one of the minions (as noted above) will post the link...

See, simples


* Time I went into protective custody again

[Never-In-Doubt]

Re: inspirational's UE diary

This is the missing PTs template ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

Thanks FP, that is indeed the correct template to send, one for each of the two accounts.

To clarify, both had updated and random terms but nothing original from date of inception thus both are

[inspirational]

Re: inspirational's UE diary



I've printed out the letters and will post them tomorrow RD.

Thanks everyone, even the minions

[mauijim]

Re: inspirational's UE diary

Never mind, thanks for the help anyway, I was sure it was pre-April 2007 but how time flies, typical of my luck really.

As was mentioned, do not lose hope. You must understand the DCAs are like a big mincing machine. They have thousands of accounts to chase so they turn their handle and keep feeding in accounts at the top. They then deal with what emerges from the bottom. If you query anything with them it generally means your account gets stuck in the mincer. If you keep querying things it may get stuck in the mincer for a very long time.

They will not be keen to waste time and money on an account where they may not win any legal action. The emphasis is on "may not win" and your queries need to create reasonable doubt. If they get really heavy then come back here for advice and then you can change tactics.

It's like a game of legal tennis and you need to keep playing the game until someone gives up or the umpire steps in!

As Niddy said "Simples"

Oh and I am doing the exact same thing myself and 18 months on I am still somewhere in the mincer!!

MJ

[inspirational]

Re: inspirational's UE diary

Thanks everyone, the letters were sent last week by RD.

I forgot to mention that they also sent me an "income/expenditure" form to complete that I haven't bothered doing. They've sent another letter today saying that they've not received it back (well, obviously) - should I bother doing it?

My income is low and getting lower as I am not working at the moment and trying to find a job.

[CleverClogs (RIP)]

Re: inspirational's UE diary

Thanks everyone, the letters were sent last week by RD.

I forgot to mention that they also sent me an "income/expenditure" form to complete that I haven't bothered doing. They've sent another letter today saying that they've not received it back (well, obviously) - should I bother doing it?

If the agreements are unenforceable and you're not paying the debt farming parasites, why would you even want to give them any data with which they will seek to make you more miserable?

I therefore suggest that you return the form as requested but without anything written on it.

Use a 1p stamp.