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loan and/or credit cards taken out before April 2007 could be unenforceable


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I am new to the site, I recently had a company contact me saying they can see if

a loan and/or credit cards taken out before April 2007 could be unenforceable. I

sent off the forms for both a credit card and loan, they have recently got back

to me stating that they have found the credit card does not comply with consumer

act and is found to be unenforceable. I can either pay this company a one off

sum of £495 or 3 payments of £175. Does anyone have a template letter i could

use to send to the credit card company direct.

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Hi Rreeves, you have managed to post in a forum that most people don't look at. I have alerted the site team to get your post moved to a more appropriate place!

 

As for your question, if you have a look in the Templates Library (letter N) you will find one for requesting your agreement from the creditor.

 

You will need to send this recorded delivery with a £1 postal order. Remeber, don't sign the request.

 

As this firm have probably requested one recently, you will have to wait until a month (or 30 days i think) has passed from the last request as the creditor only has to respond to one request in this time period.

 

When you get the agreement, post up a scan with your personal details removed and people here can comment for you :)

 

Good Luck and welcome to CAG,

H

I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.

 

Victories:

Abbey (OH) - £680 ..... Barclaycard (OH) - £2200 ..... MBNA (OH) - £1800 ..... Shop Direct (OH) - £220

Brunell Franklin (a.k.a. Conkers) - Out of "contract" & no charge

:D

 

In Progress:

MBNA (OH) - PPI & bad default with premature termination

Capital One (OH) - ~£800 Penalty Charges

Suzuki Finance/Blackhorse (OH) - Commission, Unlawful removal, PPI, Charges

 

A Lightbulb Shop - "loss of bargain"

 

If i've helped, please feel free to hit the star ;)

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Thread moved to here !!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks 42 :)

I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.

 

Victories:

Abbey (OH) - £680 ..... Barclaycard (OH) - £2200 ..... MBNA (OH) - £1800 ..... Shop Direct (OH) - £220

Brunell Franklin (a.k.a. Conkers) - Out of "contract" & no charge

:D

 

In Progress:

MBNA (OH) - PPI & bad default with premature termination

Capital One (OH) - ~£800 Penalty Charges

Suzuki Finance/Blackhorse (OH) - Commission, Unlawful removal, PPI, Charges

 

A Lightbulb Shop - "loss of bargain"

 

If i've helped, please feel free to hit the star ;)

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I need some advice on the following... on the 28th May I sent off the CCA letter to Halifax, they cashed my £1.00 cheque on the 1st June, I should of received a letter from them on the 16th June (latest) instead of receiving a letter from Halifax I have been sent a letter from Albion collections stating I owe £9262.26 NOW. I phoned the collections agency straight away to let them know that I am still waiting for a response from my letter dated on 28th May, and that I had only spoken to Halifax the day before, I then phoned Halifax again to ask why my account had been sent to Albion (Payments have been made on a monthly basis every month) so I couldn’t understand why they have gone down this avenue. According to Halifax the reason they sent my account to Albion was because they haven’t as yet received my June payment, after explaining twice already this month that payment is not late as it comes out on a direct debit on the 28th of each month. I was then told by the guy at Halifax to ignore the letter from Albion and to make sure I pay my monthly instalment on 28th of this month as agreed. I also mentioned to Halifax that I had sent a letter requesting my signed credit agreement and should have had a letter from Halifax on the 16th acknowledging my letter. Every time I mentioned the CCA letter he changed the subject saying a letter is on its way. Im really not sure what to next – I don’t believe they have my signed form, nor do I understand why they sent my account to a collections agency. Can anyone shed any light on this?

Edited by rreeves2682
still waiting Can anyone help -
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I need some advice on the following... on the 28th May I sent off the CCA letter to Halifax, they cashed my £1.00 cheque on the 1st June, I should of received a letter from them on the 16th June (latest) instead of receiving a letter from Halifax I have been sent a letter from Albion collections stating I owe £9262.26 NOW. I phoned the collections agency straight away to let them know that I am still waiting for a response from my letter dated on 28th May, and that I had only spoken to Halifax the day before, I then phoned Halifax again to ask why my account had been sent to Albion (Payments have been made on a monthly basis every month) so I couldn’t understand why they have gone down this avenue. According to Halifax the reason they sent my account to Albion was because they haven’t as yet received my June payment, after explaining twice already this month that payment is not late as it comes out on a direct debit on the 28th of each month. I was then told by the guy at Halifax to ignore the letter from Albion and to make sure I pay my monthly instalment on 28th of this month as agreed. I also mentioned to Halifax that I had sent a letter requesting my signed credit agreement and should have had a letter from Halifax on the 16th acknowledging my letter. Every time I mentioned the CCA letter he changed the subject saying a letter is on its way. Im really not sure what to next – I don’t believe they have my signed form, nor do I understand why they sent my account to a collections agency. Can anyone shed any light on this?

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(How old is the account ?) Once they are outside the 12+2 working days then they slip into default of your request, this is the follow up letter (send recorded) - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

If they still fail to send you a copy of your agreement, then you could try this - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html - with this being the possible effect if they fail to provide - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks for your advice – I have never done anything like this before, nor have I ever been sent a letter by a collections agency. I got the loan in 2006 but don’t actually remember signing anything, I have just popped letter 2 in the post! They have been ringing my mobile for days; I have barred their number from my phone for the time being. As I explained to the guy from Halifax last night - I am under the impression that the account in now in dispute as they haven’t bothered to reply to my cca request. Lets see what response I get from letter 2!

Should I stop my monthly direct debit until they have written back? Or should I keep the payments going?

I'm worried they will keep charging me or worse send me a default notice if they don’t get the usual monthly instalment?

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  • 3 weeks later...

CAn anyone help with this one... (have been sent a photocopy of a preference account) I recently wrote to Halifax requesting they supply me with a true - signed agreement. This was sent on 16th June, This was the 2nd letter requesting the CCA (first letter sent 28th May) never heard a thing, i finally got a letter from them last week 09/07/2009, thanking me for my request for information in respect of the loan. please find enclosed a signed copy of the executed agreement. (they have also supplied a statement of the account)

 

The weird thing is my request was for a loan and the ''signed'' (photocopied form) they have sent me states at the top PERFERENCE ACCOUNT? there are no details of when the loan starts, how much repayments are or what interest will be charged. to be honest the signature doesnt even look like mine? is there another template letter i need to send them??

 

Your advice is greatly appreciated

Edited by rreeves2682
Desperate help needed
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Threads merged and moved to the HBOS Forum.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 1 month later...

Can anyone shed any light... I really need some advice on the following..

I have written to Halifax to request a true copy of my credit agreement. I have been sent a letter from them it reads..

 

Thank you for your statutory request for information in respect of the above loan agreement. please find enclosed a signed copy of the executed agreement.

 

PLease find enclosed a state,emt of your acount. This provides the other information you require.

 

They have infact sent me a Preference Account form stating only my name and address there is nothing on the form that states how much the 'loan' is for, apr, interest, monthly payments etc.

 

Has anyone got a template letter, I was under the impression that this was a loan not a preference account (not even sure what this is) please help as getting frustrated with these bunch of cowboys!

Edited by rreeves2682
No One has replied?
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  • 2 weeks later...

you have sev threads on the same subject runing

i'll get a ll these merged to your already running thread in the halifax forum.

 

i would suggest that you scan the cca reply and post up the link to: photobucket is best for this.

 

As you have already been advised elsewhere, you need to fire off the failure to comply letter.

 

dx

  • Haha 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 5 months later...

I have just found out that my Natwest credit card which I took out in June 2006 could be written off. Due to breech of contract for irresponsible lending and because they did not get me to sign a new contrat to changes in interest rate. Has anyone got a template letter to use for such a claim?

 

Thanks

P

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