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Hi Guys, CCA request return - for Capital One, they sent me what purported to be a reconstituted copy of an agreement from 1998 and told me that they were quite confident that it was fully enforcable. I, of course. have no way of knowing whether this copy is accurate or not. Also, I suspect that they have sent a reconstituted copy because they don't have the original. I have sent them a subject access request to try to flush this out. Do you think I should respond to their letter saying that I don't recognise the document and would expect them to produce the a copy of the executed agreement in order to confirm that the debt is enforcable in court? Or something else? As ever, your help is much appreciated. I think you guys are providing a hugely valuable public service. S
Hi all, In late 2006, my wife and I took out a loan from Nemo for c£23k with an up front PPI policy of around £6k thrown on top for good measure (I don't have exact figures to hand just now). We sold our property a year or so later and our solicitors paid off, from the proceeds, the loan, PPI and six months interest (you know, like they do), which astonishingly totalled about £29,500. A few things happened next: My wife had a breakdown after the close proximity death of both her parents My own mother died I presented a claim for my PPI in 2008 My claim was rejected with the usual 6 month Ombudsman notice The stress of my wife's illness and my own coming to terms with the loss of my Mum meant I never followed it up I later tried to go back to them to follow this up, only to be told that they had presented me with a final response and yadda, yadda, etc. Now, I cannot recall the exact reasoning behind my initial complaint, but it should be pointed out that I was and still am a Public Sector worker who would not have benefited from such a PPI at all, i.e. my sickness benefits at work covered a period of illness up to 6 months, fully negating the PPI policy's benefits. So, onto the subject title of the thread: Today I received a letter from Nemo stating that they have been told by the FSA that: Sounds good, yeah? But... Again, sounds good, just respond to them, but here's the kicker... So, from the timeline I described above, loan in 2006 and complaint in 2008, Nemo are saying they may reject it without consideration of its merits after 2012 or 2011 respectively. Are they bluffing, and indeed hoping, that I decide not to pursue this further?
After recieving a letter from a DCA I sent off a CCA request to them. Today I have recieved a letter from the original creditor who the DCA had sent on my CCA request. Basically in their letter they say the following "Section 78 only applies during the lifetime of the agreement. As the above numbered account has been closed, and the balance paid off in full, there is no longer a regulated agreement between ourselves." Does this mean this is now unenforcable?