Unenforceability & Template Letters

Michael995

Hi, I currently have 4 credit cards all up to date, never missed a payment etc, but my situation has changed drastically over the past couple of years and I am struggling, is this a route I should be looking at??

As I am all up to date if I went down this process would the lenders see me asking for the info as a warning sign and would it then mean they start in reduce limits / increase interest rates??

I am pretty sure one of lenders couldnt produce any paper work as I have been with them a long time, but they bought another company and my original paper work was with the other company.

Would this effect my credit rating as at the moment I have no problems with it???

Many thanks

BigBro_1980

Hi,

This is a truly amazing thread... for the last few months I have been trying to figure out the situation with my fathers debt with Welcome Finance.

Seemed to be getting somewhere to find that the company I was using has gone bankrupt (loancheck)!

I have got a load of letters from WF (via LoanCheck), but not the original CCA. I believe my next step is to re-request it? I have read that after 6 years a company doesn't have to keep the CCA? Is this correct?

Also - I was going to use a 3rd Party company called Torston to handle this for me (just to make my life a little easier). I haven't agreed anything with them yet. So I can decide not to go ahead with it.

Thanks



*** I forgot to say - this is for a secured loan (or so WF claim). They have a unilateral notice on our house, but that isn't the same as a secured loan (like a mortgage charge) - is my thinking correct?

never-in-doubt

Michael995 wrote: »

Hi, I currently have 4 credit cards all up to date, never missed a payment etc, but my situation has changed drastically over the past couple of years and I am struggling, is this a route I should be looking at??

As I am all up to date if I went down this process would the lenders see me asking for the info as a warning sign and would it then mean they start in reduce limits / increase interest rates??

I am pretty sure one of lenders couldnt produce any paper work as I have been with them a long time, but they bought another company and my original paper work was with the other company.

Would this effect my credit rating as at the moment I have no problems with it???

Many thanks

Hiya,

If you want to keep your credit rating intact then by all means proceed with the letters but ensure you continue payments or you will get defaulted....

never-in-doubt

BigBro_1980 wrote: »

This is a truly amazing thread... for the last few months I have been trying to figure out the situation with my fathers debt with Welcome Finance. Seemed to be getting somewhere to find that the company I was using has gone bankrupt (loancheck)!

Bummer! However, always best to do it yourself...

BigBro_1980 wrote: »

I have got a load of letters from WF (via LoanCheck), but not the original CCA. I believe my next step is to re-request it? I have read that after 6 years a company doesn't have to keep the CCA? Is this correct?

Nope! If the account is live they need the CCA or you claim unenforceability (a company should retain records for 6 years after the account has been closed).... don't get confused with the difference....

BigBro_1980 wrote: »

Also - I was going to use a 3rd Party company called Torston to handle this for me (just to make my life a little easier). I haven't agreed anything with them yet. So I can decide not to go ahead with it.

Nah - waste of time and/or money - its free here :D

BigBro_1980 wrote: »

*** I forgot to say - this is for a secured loan (or so WF claim). They have a unilateral notice on our house, but that isn't the same as a secured loan (like a mortgage charge) - is my thinking correct?

Yes, see here for details: http://www1.landregistry.gov.uk/assets/library/documents/lrpg019.pdf

Bleddry

Hi - I'm Back again!
Having waited a couple of weeks for a response to the great letter you drafted for me (N-I-D), I have today received a letter from DG Sols. which says exactly the same thing as their last letter, namely that they are unable to provide a full response to my letter because it is not signed etc.,
Beginning to get really depressed with all this - life is just too short...
Any suggestions greatly appreciated.
Many thanks in advance.

PS. I was just catching up on some of the advice you have been giving out on this thread - and regarding digital signing, I've been digitally signing using Acrobats digital sign security option for performing this, whereby it prints your name (I've just used a basic Helvetica version), along with date and time of sig + a background Acrobat logo as an added security feature.

Is this not acceptable?
In my letters I have referred DG to previous correspondence that did have my hand written sig on it requesting this info anyway. It was one of these letters that they claimed my hand written sig. did not match the given sig. on their files.

Maybe I'm not me after all?!?

~Brock~

I've not studied the template letters at the beginning of this thread in any great detail, but would the following case now have a bearing on some of the wordings?

http://www.bailii.org/ew/cases/EWHC/Comm/2009/2386.html

Just a thought........

jellybabys

Hi, this has prob been asked many times before, but today my parents rec a letter
from a solicitors in surrey apparantly acting on behalf of a debt collecter, they have given me 3 days of which to pay the monies owed, can i use these templates to send to them? I should of stated that I havnt even lived at my parents for nearly 11 years now and have not rec any such letters at my own address. the only cc company i can think of that it may be is barclaycard but again, this has to be at least 8 years ago if not longer. any advice would be good!

pyeman71

Transfered to some 0% cards 10 months ago and have recently noticed that on one they have never taken a payment from my bank account even though the monthly statements show they have taken a payment (from somewhere). Will this fall within the realms of the unenforceability. which i should pursue???

Jackswan_2

never-in-doubt wrote: »

You send the dispute/s.10 letter. They have already failed to comply so you don't send the chaser letter - you now tell them it is unenforceable. This letter mate: #2

My son is currently working in West Africa and I have been dealing with his Halifax CC account in his absence. The first letter was sent and they replied on the 14th days. I am still fascinated by a part of their response
which reads:

"Please note that the information we have provided you with is all the information we are required to provide you with under Section 78 of the Consumer Credit Act. Please also note that we are not required to provide a copy of the original signed agreement under Section 78 of the Consumer Credit Act."

The reply included a copy of the Agreement, not signed of course, which
is a standard document with just details of my son's name and address. He had entered into a Payplan agreement (the result of his university excesses !) but the letter also stated that any agreement had ended on the 11th December and he was served with a Default notice on that day. He has not received any correspondence of any default notice being served on him. Just wondering whether this was a reaction to his request
claiming unenforceability.

debt_obsessed

I think I've got a bit of a dilemma! I sent my CCA request letters by recorded delivery on 25th September so my 12+2 is up tomorrow. However, I've just logged on to Royal Mail and it doesn't look as if they've been delivered - probably down to the postal strikes :mad:

So I guess, I have to wait for them to be signed and then add on the days again before sending the second batch!?