BillyTommo's UE Diary

[Never-In-Doubt]

Re: BillyTommo's UE Diary

http://www.all-about-debt.co.uk/old/...-form-received

[billytommo]

Re: BillyTommo's UE Diary

Niddy deemed the CCA received as totally illegible and advised me to send Our Templates | Unenforceability Templates | CCA Query - Illegible Document Received in reply. Thanks a lot for looking, Niddy. Will send that off on Monday

Well,well. Doesn't time fly and all that. Apologies for not posting on here for ages but I have popped in for a browse from time to time. Things have quietened down a lot from what they were. I have received comms from my old adversaries Shoosmiths. In a nutshell it is regarding my NW account that they demanded a sig for for ages. They finally sent it even though they didn't get my sig and what they sent was totally illegible. They now send me what they describe as a "better copy of your credit agreement". It is slightly better but it still can't be read. They say that the agreement includes the prescribed warning: "This is a credit agreement regulated...Sign it only if you want to be bound by it's terms." They continue that they are of the opinion that the agreement, together with statements showing use of the account would be sufficient to convince the court that I owe the money. I already sent the illegible copy template in January of last year. Should I send it again as it is a different copy, albeit still totally illegible, or is there some other angle to come at this from?

TIA Billy

[PlanB]

Re: BillyTommo's UE Diary

from my old adversaries Shoosmiths. In a nutshell it is regarding my NW account that they demanded a sig for for ages. They finally sent it even though they didn't get my sig and what they sent was totally illegible. They now send me what they describe as a "better copy of your credit agreement". It is slightly better but it still can't be read. They say that the agreement includes the prescribed warning: "This is a credit agreement regulated...Sign it only if you want to be bound by it's terms." They continue that they are of the opinion that the agreement, together with statements showing use of the account would be sufficient to convince the court that I owe the money.

Have you been sent the Terms & Conditions?

Shoosmiths can have all the opinions they like but it's facts that convince a judge one way or another.

[billytommo]

Re: BillyTommo's UE Diary

I was sent the original T&Cs back in January 2013 when they sent the first "totally illegible" agreement. The T&Cs are just about readable with care but the agreement is definitely not.

Just another thought on this. The card number on the agreement is not from the card in question, totally different but I suspect it is from a Mastercard taken out at the same time as the Visa in question. They have already admitted not being able to locate the agreement for the Mastercard but then the number is on this agreement. Should I just keep schtum and keep that for a later date if it comes to it?

[Pixie]

Re: BillyTommo's UE Diary

Should I just keep schtum and keep that for a later date if it comes to it?

I would.

I would send CCA Query - Illegible Document Received to Shoosmiths if the new copy is still illegible. To access our templates now you have to Register with the main website

[billytommo]

Re: BillyTommo's UE Diary

Thanks for that. I can just photocopy the last letter and send that, numpties!

[Pixie]

Re: BillyTommo's UE Diary

What's wrong with printing it out again? Some of the templates have been updated, though I'm not sure which ones.

[billytommo]

Re: BillyTommo's UE Diary

I was being a bit facetious what with them sending virtually the same document, still illegible though, so I could send the same document I sent before. The point about updated templates is noted though and I probably will send that

[billytommo]

Re: BillyTommo's UE Diary

At the risk of becoming complacent, things have become really quiet lately. It is getting longer periods between batting back letters to whoever! Anyway, the latest communications I have had are for my Barclaycard which is with MKDP. They sent me a copy of an application form back in March which I didn't respond to and now they have sent me half a dozen pages of T&Cs. I would like to bat back to them with something if only for the sake of the paper trail

The other one is the American Express account deemed by Niddy a while back. This is one of the smaller balances and they have made a couple of settlement offers. I really wish I had the money as I wouldn't have minded getting it out of the way. Anyway, a new lot have entered the fray: Charter Mercantile (UK) Ltd. I think I'll send them the SWID template

[billytommo]

Re: BillyTommo's UE Diary

It has been quiet for ages now but I knew that I was just delaying the inevitable with my 100% Santander card. Now I have received an N1 and would like some advice as to which way to proceed. I have challenged a couple before (with help,obviously!) but this is the first one that I don't think I can get away from. Any advice gratefully received

[PlanB]

Re: BillyTommo's UE Diary

It has been quiet for ages now but I knew that I was just delaying the inevitable with my 100% Santander card. Now I have received an N1 and would like some advice as to which way to proceed. I have challenged a couple before (with help,obviously!) but this is the first one that I don't think I can get away from.

Don't worry, you'll soon get some help

First of all can you link to a post on your thread which has the history of this Santander account so that Niddy and Andrew can get the full picture.

Email a copy of the front page of your N1 Form (the Particulars of Claim) to Niddy using webmaster@all-about-debt.co.uk .

Has there ever been a CCA request sent for this account? If so email that to Niddy too without blanking anything out if you haven't already done that (I don't know why you say it's enforceable).

PlanB x

EDIT: I can see you already have access to the legal section so read this to find out what to do next > http://forums.all-about-debt.co.uk/s...l=1#post423186

[billytommo]

Re: BillyTommo's UE Diary

I have started a new thread in the legal section as per the link that was in your post. I have posted a mini diary for the specific account concerned. I hope that is okay and await further instruction

[billytommo]

Re: BillyTommo's UE Diary

I have just received another offer with regards to my Amex card deemed by Niddy. This is the latest offer which is lower than the last one. I would love to just pay this off as it is severely tempting at less than half of the balance. Why would they be making offers like this? What should I do next?

[The Tech Clerk]

Re: BillyTommo's UE Diary

seriously think about next move if it is enforceable, see what others say for starters

[billytommo]

Re: BillyTommo's UE Diary

It is one of the smaller balances so if any would be affordable then this would be it. Still be difficult, though