Unenforceability & Template Letters

Quo_Vadis_2

Hi, I have found all the advice on this Forum very useful and wish that I had found it earlier (I would have saved myself a LOT of money) - anyway, no use crying over spilt milk.

I have already made a couple of accounts unenforcible with former Goldfish accounts but MBNA have (this week) passed three accounts onto DCL (Mainly, I think, 'cos they haven't the original CCA's-well, there weren't any - they are VERY old accounts). I have submited CCA requests and reminders to MBNA and notices of unenforcibility and the other recomended paperwork (with proof of delivery, etc.) ........ BUT I cannot find the template for writing to a DCA that has picked up an alleged debt after default. I am sure I saw one somewhere .... Can anyone help?

never-in-doubt

Quo_Vadis wrote: »

Hi, I have found all the advce on this Forum very useful and wish that I had found it earlier (I would have saved myself a LOT of money) - anyway, no use crying over spilt milk.

I have already made a couple of accounts unenforcible with former Goldfish accounts but MBNA have (this week) passed three accounts onto DCL (Mainly, I think, 'cos they haven't the original CCA's-well, there weren't any - they are VERY ol accounts). I have submited CCA requests and reminders to MBNA and notices of unenforcibility and the other recomended paperwork (with proof of delivery, etc.) ........ BUT I cannot find the template for writing to a DCA that has picked up a letter after default. I am sure I saw one somewhere .... Can anyone help?

Hiya well done on events to date

What specifically do you mean, what is it you want to say to the DCA? Are you referring to the debt being sold without proper assignment meaning the dca then added a default and you want to challenge it? Or am I way off the mark....

Please elaborate or read the main letters (s.10 letter) from page 1 which cover varying aspects and confirm as they have not complied you're invoking unenforceability until they provide valid documents....

never-in-doubt

pebbles88 wrote: »

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...

Hiya,

Can you be specific? i.e. how much debt, is it secured/unsecured, what type of debt (i.e. loan/card), have they added a default marker with the CRA's etc etc

Its unlikely they will apply for a charging order as they have 1st charge on the house already - if you see my point! But this depends on amount and type of debt...

never-in-doubt

gogetum wrote: »

Many thanks!

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

Hiya

I'll sort you a letter tomorrow night to send - all you'll have to do is check/amend the bits that aren't relevant and amend the dates to reflect the facts - i'll do the main bull !!!!!! letter with the required elements added just to allow for argument (i.e. some white lies)

It'll be up before midnight tomorrow but i'll be online at 8ish so see you then if you're around?

I'll add a bit to try and get your money back as well, but main point is to get the default removed - agreed? The cash is a bonus and I wouldn't hold my breath but I can deffo get some back for you.....

Quo_Vadis_2

never-in-doubt wrote: »

Hiya well done on events to date

What specifically do you mean, what is it you want to say to the DCA? Are you referring to the debt being sold without proper assignment meaning the dca then added a default and you want to challenge it? Or am I way off the mark....

Please elaborate or read the main letters (s.10 letter) from page 1 which cover varying aspects and confirm as they have not complied you're invoking unenforceability until they provide valid documents....

Thanks for the amazingly quick reply - Yes I have sent three seperate letters (for each account) to MBNA invoking unenforcibility but they have still 'sold on' the accounts. I thought I had seen a standard template letter to write to the receiving DCA but I can't find it.

never-in-doubt

Quo_Vadis wrote: »

Thanks for the amazingly quick reply - Yes I have sent three seperate letters (for each account) to MBNA invoking unenforcibility but they have still 'sold on' the accounts. I thought I had seen a standard template letter to write to the receiving DCA but I can't find it.

Nah, you just leave it alone. Bottom line, when the DCA writes to you simply send a copy of letters to date and inform them

The alleged debt is unenforceable under the CCA1974 s.127 provision for unenforceability. Until the lender provides me with lawful documentation in line with s.78 of the act, no payments or further correspondence will be entertained.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is also drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

Thats about it matey!

Happy

pebbles88

never-in-doubt wrote: »

Hiya,

Can you be specific? i.e. how much debt, is it secured/unsecured, what type of debt (i.e. loan/card), have they added a default marker with the CRA's etc etc

Its unlikely they will apply for a charging order as they have 1st charge on the house already - if you see my point! But this depends on amount and type of debt...

cheers

its credit card just over £2000, so unsecured, they have already marked on my files that it is behind with payments anyway.

never-in-doubt

pebbles88 wrote: »

cheers

its credit card just over £2000, so unsecured, they have already marked on my files that it is behind with payments anyway.

Have they not defaulted you then, so you only have late payment markers (these are better than a default lol).... if so then can you pay them £25 per month or something? I'd definitely be working to sort this - could you get £1000 together, if so you could make a F&F offer under condition (that i'd send you)....

p.s. Blair Oliver Scott are like an internal collections dept and shouldn't be confused with a DCA....

pebbles88

never-in-doubt wrote: »

Have they not defaulted you then, so you only have late payment markers (these are better than a default lol).... if so then can you pay them £25 per month or something? I'd definitely be working to sort this - could you get £1000 together, if so you could make a F&F offer under condition (that i'd send you)....

p.s. Blair Oliver Scott are like an internal collections dept and shouldn't be confused with a DCA....

crikey you're a fast replier!

well they have sent me tons of default notices.. but on cra files shows as 6 payments late.

i couldnt afford £25 a month, been paying £1 token payments since January.

at some point in future may be able to offer F&F but cant say for sure as it would be coming from an inheritance. which i dont know when i will get

gogetum

Many thanks for your help!!!!

The main element is the default here, any £ would be a bonus but not holding my breath for that!

Interestingly enough, the account was marked satisfied March 04 by M&S which meant AK put the Default on nearly 3 years after according to my credit file! How can they do this?!!! Out and out rubbish!