Unenforceability & Template Letters III

libbyjade · 24 March 2010 at 1:12PM

BeenieCat wrote: »

I thought it was safe to send the CCA Request in the normal post being as at that point it's merely a request. Soo is it safe to assume most will just pretend it never got there? lol. Their time isn't up yet, i'm just being impatient

Hi Beeniecat,

Everything should be sent recorded delivery as proof (if needed at a later date) that indeed something was sent. This was taken from the FAQ section - post #35

Q. Should I send everything recorded delivery?
A. Yes - it provides proof that you sent it and may be needed at a later date, especially being the DCA's have a habit of throwing away serious letters that were sent using snail mail and un-recorded.

BeenieCat · 24 March 2010 at 1:19PM

Thanks, i missed that bit and was being a cheapskate. I think i was too disgusted that it's £1.50 for a £1 PO :eek: :rotfl::rotfl:

I'll just have to hope they reply accordingly and from then on i'll make sure it's trackable.

libbyjade · 24 March 2010 at 1:25PM

BeenieCat wrote: »

Thanks, i missed that bit and was being a cheapskate. I think i was too disgusted that it's £1.50 for a £1 PO :eek: :rotfl::rotfl:

I'll just have to hope they reply accordingly and from then on i'll make sure it's trackable.

Haha

I know what you mean, I've spent around £20 sending stuff recorded delivery so far, but happy to spend what ever it takes to prove unenforceability. Won't come anywhere close to what they are chasing me for like :rotfl:

whisp · 24 March 2010 at 3:18PM

never-in-doubt wrote: »

Ok, so they actually sent you the Notice of Termination, i.e. the letter before they applied the default? Who sent the letter/added the default? What name is registered as the default issuer?

OK, I've gone through my file, I'm sure there weren't any letters other than what is in here, but it seems like there should have been more? Not sure why I think that lol. I'm sure I didn't shred/bin any, and I've gone through my box of other paperwork and found no more.

Anyway, this is what I received:

07/08/06 - Payment reminder letter from Kays
(09/06 - made last payment - clearing above arrears )
10/06 - payment reminder on statement (same on Nov/Dec/Jan statements)
19/02/07 - Payment reminder letter from Kays

16/04/07 - Letter from NDR demanding payment of arrears within 7 days and threatening default (title at top: Notification of instruction to proceed)

14/05/07 - Letter from NDR demanding payment of arrears within 7 days and stating default notice issued and attached (which it is - only demands arrears though? And threatens termination of agreement)

(Defaulted on 15/06/07 according to credit record)

Nothing else for 6 months then:
06/02/08 - Letter from Red Castle Recoveries saying debt has been legally assigned to their client, Phoenix

06/02/08 - Letter from SDFS, 'notice of assignment of outstanding debt' to Phoenix

22/03/08 - Letter from Resolution Legal Services, 'Litigation Notice' on behalf of Phoenix

29/07/08 - Letter from Fredrickson International Limited, demanding payment

Nothing for 6 months (ex's address?) then:

26/01/09 - Pink letter from Advantis Credit Ltd for Phoenix, demanding I call them or pay in full or they'll send a debt collector to my house or take me to court

24/02/09 - Green letter from Advantis (made to look bit like court form), implying that they're going to start court action within 14 days

Nothing since, other than the 'Gone Away' on my credit files!

OK so to answer your questions:
1. they actually sent you the Notice of Termination, i.e. the letter before they applied the default? - don't think so, from the above?

2. Who sent the letter/added the default? NDR sent the default notice (before it was legally assigned to Phoenix).

3. What name is registered as the default issuer? On my credit reports it has Phoenix on Equifax and Credit Account Management on Experian

Is all that any help Niddy?

Thanks again

discojam · 24 March 2010 at 3:24PM

I've sent the letter to Lowell Financial!

InDeepDebt · 24 March 2010 at 5:39PM

Further to this post http://forums.moneysavingexpert.com/showpost.html?p=30727215&postcount=516 , I sent the letter template 3.2.

Anyway, got this letter back.

http://i773.photobucket.com/albums/yy19/jimbob_2010/Barclaycard3rdCCArespletterp124Mar.jpg

http://i773.photobucket.com/albums/yy19/jimbob_2010/Barclaycard3rdCCArespletterp224Mar.jpg

http://i773.photobucket.com/albums/yy19/jimbob_2010/Barclaycard3rdCCArespletterp324Mar.jpg

Doesn't really say much - more of a scare letter to me.

Anyone got any idea what my next step should be?

Cheers

Jim

never-in-doubt · 24 March 2010 at 7:03PM

discojam wrote: »

I took out a Sainsburys loan (HBOS) in 2003 this is what it looks like on my credit report:

Company name: LOWELL PORTFOLIO I LTD
Account type: Loan
Started: 29/01/2003
Default Balance: £10,377
Current Balance: £5,840
Defaulted On: 30/04/2004

Right, you should not contact anyone about this - let the default drop off in April..... The more you hassle them the higher the chance they will try and CCJ you like a week before the default drop off/statute date.

Out of interest, when did you last actually pay anything into this account?

discojam wrote: »

Then last week I had a letter from Credit Resource Solutions saying they were acting on behalf of Lowell and to call them about the debt. Because on my credit report it is listed under Lowell does this mean they will have actually bought the debt from HBOS or they are acting on behalf of HBOS?

Lowells own the debt, HBOS are out of the equasion now - so you owe Lowells and they have asked CRS to chase you for funds.....

DO NOT CONTACT ANYONE AT THIS STAGE - SIT AND WAIT UNTIL 1st MAY 2010!

never-in-doubt · 24 March 2010 at 7:06PM

discojam wrote: »

Oh and also to say I'm really scared that if they issue a CCJ now, it will stay on my credit file for 6 years from now and the default is due to drop off the end of next month so I just want to do everything possible to make sure they dont issue a CCJ as that would screw everything up

Well whatever you do - do not contact them! We need to be looking at statute barred.......

discojam wrote: »

Sorry I guess it would help if I actually asked the question I meant to!

I've written out a letter to Lowell and was going to send it recorded delivery today is this the best start?

You've done what? Ok, sorry for the rant here but why would you come onto a forum and then post a question then go ahead and do something without waiting for a reply? You've probably just went and caused yourself a whole heap of !!!!!! - so now we sit and wait.

Only advice I can give you is to be calm and collected. You have to wait and get advice - if not, best of luck. If they CCJ you now then you know who to blame. Luckily for you we can still get it wiped but in future be patient :mad:

never-in-doubt · 24 March 2010 at 7:11PM

BeenieCat wrote: »

I thought it was safe to send the CCA Request in the normal post being as at that point it's merely a request. Soo is it safe to assume most will just pretend it never got there? lol. Their time isn't up yet, i'm just being impatient

Hi Beenie - nooo, you always send stuff recorded - everything!

libbyjade wrote: »

Hi Beeniecat,

Everything should be sent recorded delivery as proof (if needed at a later date) that indeed something was sent. This was taken from the FAQ section - post #35

Q. Should I send everything recorded delivery?
A. Yes - it provides proof that you sent it and may be needed at a later date, especially being the DCA's have a habit of throwing away serious letters that were sent using snail mail and un-recorded.

As he says ^^^^^^^^^^^

(Thanks mate) :beer:

never-in-doubt · 24 March 2010 at 7:12PM

whisp wrote: »

I delete the entry that you disputed (entry B2) from your credit report.

Along with this, the following Notice of Dispute relating to this entry will also be deleted"

Are Barclaycard about to finally admit they messed up, I wonder? :think:

No they will not admit to messing up, but the link will be removed which is a good start.... however you've got more than that to worry about lol...

Will work on your reply to CAM/Phoenix shortly...

Unenforceability & Template Letters III

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