Unenforceability & Template Letters

tryingto

Firstly, thanks so much for this thread.

I have been trying to get my credit agreements since November last year. I sent them all recorded delivery, but they were all ignored. Then I wrote again, and again. I'm not sure what to do now and I was really hoping for some help/advice if possible.

I got myself into terrible, terrible financial trouble several years back and the accounts date from 2000-2004. My accounts and what has happened is below.

Nat West - sold the account to a debt collector. Debt collector wrote to say I had to write to Nat West (who said they sold the account and so they couldn't help). Debt collector wrote in November 08 saying account on hold for 28 days but still didn't provide agreement. Since then I have had a few letters chasing the account but no agreements. Not sure who I should write to or do next?

Egg- sent several letters and then they wrote back saying I had to provide a signature, which I did. Wrote to them again, but they have never supplied agreement (from November initial request).

Halifax have just ignored every letter and I get lots of letters from different debt collectors. When I write to them about CCA they never reply but just send another debt letter.

Barclaycard sent a standard credit card agreement at the time of the account. It is on different pages and doesn't have a signature etc. Their legal department say that is all they will provide and they are not obliged to provide any more.

MBNA sold my account in 2004 to a debt collector. After a long time chasing they sent me a photocopy of my application.

There are a couple more but I will stop now as I know that is a lot and don't want to monopolise the thread. Thanks very much in advance.

never-in-doubt

Tryingto, as per our PM's - please confirm in numbers:

1. How many defaults?
2. How many CCJ's
3. How many live accounts?

What CRA data have you read? Experian, Equifax or Call Credit - or all 3?

tryingto

Hiya, thanks. 7 defaults (I got letters and copy notices). One CCJ (but I paid the account off that had that). No live accounts, all accounts were put to debt departments or debt collectors several years back. I think it was Equifax. I'm not keen to check again though (unless you would advise) as last time it seemed to cause lots of contact from the debt collectors.

never-in-doubt

tryingto wrote: »

Hiya, thanks. 7 defaults (I got letters and copy notices). One CCJ (but I paid the account off that had that). No live accounts, all accounts were put to debt departments or debt collectors several years back. I think it was Equifax. I'm not keen to check again though (unless you would advise) as last time it seemed to cause lots of contact from the debt collectors.

Hiya

Ok, from memory when was the last default - do you think? Basically, if they were from 2002/2003 i'd be looking to hide for another year til the start of 2011 and then apply for your credit files - the defaults will drop off. If you rouse activity now, then yes - chaser letters will start again.

It just means being patient for 1 more year

tryingto

I think you are probably about to tell me I am really stupid....(which I deserve in various ways right enough!)...but I pay them all token payments (originally arranged through CAB. Is that the wrong thing to do?

Last default was late 2004. Happy to be patient..nothing to lose! What will happen when defaults drop off..does my account clear or does my credit file go on forever because the amounts are outstanding?

Lastly, do you think I should do anything about chasing up the CCA's? I guess I have fantasies of a few of them not being able to supply the info...

never-in-doubt

tryingto wrote: »

I think you are probably about to tell me I am really stupid....(which I deserve in various ways right enough!)...but I pay them all token payments (originally arranged through CAB. Is that the wrong thing to do?

Last default was late 2004. Happy to be patient..nothing to lose! What will happen when defaults drop off..does my account clear or does my credit file go on forever because the amounts are outstanding?

Lastly, do you think I should do anything about chasing up the CCA's? I guess I have fantasies of a few of them not being able to supply the info...

OH MY GOD! It gets worse.......

Ok, so lets get things straight. You have 7 defaults and pay token payments but they never write to you or hassle you? It has just been like that for years?

If not, then please tell me the facts cos I am confused to hell now!

2 choices here:

1. Cease paying and await statute barred (basically if you do not pay or acknowledge the debt for 6yrs it will go away - legally and is called statute barred and conforms to the limitations act)

2. Default expiry date - this means whether you pay or not the defaults will vanish 6yrs after the date of default.

Do you kinda grasp what i'm saying and why i'm confused lol?

tryingto

Oh no they write to me all the time...just not providing CCA info! They send regular chasing letters from lots of different debt collectors, but the CAB helped me initially and explained to them my circumstances so I think they thought I was a bit of a lost cause when they found out my situation and they sold my debts on and on. I do still get regular chasing letters though..all the time!

Sorry...I am rubbish at explaining this, sorry for causing confusion..I confuse myself!

Okay, so after 6 years all the defaults disappear...even if the accounts are outstanding? I didn't know that, that sounds great. So, unless I can get the CCAs and they are unenforcable i would still owe the accounts but they wouldn't show on my account as defaulted, just an account. Not that I plan on credit ever again...

I am thinking maybe I should chase them all for CCA one more time (and write to ones that have supplied applications and photocopied terms) then if they don't reply stop the token payments and see what happens? I have no assets of any kind to take so might be worth the risk?

Thanks

never-in-doubt

tryingto wrote: »

Oh no they write to me all the time...just not providing CCA info! They send regular chasing letters from lots of different debt collectors, but the CAB helped me initially and explained to them my circumstances so I think they thought I was a bit of a lost cause when they found out my situation and they sold my debts on and on. I do still get regular chasing letters though..all the time!

Ok, thanks that makes more sense now lol

tryingto wrote: »

Sorry...I am rubbish at explaining this, sorry for causing confusion..I confuse myself!

Female by any chance? :rotfl:

tryingto wrote: »

Okay, so after 6 years all the defaults disappear...even if the accounts are outstanding?

Yes you got it, they will vanish from your credit file. Go to page one and read some of the letters, there are not many..... it'll teach you loads about the laws and can do's and can not's....

tryingto wrote: »

I didn't know that, that sounds great. So, unless I can get the CCAs and they are unenforcable i would still owe the accounts but they wouldn't show on my account as defaulted, just an account. Not that I plan on credit ever again...

Ok, i'd start with a structured plan. Get a copy of all 3 credit files first. Then when you have them, you'll know a lot more - dont send anything to the DCA's right now - wait til you get the CRA reports through. Then PM me or post here for next batch of questions lol

tryingto wrote: »

I am thinking maybe I should chase them all for CCA one more time (and write to ones that have supplied applications and photocopied terms) then if they don't reply stop the token payments and see what happens? I have no assets of any kind to take so might be worth the risk?

Thanks

Nooo - not yet. Just get the CRA reports first and foremost. You could be paying into/chasing a CCA for a debt that is not there!

Trust me get upto date copies of your credit files then come back and i'll advise further.... send £2 to each CRA with your last 6yrs addresses and proof of ID.

tryingto

Ahem....ermm..yep, female but I won't tar the whole gender..it's just me being hopeless!

A structured plan sounds a great idea. I'm a bit scared to get my credit files again in case it causes a huge amount more contact and people at my door, but i will take your advice and go for it.

Will go and get reading. Thanks very much for all your help, much appreciated. I shall go and get reading.

never-in-doubt

tryingto wrote: »

Ahem....ermm..yep, female but I won't tar the whole gender..it's just me being hopeless!

A structured plan sounds a great idea. I'm a bit scared to get my credit files again in case it causes a huge amount more contact and people at my door, but i will take your advice and go for it.

Will go and get reading. Thanks very much for all your help, much appreciated. I shall go and get reading.

Hiya

Ok, do that - trust me, no1 can come to your door! I also wrote a guide on that with copy letters so have a read - that will prove to you that you are in control at all times - not the lenders/DCA's who just think they are the boss! Typical woman then eh? being the boss :think:

Dealing with Bailiffs Harassment

So get your credit reports and then let me know what they say and we'll go from there!

Experian Ltd
Consumer Help Service
PO Box 9000
Nottingham
NG80 7WP

Equifax Plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US

Callcredit Ltd
Consumer Services Team
PO Box 491
Leeds
LS3 1WZ

As I say, send a list of your last 6yrs addresses, plus a £2 cheque and proof of I.D (a copy of passport/driving licence etc) plus a utility bill or similar.....

Have a read of this thread as well, its one we started for people that needed help in default removal - seems to be one of those threads that take most my time! Lots of letters on there and success stories from where the lender backed down and removed default entries etc...

http://forums.moneysavingexpert.com/showthread.html?t=1674391&page=59