12+2 day letter and 30 day letter -- are they still valid?

10past6

AverageJoe wrote: »

One more thing - this new rule, does it apply to all CCA

It does not cover O/D

AverageJoe wrote: »

Of course, if the agreement concerned dates back to 2001 for example, does the lender still have the additional month ..?

No - 12+2 days ONLY = 14 days

If you send of the CCA request, it goes to who your paying NOW, not who was the OC (Original Creditor)

AverageJoe_4

Thanks 10past6 - you're a star.

AJ

10past6

AverageJoe wrote: »

Thanks 10past6 - you're a star.

Joe, when you send the letter, send by recorded delivery, after the time-scale, if they've not complied, you're under NO legal obligtion to pay them until they produce the document.

AverageJoe_4

10past6 wrote: »

Joe, when you send the letter, send by recorded delivery, after the time-scale, if they've not complied, you're under NO legal obligtion to pay them until they produce the document.

Well I did all that before xmas and they first ignored the letter so I sent another one - they wrote back in Feb stating that "they no longer hold my application in their records"...

Im guessing now that I've got that in the bag somewhat..

I am seeking refunded payments from them too (I am greedy without a soul - I know) - if I can. What's the best move and whats the most agressive move - I'll draw up a happy medium....

AJ

10past6

AverageJoe wrote: »

What's the best move and whats the most agressive move

Nothing

The onus is on them to prove the debt is enforceable, if they can't yet continue to harass / take legal action against you, sue them.

Don't chase them for the CCA, they may just find it

AverageJoe_4

OK, so yes I thought that - push them and they might just find it - so I'll write to them again and claim that I know and they know that the debt is not enfo'ble...how do I get it officially recognised as such - get an admission from them that its "game over" - they are not hassling me but it wont be long before they ask for a payment.

Also, what about repayment compensation..? I want it I want it I want it!!!!!!

AJ

10past6

AverageJoe wrote: »

how do I get it officially recognised as such - get an admission from them that its "game over"

It's never game over, just unenforceable, you're account is in dispute once the 12 sdays have passed, you need do nothing more.

AverageJoe wrote: »

Also, what about repayment compensation

This is just my opinion, if you owe them £2.00, but they owe you £1.00, DON't CLAIM ANY Charges.

If you owe them £1.00, but they owe you £2.00 claim them back.

AverageJoe_4

10past6 wrote: »

It's never game over, just unenforceable, you're account is in dispute once the 12 sdays have passed, you need do nothing more.


This is just my opinion, if you owe them £2.00, but they owe you £1.00, DON't CLAIM ANY Charges.

If you owe them £1.00, but they owe you £2.00 claim them back.

OK I hear ya - and yes I agree re: charges, although I kinda meant refund of payments rather than reclaiming charges as such - I have no charges on the account and ofcourse, it may as well be a million dollars cos if it's unenforceable then what's it matter...?

So no chance of a compensatory payout then?

Greedy AJ.

10past6

AverageJoe wrote: »

So no chance of a compensatory payout then?

If they leave you alone Joe, let them have it, otherwise, go in for the kill

AverageJoe_4

Thats what I like to hear !!! Ive missed 2 payments so far, they've called me twice and they said they would put calls on hold - its all been very "nce" so far but Im sure there is nothing on their files that suggests that my accounts is unenforceable... I just wondered how claims firms deal with it and conclude it - there must be some kind of correspondence between lender and client that results in the admission from the lender that the account is officially unenforceable, otherwise it would appear that the client has defaulted on it and will get stuffed etc.... that cant be right - can it?

AJ