ashling's unenforceability diary

[ashling]

Re: ashling's unenforceability diary

I already have had my SAR back from the Halifax as I have 2 accounts with them and wanted to be sure on SB dates so I could try and hold ppl off until the 6 years are up. That is where I got the paperwork that I e-mailed to you.

Should I now send a S78 request to ist credit. Is there one for an overdraft? Many thanks.

[ashling]

Re: ashling's unenforceability diary

Just to be sure I have not contacted 1st credit since 2011 since they took this over. Should I now send the bank account version of a CCA request?

[ashling]

Re: ashling's unenforceability diary

HBOS CREDIT CARD


Type of account (credit card)


Date commenced (May 2003)


Approx balance �728


Date last paid (2/3 months before June 2009)


Are you on arrangement or not paying not paying


Status (default)


Account owner (Lowells and now with Bryan Carter)

Just to update since all the stress in June Bryan Carter and Lowells have now gone completely quiet but no letters at all. No sign of any credit agreement either. So long may it continue.

I have decided to ignore the rather generic letters from Ist Credit if they send anything worrying I will post again. Hope everyone else ok. Thanks for easing the stress in the past.

[Never-In-Doubt]

Re: ashling's unenforceability diary

I already have had my SAR back from the Halifax as I have 2 accounts with them and wanted to be sure on SB dates so I could try and hold ppl off until the 6 years are up. That is where I got the paperwork that I e-mailed to you.

Should I now send a S78 request to ist credit. Is there one for an overdraft? Many thanks.

Sorry for the delay - I have just seen this, yes send back the CCA O/D version in post 1 here --> http://forums.all-about-debt.co.uk/s...CA-Information

[Never-In-Doubt]

Re: ashling's unenforceability diary

Just to be sure I have not contacted 1st credit since 2011 since they took this over. Should I now send the bank account version of a CCA request?

Yes --> http://forums.all-about-debt.co.uk/s...CA-Information

BUT only if you've been getting hassled by 1st Credit. If not then stay silent for now but keep an eye on them as they may issue a claim. If so then contact me immediately so I can get it stopped for you.

[ashling]

Re: ashling's unenforceability diary

Hi,

Need some help again please. Bryan Carter have written to me received the letter today they have enclosed a credit card agreement from HBOS but it is unsigned! so is not the same as the one I received in my SAR from Halifax. They have also enclosed some statements showing the finishing balance. Please advise on what letter to send them next pretty please!

[Deepie]

Re: ashling's unenforceability diary

Hi,

Need some help again please. Bryan Carter have written to me received the letter today they have enclosed a credit card agreement from HBOS but it is unsigned! so is not the same as the one I received in my SAR from Halifax. They have also enclosed some statements showing the finishing balance. Please advise on what letter to send them next pretty please!

If it were me I'd send ------> Missing Prescribed Terms

[ashling]

Re: ashling's unenforceability diary

Thanks very much Deepie will get that posted off Monday.

[ashling]

Re: ashling's unenforceability diary

HBOS CREDIT CARD


Type of account (credit card)


Date commenced (May 2003)


Approx balance £728


Date last paid (2/3 months before June 2009)


Are you on arrangement or not paying not paying


Status (default)


Account owner (Lowells and now with Bryan Carter)

Hi again. Hope everyone is well. I sent off the letter as per Deepie's instructions. Thanks for that. I have had a reply from Bryan Carter a few days ago. They are giving me until 20 Oct to reply. They have said I should be aware a true copy will contain all the material provisions that would have been in the original. They say it is not necessary to provide me with a signed copy for this purpose. They think they have therefore complied with their obligations under the Consumer Credit Act.

So what do I do now please??

[ashling]

Re: ashling's unenforceability diary

Anyone have any advise on what to send Bryan Carter next please as per previous post?

[Deepie]

Re: ashling's unenforceability diary

Anyone have any advise on what to send Bryan Carter next please as per previous post?

• If it were me I'd send this ----> CCA Query - Refusal to Accept UE Status

wait till back end of next week

[Still Waving]

Re: ashling's unenforceability diary

Anyone have any advise on what to send Bryan Carter next please as per previous post?

Hi,

I would think possibly http://www.all-about-debt.co.uk/inde...e-cca-received
but wait for someone more experienced to confirm this.

It's very pertinent that they have sent you a different version to the one you received under SAR, even thought that was just a few months ago. Was it that version that Niddy thought looked enforceable?

EDIT: I see that Deepie has already replied with a suggestion.

[Never-In-Doubt]

Re: ashling's unenforceability diary

Have you ever sent me the agreement they sent you? If so what did I say about it? Sorry not got time to read thread again.

[Never-In-Doubt]

Re: ashling's unenforceability diary

• If it were me I'd send this ----> CCA Query - Refusal to Accept UE Status

wait till back end of next week

Hold fire. It's with BC so we gotta be careful here.

If you (the OP) can answer my last post we'll go from there.

[PlanB]

Re: ashling's unenforceability diary

Date last paid (2/3 months before June 2009)

Account owner (Lowells and now with Bryan Carter)

. . . . I have had a reply from Bryan Carter a few days ago. They are giving me until 20 Oct to reply. They have said I should be aware a true copy will contain all the material provisions that would have been in the original. They say it is not necessary to provide me with a signed copy for this purpose. They think they have therefore complied with their obligations under the Consumer Credit Act.

Lowells and Bryan Carter are a lethal combination.

That letter you've just received giving you until 20th October to respond sounds suspiciously like a Letter Before Action to me. BC do take legal action.

You've previously sent a SAR to ascertain whether the debt could be statute barred but you've also said that you made payments up until June 2009 so I doubt it will be.

There's a chance that the recon that BC have sent you may comply with s.78 but that doesn't mean it complies with s.61. Have you sent it to Niddy for assessment yet?