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  • #31
    Re: thetinman UE Diary

    capquest must need funds quick, another letter ( two in two weeks ) about my capitol 1 card.
    prior to start of legal proceedings various checks are undertaken which shows no ccj at address, blah, blah, blah no contact in 14 days will move account forward to litigation.

    LETS WORK ON THIS TOGETHER

    I think not

    do I ignore or send anything

    Comment


    • #32
      Re: thetinman UE Diary

      Originally posted by thetinman View Post
      capquest must need funds quick, another letter ( two in two weeks ) about my capitol 1 card.
      prior to start of legal proceedings various checks are undertaken which shows no ccj at address, blah, blah, blah no contact in 14 days will move account forward to litigation.

      LETS WORK ON THIS TOGETHER

      I think not

      do I ignore or send anything
      Send the "Account Sold whilst in Dispute" letter from the templates.
      Last edited by AAD-LinkEditor; 10 January 2012, 09:21.

      Comment


      • #33
        Re: thetinman UE Diary

        Originally posted by thetinman View Post
        capquest must need funds quick, another letter ( two in two weeks ) about my capitol 1 card.
        prior to start of legal proceedings various checks are undertaken which shows no ccj at address, blah, blah, blah no contact in 14 days will move account forward to litigation.

        LETS WORK ON THIS TOGETHER

        I think not

        do I ignore or send anything
        Originally posted by Locke View Post
        Send the "Account Sold whilst in Dispute" letter from the templates.
        yes send Account sold in Dispute letter
        Last edited by AAD-LinkEditor; 10 January 2012, 09:22.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #34
          Re: thetinman UE Diary

          That'll be a send this off ---> Account Sold whilst in Dispute

          Last edited by AAD-LinkEditor; 10 January 2012, 09:23.
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #35
            Re: thetinman UE Diary

            Out of the blue after letter saying no cca littlewoods send a cca,
            I have emailed niddy a copy and will wait and see what to do now.

            Comment


            • #36
              Re: thetinman UE Diary

              Originally posted by thetinman View Post
              Out of the blue after letter saying no cca littlewoods send a cca,
              I have emailed niddy a copy and will wait and see what to do now.
              I'll check now brb
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • #37
                Re: thetinman UE Diary

                Originally posted by Never-In-Doubt View Post
                I'll check now brb
                Nothing changes - they have just sent any old random signed agreement - yea, you may think that changes things but it doesn't - this is one of those silly flexible accounts, so in essence if you read their own letter it clearly says "your account was opened on 27.01.1997" but check the date on the agreement you signed? Its 02.03.1999 - probably when you bought something over BNPL or extended interest free or similar - however that is not the agreement that you agreed to when you opened the account NOR are there any terms.

                Its 100%

                Respond with this: ---> Unenforceability Templates - Section 4
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #38
                  Re: thetinman UE Diary

                  Originally posted by Never-In-Doubt View Post
                  Nothing changes - they have just sent any old random signed agreement - yea, you may think that changes things but it doesn't - this is one of those silly flexible accounts, so in essence if you read their own letter it clearly says "your account was opened on 27.01.1997" but check the date on the agreement you signed? Its 02.03.1999 - probably when you bought something over BNPL or extended interest free or similar - however that is not the agreement that you agreed to when you opened the account NOR are there any terms.

                  Its 100%

                  Respond with this: ---> Unenforceability Templates - Section 4
                  Cheers Niddy letter will be sent

                  Comment


                  • #39
                    Re: thetinman UE Diary

                    I have Received a cca from cahoot and Barclaycard, have sent them to niddy to check but one looks enforceable to me
                    Last edited by thetinman; 3 October 2011, 23:04.

                    Comment


                    • #40
                      Re: thetinman UE Diary

                      Received letter from cap one in answer to missing prescribed terms letter it says they have sent me a reconstituted copy of my original agreement a copy of my current t&c's and a statement of account and have fully complied with s78 of the consumer credit act and that I failed to state why the agreement is improperly executed pursuant to section 61(1) of cca 1974.
                      it then goes on to talk about judge waksman in carey blah,blah,blah
                      they then say the agreement is enforceable and will continue to treat it as such.
                      do I ignore or is there some letter I should send.

                      Comment


                      • #41
                        Re: thetinman UE Diary

                        Originally posted by thetinman View Post
                        Received letter from cap one in answer to missing prescribed terms letter it says they have sent me a reconstituted copy of my original agreement a copy of my current t&c's and a statement of account and have fully complied with s78 of the consumer credit act and that I failed to state why the agreement is improperly executed pursuant to section 61(1) of cca 1974.
                        it then goes on to talk about judge waksman in carey blah,blah,blah
                        they then say the agreement is enforceable and will continue to treat it as such.
                        do I ignore or is there some letter I should send.
                        Send this off to them > Final Response - Unenforceability (CCA Received)
                        Last edited by AAD-LinkEditor; 10 January 2012, 09:28.
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • #42
                          Re: thetinman UE Diary

                          Originally posted by thetinman View Post
                          I have Received a cca from Barclaycard, have sent them to niddy to check
                          Barclays is unenforceable, all they've sent is some terms, yea - what else?

                          It's

                          Respond as follows: ---> CCA Query - Terms & Conditions Received
                          Last edited by AAD-LinkEditor; 10 January 2012, 09:29.
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #43
                            Re: thetinman UE Diary

                            Originally posted by thetinman View Post
                            I have Received a cca from cahoot, have sent to niddy to check but one looks enforceable to me
                            This is a Cahoot Flexi-Loan, I tend to avoid these as they are kind of a s.77 & s.78 account so it's hard to establish properly; that said I do not know of one case where cahoot have successfully taken action against a debtor with a Flexi-Loan. These loans worked like an overdraft cum loan, thus the terms are really sketchy - basically see what happens but for now class it as temporarily unenforceable and respond with this: ---> CCA Query - Missing Prescribed Terms
                            Last edited by AAD-LinkEditor; 10 January 2012, 09:30.
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment


                            • #44
                              Re: thetinman UE Diary

                              Originally posted by thetinman View Post
                              Received letter from cap one

                              do I ignore or is there some letter I should send.
                              Ignore them.

                              Yea they always say this, it's a copy/paste job and yes they can send a recon (in line with Carey) however that doesn't mean they can only send a recon of terms, they still need to send the terms from inception AND current ones; they have not so it remains
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment


                              • #45
                                Re: thetinman UE Diary

                                Originally posted by in 2 deep View Post
                                I wouldn't, but it doesn't matter too much mate - it's 50/50 as to whether you answer or ignore.

                                Cheers
                                Last edited by AAD-LinkEditor; 10 January 2012, 09:32.
                                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                                Comment

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