Unenforceability & Template Letters

catwoman150

never-in-doubt wrote: »

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.

Citi had my account at first then gave it to moorcroft. I sent the CCA request to moorcroft. Then I sent them the second dispute letter as they did not respond to me. Moorcroft has asked me for money now so I thought that I should of sent them the letter to request a CCA. Should I of sent the CCA request to citi even though they have terminated my account? Citi added the default.

catwoman150

I thought that I had to send a CCA request to person that was chasing the debt. So thats why I have sent it to moorcroft.

never-in-doubt

catwoman150 wrote: »

Citi had my account at first then gave it to moorcroft. I sent the CCA request to moorcroft. Then I sent them the second dispute letter as they did not respond to me. Moorcroft has asked me for money now so I thought that I should of sent them the letter to request a CCA. Should I of sent the CCA request to citi even though they have terminated my account? Citi added the default.

Hiya

YES! Go back to square one and send CCA request to Citi. They will continue to deal with you and if not great! Because Moorcroft wrote back denying liability - if Citi do the same then it will help you. This is a condition in the CCA that unless properly assigned (from citi to moorcroft) then moorcroft have to deal with it, in so much as they should send it to Citi.

Have moorcroft cashed the £1 cheque you sent?

catwoman150

I sent them a po and they have sent me a cheque back. So I shall I send citi letter no 1 then in post 1?

never-in-doubt

catwoman150 wrote: »

I sent them a po and they have sent me a cheque back. So I shall I send citi letter no 1 then in post 1?

Ok, thats right - they have done (half their job) but to be fair this confirms that Citi have not assigned the debt to Moorcroft which means you can, if you like, ignore them. You will do whilst you're dealing with Citi anyway.

Send the original CCA as in post 1. Give them time to hang themselves, don't be too quick to issue the chaser letter - the more errors they make, helps you if and when you have to fight it out.

So give them 30 days to respond, then threaten them with the chaser letter.

catwoman150

even though moorcroft are sent me threatening letters to collect on the debt

catwoman150

another question then, should I keep paying citi at the moment for august. I havent got any bank details for moorcroft or shall I wait and see what the CCA has to say?

never-in-doubt

Cat, I think this is a little more complex than just sending things off to them! Do me a favour, hold fire for the moment, post over here and i'll take a look at things for you and do you a letter appropriate to your needs.

I cant say 'stop paying' cos I dont know what they have done, if you're already at default stage then yea stop paying - deffo! If you're only in arrears then carry on paying.

Dont pay anything yet til we sort out the facts yea? we'll do it now if you post some info so I get an understanding....

Post here please: http://forums.moneysavingexpert.com/showthread.html?t=1674391&page=52

Quo_Vadis_2

Hi Everyone, I originally put this post on the Credit Card charges forum but this thread may be more appropriate - especially in light of some of the advice that's been passed.

I submitted an SAR to Goldfish and today, over two months and three letters later, I received a reply from Barclaycard (who now operate Goldfish). They cannot find the statements or any other account information between June 2007 and the date the account was sent to a DCA (1st Credit - don't you just love them?) in August 2008 - a total of 14 months.

Anyone any idea where I now stand? The total of (alleged) debt that was passed to 1st Credit was £10k. Is the debt enforceable?

I have obviously sent a letter back to Barclaycard asking them to confirm thay have no records and an email to 1st Credit ensuring they have none. Strangely I had another Goldfish account (formerly Morgan Stanley) and statements were present up until the time it was passed to a DCA (Cabot) in September 2008.

Any advice gratefully received!

Goodtimesahead

I noticed there is still a default showing on my credit file with DCA Ist Credit Ltd. Account shows satisfied 2007 Settlement was via a partial full & final settlement, question is how can I get this default removed as it won't come off until 2013 if it was just left on my file.

I would like to have it removed if so which is the best route? I looked at the templates for defaults etc but wasn't sure which letter to use here as a partial settlement was agreed and paid, so I guess no chance of requesting a CCA as I understand the lender/DCA etc don't have to comply when settlement(partial/full & final) has taken place but what about the service of the default, I don't even remember receiving it. Guidance please.