Unenforceability & Template Letters

fermi

ricardovich wrote: »

Connaught Collections have replied with "......due to the fact that the outstanding debt has been assigned from the original creditor to our client, it may take longer than the 12 days specified within the Consumer Credit Act".

Just send the appropriate reminder/dispute letter when the time limit for compliance is reached.

If Connaughts couldn't be bothered to get a copy of the agreement from the creditor when they bought the debt, that is their own stupid fault. :rolleyes: And not your problem. It doesn't change the legal timescales one jot.

ricardovich wrote: »

Wescot have replied with "In order for us to comply with your request please confirm the last 3 addresses that you have resided at.This information is requested to ensure Wescot is not in breach of the data protection act"

What is this all about??

Same principle applies as in the response to a signature request letter ----> here. (Read that through)

If they aren't certain of your identity, then what on earth were they making demands for payment on a debt for? :rolleyes:

Their uncertainty also doesn't get them out of complying within the correct timescales.

ricardovich

Fermi

Many thanks for your swift reply. :T

I'll continue down the long and winding road
x

evilcartman

I currently owe 6k on an Egg card and was considering the unenforceability route to clear it, but the latest twists and turns are confusing me more than ever.

Here's my current situation. I have just started retraining in London for a new career in the NHS. I still own a house up north, which I'm aiming to let out rather than sell in the current climate.

At the moment the only debts I have are the mortgage (down to 30k) and the 6k on this Egg card. I was hoping to get the Egg card made unenforceable - but it worries me when people warn that the banksters can still put default notices on CRAs. I need to maintain my clean credit reference if I'm to continue living in rented accommodation in London (as most letting agents insist on credit checks) or obtain a new mortgage if I decide to sell the house and buy another property in the future.

The interest rate on the Egg card is absurd, considering that the base rate is 0.5%, so obviously I don't want to continue paying the minimum payment (I can't afford anything more at the moment). But if there is a strong likelihood of adverse credit reports arising from stopping payments on an unenforceable debt, then this isn't a route I really want to risk.

An alternative is to make use of my mortgage's "reserve" (it's an Openplan tracker mortgage) to pay off the Egg balance at a very low interest rate. But I'd feel like a mug doing this if everyone else is getting their debts written off without any problems with adverse CRA reports. Anyone prepared to advise me of my best options in my circumstances?

Debt_Hero_2

Evilcartman; when was your egg card taken out? on what grounds do you think its unenforcable?

if your debt is unenforcable and its succsessful your credit rating would state satisfied..

If you went with a good company and you had a claim it would only take around 4 months.

pebbles88

i have 2 defaults on my credit score, both from shop direct who admit they do not have the cca, how would i go about removing it from my file, or do i have to put a note on instead?

thanks

evilcartman

Debt_Hero wrote: »

Evilcartman; when was your egg card taken out? on what grounds do you think its unenforcable?

if your debt is unenforcable and its succsessful your credit rating would state satisfied..

If you went with a good company and you had a claim it would only take around 4 months.

Off the top of my head, I'm not sure exactly when it was taken out but it was around 2005, so certainly well before 2007.

I'm just presuming it's unenforceable because others have succeeded in getting their Egg agreements declared as such. I haven't seen my own CCA yet.

Interesting that you recommend a company as I've seen lots of posts urging people not to use them and go DIY instead.

Debt_Hero_2

yeh its defo worth seeing if you qualifiy.. yeh some people do it alone.. it all depends how confident you are with the process, if you know your stuff then yeh going alone might be best option but for me and alot of people going it alone is difficult!

i only reccomend this company because i went through them..mine took around 4 months..around 500odd for everything :j

the company can set a default notice against egg.. instead of egg setting one against you..

pebbles88

if you do decide to go alone, theres a thread which will have most of the answers for you hopefully, and its free.... £500 is a lot of money to some people, specially if they are struggling in the first place, and there is no guarantee that they will be able to anymore than you could on your own

http://forums.moneysavingexpert.com/showthread.html?t=767025

you can do it alone, but as has been said it depends on whether you feel confident enough to do it. either way i wish you luck

HTH

steveandrags

[FONT=&quot]Hi,
I sent the first letter requesting my original CCA and have today received a letter from Barclays. It states the following.

Reference: Section 78 of the Consumer Credit Act 1974

I write further to a letter requesting a copy of your executed agreement for the above account.
The information we must provide to you under the terms of Section 78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit ( Cancellation Notices and Copies Documents) Regulations 1983.
Under Section 78, we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer.
Please find enclosed a copy of your latest executed agreement. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into this agreement. However, the interest rates have been omitted and the fees and charges have been suspended and are no longer applicable due to the current status of your account.
As your account is now in a recovery programme, further information relating to the current state of your account can be obtained directly from your Recovery Team or Debt Management Agency.
This completes our obligation to you under Section 78 of the Consumer Credit Act 1974.
Yours sincerely
Lauren Beattie
Barclaycard Customer Services

Along with the above letter i was sent the "Barclaycard Conditions, Credit Card Agreement by the Consumer Credit Act 1974"
This agreement appears to be a "box standard" form and does not have any signature on it?

Any further advice would be much appreciated.

[/FONT]

pinkerton_angel

Hi Pebbles, I've got defaults with Shop Direct too. N-i-D is helping me with this so look out for his letters, he's away at the mo.