unenforceability and template letters

Re: unenforceability and template letters

Postby Arten » Mon Nov 16, 2009 2:07 pm

Hi Markie
Thanks for taking time out with your great advice. However, I believe I am dealing with Solicitors who claim to be acting in house. I am going to point out when I write to them tomorrow that the Bank failed to respond to my request in the stipulated time. They went quite for a month then sent me another threatening letter. As far as I am concerened they are in dishonour and my attitued is take me to court they don't have a case. And like I pointed out before they actually gave me a bank account in a name that is not my birth name. LOL
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Re: unenforceability and template letters

Postby TomBlake » Sun Jun 26, 2011 7:53 pm

Hi guys, my wife has a credit card and i plan to use the template letters, this is the first time i have done this and as my wife is of a particularly worrying disposition can i represent her? I understand of course i can send the letters but she worries about goin to court as she wouldnt be able to stand up for herself, bless her! Can i or even maybe someone else represent her in court if it comes to that? thanks for any help guys

Tom
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Re: unenforceability and template letters

Postby knightron » Mon Jun 27, 2011 9:28 am

Yes you can represent your wife in court , but you can only do so as a Responsible adult, or makenzie friend. You will need to write to the court and inform them that you will be acting on your wifes behalf and ask their permission to do so, stating that your wife doesn't UNDERSTAND the wording or implications of the case against her..They usually let you, but you can get the odd akward bastard in court who will not even let you speak if you don't ask them first..

I am going through the same sort of thing with My sister-in-law. but with a hire purchase company...Good luck with it and please let us know how you get on..
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Re: unenforceability and template letters

Postby TomBlake » Mon Jun 27, 2011 4:56 pm

Thanks Knightron, great info mate, and i will let you know how things go. I hope things go well for you and your sister-in-law, this is the first thing i have done since waking up to the deception so it is a little daunting still! I have seen a few template letters for the credit card debt. Is there one in particular that would be best to use?
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Re: unenforceability and template letters

Postby sethyhead » Wed Dec 16, 2015 12:45 pm

Hi All
I know this thread is a few years old but I have stumbled upon it and hope you can help.
In a nutshell:

My father passed away in September 2015 and after going through his banking / paperwork (and there was loads) I found that he had been paying ‘Link Financial’ £20 per month for at least the past 15 years. Other than yearly statements of accounts ( in which the debt seems to be increasing) and a conversation with my mother about it being connected to a loan from 20 years ago that went to court and was bought by a couple of companies before landing with Link. I have no other information.

When my father’s bank was closed, Link Financial telephoned my parents’ house within a few days of not being able to collect the monthly payment and then wrote to me asking for details of the executor so that they could claim against my father’s estate (which was very small indeed) for the full amount.

I sent a SAR to them in October asking for a copy of the signed credit agreement etc. and a breakdown of account for as long as they have held it, so I could go down the path of ‘unenforceable agreement’ etc. and have not had any response from them since. This leads me to believe that they have no paperwork at all and have been relying on my father’s financial ignorance to continue receiving the £20 per month.

I now would like to pursue them for all the payments that he made to them over the years as I believe that they have taken these from him under no legal basis but wanted some advice as to if / how it can be done? I believe that they should be made to pay back all the payments plus interest in the same way as a PPI claim would work.

I hope you can help and let me know whether it is worth fighting them for this money or it is a waste of time.

Many thanks in advance

Seth
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Re: unenforceability and template letters

Postby Baboy777 » Fri Jan 22, 2016 3:14 pm

Hi folks as a first time newbie i wanted the more experienced of you to help please

I had a Barclaycard Credit card and went into Default on it in 19/08/2010 -Barclaycard instructed MKDP to chase for the money, a year or so ago i served the usual S77/78 to both MKDP and Barclaycard and was sent the usual reconstituted terms of agreement etc and Barclaycard said they have satisfied my Request.
The Credit card was taken out with BC in 1995 however they cannot find the original .- Barclaycard recently sold the debt to Robinson Way who, I am told have bought out MKDP as a company and therefor have taken over their files.

I have recently served Robinson Way on the 28th October with a CCA S77/78 notice but they have not responded within the laid down timescales nor have they supplied this request as yet .
I have sent several letters stating they have failed to comply with UK law etc etc . Yesterday I sent Robinson way A SARS request and someone phoned me today asking what i needed this information for which is laughable.

Apart from a SECTION 10 notice which i have served on Robinson way is there anything else i can do legally to get then to provide me with the information or to stop them processing defaults on my Credit File ?
all help would be appreciated .
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Re: unenforceability and template letters

Postby bubbs » Sat Aug 20, 2016 1:55 pm

hi i sent letter one, then got back the agreement back, couldnt understand said agreement at all! Sending letter four now, so fingers crossed. What do i do after that thanks in advance :hug:
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Re: unenforceability and template letters

Postby bubbs » Tue Sep 06, 2016 12:48 pm

really need some advice i sent this letter and they have sent back saying to contact the financial ombudsman with a complaint????And i have to do this within six months is this correct?
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