Unenforceability & Template Letters

nurse-money

has anyone bee successful in having their debts written off following these letters?

never-in-doubt

nurse-money wrote: »

has anyone bee successful in having their debts written off following these letters?

i'd say several thousand! at least.... and counting. I've seen and helped several get wiped for people on here......

Please get it right, nothing is 'wiped' it is made unenforceable. The aftermath is removal of default which seems to be the hardest hurdle but we're getting there.......

Milley_2

fermi wrote: »

Section 40 of the "Administration of Justice Act 1970" no longer applies to the harassment of a debtor under a "commercial practice" since the CPUTR 2008 came into effect.

CPUTR 2008 however does prohibit this, so it is better to quote that.;)

Well........ That is what the OFT told me when I asked, so...........

I am confused - and ready to send a Harassment by Telephone letter.
Should I use the existing text or is it necessary to change it with reference to the CPUTR 2008?

Thanks for a great thread.

never-in-doubt

Milley wrote: »

I am confused - and ready to send a Harassment by Telephone letter.
Should I use the existing text or is it necessary to change it with reference to the CPUTR 2008?

Thanks for a great thread.

To be honest they won't pick up on it so just send it as is for the moment, i'm awaiting clarity from ICO as to exact terminology..... worse case scenario, take it out altogether.....

catwoman150

Is there a letter that I can send to moorcroft for not supplying a CCA after I have sent two letters to them, the first one asking for one and the second one for a dispute letter.

never-in-doubt

catwoman150 wrote: »

Is there a letter that I can send to moorcroft for not supplying a CCA after I have sent two letters to them, the first one asking for one and the second one for a dispute letter.

Yea, page 1 underneath the CCA letter etc.... its No.6.

Account in Dispute - Section 10 Notice

Dear Sirs,

Account No:

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.
(date = 12+2 days after you sent the CCA request - delete this text)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore;

You are aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter and look forward to hearing from you in writing within 30 days.

Yours faithfully




Sign digitally

cozasmom

Great work and thanks for your hard work but has anybody been sucessful in cancelling their debts on credit cards ( this is my interest), or managed to negotiate a much lower final settlement.

never-in-doubt

cozasmom wrote: »

Great work and thanks for your hard work but has anybody been sucessful in cancelling their debts on credit cards ( this is my interest), or managed to negotiate a much lower final settlement.

Yes, loads but not 'cancelled debt' its called 'unenforceability' - nothing gets cancelled, it just becomes unenforceable means they cannot chase you for it or send bailiffs - search here or search google to see the thousands that appear on CAG. On here, aim to sutton default removal and how to get back on credit ladder to see the ones i've helped with.

Its not easy though, it is slow and drawn out process which becomes very tedious at times (most the time) but it can and does happen. Also no agreement automatically makes it unenforceable - i.e. they cannot pursue it. Then you try to get the default taken off which is much harder but can be done.

catwoman150

never-in-doubt wrote: »

Yea, page 1 underneath the CCA letter etc.... its No.6.

Yeah I have already sent this letter to them and they have not supplied me with one. They have referred me to the original company who I had the debt with.

never-in-doubt

catwoman150 wrote: »

Yeah I have already sent this letter to them and they have not supplied me with one. They have referred me to the original company who I had the debt with.

so what have you sent cos that aint a CCA letter - you send the CCA, then the follow up then that one as enforcement.

edit - did you send the CCA to the person that added the default? i.e who added the default and so, who have you sent the CCA request to? It has to be one and the same.