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Unenforceability & Template Letters III

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  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    natweststaffmember wrote: »
    NID, with regards to the previous question post 95 would Scotland be 5 years?(just leaving you with an easier question for this weekend ;) ).

    Statute Barred is 5yrs in scotland but 6 in england.... :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    davewelch00 wrote: »
    I have 3 defaults on my credit report.

    The defaults will stay, unfortunately - basically you get out of paying the debt back - in excahmge for the default...... sorry... :(
    davewelch00 wrote: »
    1 is an old defaulted account I had with orange from before 2007.

    Mobile phones are exempt from CCA1974 so cannot send a CCA in - you need to try and haggle for F&F settlement - use this version template here: Default Removal - Offer of F&F Settlement
    davewelch00 wrote: »
    2 is a default from CapQuest they have been trying to chase me up for old bank charges, pre 2007. The total amount of around £200 is made up purley from charges adding up.

    Try the same letter above, with this one.
    davewelch00 wrote: »
    3 is a default from Abbey for the same instance as above, pre 2007 also.

    Same advice.

    Basically overdrafts and mobiles are exempt from CCA so forget CCAing them, you need to haggle with them.... don't hold your breath though, they will make it hard for you....:(
    davewelch00 wrote: »
    I naively made token payments to each account so they will be on my credit report for another 3 years or so.

    They remain for 6 years from date of default.....
    davewelch00 wrote: »
    Am I wasting my time with CCA requests which I am preparing to send next Monday, 26th April?

    Yep - they will not respond, as they do not have to - legally or otherwise....
    davewelch00 wrote: »
    My aim is to have the debts prooven as unenforceable and have the defaults removed from my credit report.

    Best of luck, i'd not hold your breath though...... defaults will have to be negotiated with any payment offer you make... can be done, but is hard!

    Best of luck - by the way, have linked to your thread as well: My First CCA Request
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Moobags wrote: »
    I know NID is away but I'm hoping someone maybe able to give me some advice

    24/03/2010 sent a CCA request to Cap 1 . . . . .no reply
    12/04/2010 sent reminder to Cap 1

    Today I have had a letter from a DCA . I rang them up and explained the account was in dispute and I had requested a CCA from Cap 1 . The agent I spoke to asked if I denied spending the money on the card and said I had to repay or it was fraud (I admitted to nothing !!)
    He said I needed to send another CCA request to them

    What should I do next ?

    You do not ring them - ever! Stop this practice here and now, you need proof - proof = letter, not a phone call....

    As pebbles advised here: #2112

    Send the Prove it Letter. :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    amersall wrote: »
    to save me trawling through all of this thread, has anybody had a loan or cc deemed unenforcable?

    Well yea, i've had 100's deemed unenforceable! Tsk - read the thread! :mad::mad:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    elsie52 wrote: »
    Hi Niddy,

    Now from reading this thread I know that nothing is enforceable until Niddy says so.!!

    What do we do next.? Wait.

    Hiya

    send this back - it is not enforceable with what you've said, I do not even need to see it: CCA Dispute - Forged Document Supplied

    Remember to add some points, such as the fact you never lived at the address etc (at the time the alleged agreement was signed).... :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Locke wrote: »
    There have been a few letters scanned up from banks who have said they can't find the CCA and won't chase you for the money until they can find it, others have admitted what they have is unenforceable so won't bother.

    What you will find a lot of not just from this thread but other forums like the consumer action group is that the banks won't admit it's unenforceable and will chase you for the money still but won't take you to court for it as they know they won't win.

    Hi

    Please do not mention that other forum on my thread - I really do not suggest people go there for this type of advice - it is way too legal oriented and will make most people weep with despair....

    :beer::beer:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • catherine238
    catherine238 Posts: 32 Forumite
    Welcome back nid hope your well rested. So happy at the mo thank you:-D cabolt is the old index credit card debt and you said they where not supposed to share info with 3rd parties so do you think cabolt loaded the default with cra? Can they do that I have never heard from them that they bought the debt but I have moved quite a bit? So happy right now just that double default to hear about. Really want to go for a mortgage at end of year worried that cabolt default could ruin it:-( thanks again really couldn't have done it with out you:-D
  • swanfan02
    swanfan02 Posts: 1,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    swanfan02 wrote: »
    Hi NID Have had no response so far from Barclaycard/Robinson Way or MBNA/Experto. 30 days have now passed since i sent CCA reminder, should i now send next letter to DCAs or should i wait a bit longer?
    Hi NID hope your weekend was free of stress & full of beer.:D Had a document from MBNA, can you PM me your email addy so i can send this to you to have a look at.Thanks.
  • pebbles88
    pebbles88 Posts: 1,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Moobags wrote: »
    Oh Pebbles thats not what I wanted to hear :eek: but its always best to be prepared so thank you ,I'll let you all know what happens :beer:

    im sorry poppet! each case is different so dont expect the worse!

    if they come back and say its unenforceable, if you can afford perhaps try negotiate a full and finall with them?

    at this point dont even stress over it! xx
    Please be nice to all moneysavers!
    Dance like nobody's watching; love like you've never been hurt. Sing like nobody's listening; live like it's heaven on earth."
    Big big thanks to Niddy, sorely missed from these boards..best cybersupport ever!!
  • trigger1812
    trigger1812 Posts: 58 Forumite
    Hi Nids, hope you had a great time and the weather was fab! I have received a reply from link saying the following.

    You recently made a request under section 77/78 for copies of various documents.
    As you are aware Link Finacial purchased your debt from Lloyds TSB bank on 29 July 2005 and as such we do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from Lloyds TSB Bank PLC and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide.

    So NIDS do I now wait 30 days from the date of the letter?
    Thanks in advance.
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