Unenforceability & Template Letters

gogetum

Hi,

I have been studying these forums for a long time now and am going around in circles......

Way back in 21/11/2002 i took out an M&S personal loan for £4000 in MY name only. I was then deployed to Iraq in January 2003. Whilst away, i saved up money and agreed that my wife at the time we should pay off this debt in full. My marriage was breaking down and as away, told my then wife to settle the loan with M&S which she said that she had as she was in control of all financial aspects with me being frequently away.

I returned from Iraq and subsequently we went our own ways with no ties, she moved abroad and i decided to leave the Army. We divorced, end of. I met the woman of my dreams and we bought a house together in 2005, we got a tracker mortgage with Barclays and we have a family. I left the Army in August 05.

In February 09 this year, we decided that we wanted to move to a bigger property and taking advantage of the current market, applied for a mortgage that was agreed in principal on the phone. We sold our house STC and found an ideal house to move forward with.

On 10th February this year (09) i received a letter from Buchanan Clark & Wells (BCW) of a Final Notice for £3,216.23 in respect of the M&S loan.

I called BCW and they said it was never paid so i paid the FULL amount to BCW!! They said that they would pass to Aktiv kapital (AK) and update the Credit file.

At that time i immediately joined Experian and Equifax and sure enough, there was a Default entered on my credit file on 07/05/07.

This was news to me and a great shock to my family. So as to say the Mortgage was declined and the move fell apart. I cannot trace my Ex and it’s all in my name. My problem...

I called and emailed BCW as to how i did not know about it and they said they would ask their clients AK to contact me. I called AK and stated the situation and that i had only just been made aware of this default and paid the FULL amount and under the circumstances please remove the default...I was spoken to like a second rate person and told under certain terms NO. I asked politely and was told that ‘we have a responsibility to advise other lenders’ etc.

At that point i was and am still mortified not to mention my new family as because of me, we cannot move house......

So i looked around on this forum and others for hours and read up on a few cases and sent AK a statutory letter asking for the original agreement and the original letter of Default. I even rang them to ask for the original default letter to which they replied that they do not have to send it to me as there is no outstanding balance..........I just paid them £3,216.23 which i worked B******* hard for...

In return on 06/05/09 i received a TRUE COPY letter from AK containing an introductory letter NOT THE LETTER OF DEFAULT...dated 25/04/08 to an old Army address that i had left over 4 years ago stating:

We now own the debt pay us etc with AK letter head on behalf of Thames credit.

How could i have received this letter when i am on the electoral role at my current address for over 4 years? It doesn’t add up.

In the referring letter dated 06/05/09, they state that ‘We can confirm that a copy of the original agreement has been requested and shall be forwarded to you in due course. (This was in May). NOTHING RECIEVED TO DATE.

To date i have received nothing and no clear way to take this to try and remove this Default on the grounds that i NEVER received ANY letter and the letter i did receive was addressed to a location that i departed over 4 years ago. Is this acceptable proof?

Is this now on my credit file for 6 years from settlement of the default? Other than this i have NO other debt. Barclays will only entertain us for another mortgage under their conditions IF the default is removed.

Can anyone please advise the way forward on this and should i contact the Financial Ombudsman?

Do i have grounds for removal? Or are we doomed??

Thanks so much in advance

never-in-doubt

when did you last make a payment to the debt? Forget what the ex told you, what date was a payment last made?

never-in-doubt

p.s. if you paid them, then sorry - you're a fool. why the hell would you do that? I cannot believe people act this daft - I mean, you're meant to be intelligent (ex army)... what made you pay?

So now, legally cos you !!!!ed up and paid, you're now defaulted legally, for 6years whereas if you'd spent 10 minutes here, you'd be 3 grand better off and defaultless. Guess who messed up there?

Sorry but it winds me up reading how people pay when they know damn well not to!

gogetum

The last payment was March 2004 (+6 Years and were still under 6 years). So frankly, cheers for the kind views but looking in the default was placed by AK in March 07.

I dont contest owning the debt...Just miffed that it was never paid off..

Now please enlighten me as to how they would have removed that default in 3 weeks of applying for a mortgage to processing?

Fool or not, I paid because it will still be an imapact on any potential credit down the line and it is satisfied.. they put it there regardless i was still liable for the money owing.

SO it wasnt Statuate Barred...

Thoughts on next move? Or shafted? That was my long winded question in the first place?

My open question? As i NEVER recieved the default letter, should they remove the default?


Best

never-in-doubt

Ok,

Sorry for moaning but never ever pay until you are 100% certain of the rules behind the actual acts that govern the credit.

Put it this way, you last paid in 2004 so next year it would have been statute barred with no trace ever showing on your credit file again. This way, as you paid in full, you cannot bargain to get the default removed or anything - basically, you're now stuck for 6 years from the date you did pay as opposed to next year had you never paid.

See what i'm saying?

Satisfied defaults are just as bad as outstanding defaults - a default is still a default after all. You have been shafted.

When did you actually pay, what date? would you be prepared to lie a little in order to sort this mess out? If so, I could try and get the default removed for you.....

Its not entirely a dead end - yet mate, just 90% dead..... but you may not get your money back, thats the crux of it...

never-in-doubt

gogetum wrote: »

My open question? As i NEVER recieved the default letter, should they remove the default?

Technically, yes. But they never do. This is one of the most contentious issues going at the moment and unfortunately the lenders refuse to budge til you take them to court....... its a catch 22 cos they know most people will not risk court! :mad:

gogetum

Hi,

It was at the beggining of February this year, just tracking back the exact day(16/02/2009)...Paid online to BCW.

I totally understand the 6 year rule but back in February a year is a long time and i (nievely) assumed the bank would say OK, satisfied No probs...

I am willing to do what ever it takes! The money is written off as far as i am concerned so dont expet to see 0p back but am willing to go to court if there is a technicality at all?

Cheers

never-in-doubt

gogetum wrote: »

Hi,

It was at the beggining of February this year, just tracking back the exact day(16/02/2009)...Paid online to BCW.

I totally understand the 6 year rule but back in February a year is a long time and i (nievely) assumed the bank would say OK, satisfied No probs...

I am willing to do what ever it takes! The money is written off as far as i am concerned so dont expet to see 0p back but am willing to go to court if there is a technicality at all?

Cheers

Hiya

Ok, bear with me and i'll look into this tomorrow night and chat then if you're online? Failing that i'll PM you but don't worry, we can get the default removed if you play your cards right

Just post again bullet pointing the actions of how you paid, cos we'll have to argue that they harrassed you into paying - this is also a breach of regs

gogetum

Many thanks!

Will go online anytime required! any monitor, even if you wan to take it offline am more than happy to!

I recieved a letter from BCW as a FINAL NOTICE stating legal proceedings etc (can scan/type if required)..

There was an option of pay online (which i did)

Have a snip of the receipt

Emailed BCW as to why this was outstanding (have kept emails)

Directed to AK

Called/ Emailed AK (Negative response)

Wrote Statatory letter (£1 etc) wrote back saying they didnt have to give me anything.

Emailed again and have all the read reciepts of staff members

Recieved intro letter dated April 08..........saying that the original agreement was requested. Not recieved to date!

Pull more hair out...

pebbles88

hello all,

just after a bit of advice, i have posted about it before but no one ever really answered it unfortunately.

i have CC debt with halicrap, sent off for the cca, they replied with 2 copies of printed out details, one with maiden name on, one with married, only difference on them is the amount that can be charged for a missed or late payment etc, on 1st one is £25, on 2nd £12.....i didnt think they were enforcable, but got no where at all with them fighting it. (im not a newbie to this either)

to cut a long story short, they have now passed it to their in housers BOS, who are chasing for full payment :rotfl:

im planning on writing to them and advising them exactly the same that i told halicrap, that all i can afford is token payments at present, im actually glad they have transferred it as interest will now stop! well so i have been told anyway.

any other advice on this.... i want to be careful as our mortgage is also with halicrap (we have never missed payments) so dont wanna pee them off too much...