Unenforceability & Template Letters

never-in-doubt

pebbles88 wrote: »

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

LOL, i'm going shortly so trying to help before I log-off while you're online!

Ok, so I guess you have cashflow issues. Thing is they will add a default at some point, they cannot do so whilst you are making some form of payment but this won;t last forever cos they will do it in the knowledge you won't fight them.

You need to decide whether you can afford to make a bigger offer or run the risk of a default. To be fair a 6 marker is quite bad and basically means default without the formalities....

Can you confirm which credit records you have checked cos Halifax report to all 3....

pebbles88

never-in-doubt wrote: »

LOL, i'm going shortly so trying to help before I log-off while you're online!

Ok, so I guess you have cashflow issues. Thing is they will add a default at some point, they cannot do so whilst you are making some form of payment but this won;t last forever cos they will do it in the knowledge you won't fight them.

You need to decide whether you can afford to make a bigger offer or run the risk of a default. To be fair a 6 marker is quite bad and basically means default without the formalities....

Can you confirm which credit records you have checked cos Halifax report to all 3....

credit expert.

even if they do default it, once ive paid it off with them is it poss to remove the default then?? i already have 2 on my account by shop direct not having cca's,

and yes we have cash flow issues. CCA route has been lifesaver for me, allowed me to keep roof over my head etc

never-in-doubt

gogetum wrote: »

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!

You're welcome -

Ok, being the main element is the default, we'll play on that and throw some legislation at them to catch them out cos they will never be able to prove otherwise. Regards to cash, we'll still ask the question, does no harm!

The default, unfortunately, can be added at any time there remains a balance. Worse case scenario would be you stop paying in Jan 2000. They then contact you in Dec 2005 (1 month before the 6years) and then default you! Gutted!

Luckily, Statute barred would kick in, but not if the person paid something with the month left to go......

Sorry, just remembered that is like deja vous! lol sorry - had to explain the worse case scenario...

never-in-doubt

pebbles88 wrote: »

credit expert.

even if they do default it, once ive paid it off with them is it poss to remove the default then?? i already have 2 on my account by shop direct not having cca's,

Ok, well you need to see all 3 credit reports - send £2 and get statutory one from all 3 CRA's........ If you pay it off or not, once they default you it will be there for 6yrs. If you already have 2 defaults then why worry about this defaulting? They will not issue a charging order for £2k....

pebbles88

never-in-doubt wrote: »

Ok, well you need to see all 3 credit reports - send £2 and get statutory one from all 3 CRA's........ If you pay it off or not, once they default you it will be there for 6yrs. If you already have 2 defaults then why worry about this defaulting? They will not issue a charging order for £2k....

ok, many thanks, im just gonna write to BOS and offer the same i was offering their neighbours in the next room.... i do have a ppi claim in which would prob wipe this cc debt out anyway... just waiting to hear.

i know my credit is screwed for next 6 yrs regardless really. i have bigger card debts, (and i know they dont have the cca, they admitted it to FOS), just dont know how to progress now that i know, thats over £9000:eek:

never-in-doubt

pebbles88 wrote: »

ok, many thanks, im just gonna write to BOS and offer the same i was offering their neighbours in the next room.... i do have a ppi claim in which would prob wipe this cc debt out anyway... just waiting to hear.

i know my credit is screwed for next 6 yrs regardless really. i have bigger card debts, (and i know they dont have the cca, they admitted it to FOS), just dont know how to progress now that i know, thats over £9000:eek:

Ok, well good luck with bos. Personally, i'd just ignore them from now and leave it 6yrs! Statute Barred will kick in....

Regards to the other ones, the default will stay but if it is unenforceable then basically you'll not get hassled by them for money. I assume they have not been pestering you? If they have i'll post-up the letter you should send them.....

pebbles88

never-in-doubt wrote: »

Ok, well good luck with bos. Personally, i'd just ignore them from now and leave it 6yrs! Statute Barred will kick in....

Regards to the other ones, the default will stay but if it is unenforceable then basically you'll not get hassled by them for money. I assume they have not been pestering you? If they have i'll post-up the letter you should send them.....

oh nastywest hassled me, and i replied, which i why i went to fos, they have backed off a wee bit now, not heard much apart from them refunding some interest. i have a big thread on it but not updated in a long time..

halicrap have been the worst ones to deal with though, threatening doorstep etc. all for the 2k! i dont even think their cca was correct/valid etc!!

asda were great, sent striaght to dca, interest stopped, accepted payment plan - do have valid cca

tesco card and loan great too - funny considering its all RBS really.... such diff attitudes from same company is hilarious!

never-in-doubt

pebbles88 wrote: »

oh nastywest hassled me, and i replied, which i why i went to fos, they have backed off a wee bit now, not heard much apart from them refunding some interest. i have a big thread on it but not updated in a long time..

Ok, well if they hassle you again let me know and i'll sort you a nice little letter to send them!

pebbles88 wrote: »

halicrap have been the worst ones to deal with though, threatening doorstep etc. all for the 2k! i dont even think their cca was correct/valid etc!!

Thus I reckon you'd be best to just ignore them from now - their mortgage dept is separate to their CC dept so don't worry about that...

pebbles88 wrote: »

asda were great, sent striaght to dca, interest stopped, accepted payment plan - do have valid cca

Cool....

pebbles88 wrote: »

tesco card and loan great too - funny considering its all RBS really.... such diff attitudes from same company is hilarious!

LOL, makes no sense does it - but well done for getting this far :T

Next steps:
I think you should ignore them from now, up to you of course. Regards to the other defaults etc, well done and if you start to get hassle let me know. So i'll wait to hear from you ok? Happy or need anything specific answered?

never-in-doubt

p.s. if you want to see how hard capital one are - have a mooch at the last few pages of this thread! They must be the hardest firm to deal with, we've now got them by the bollox and the OP (marcellop) is now positive of victory lol.... we're going for default removal, sent loads of technical letters etc - if you get time have a mooch - you'll like it lol...

Start here but go back further if you get interested lol

http://forums.moneysavingexpert.com/showthread.html?t=1626277&page=18

pebbles88

never-in-doubt wrote: »

p.s. if you want to see how hard capital one are - have a mooch at the last few pages of this thread! They must be the hardest firm to deal with, we've now got them by the bollox and the OP (marcellop) is now positive of victory lol.... we're going for default removal, sent loads of technical letters etc - if you get time have a mooch - you'll like it lol...

Start here but go back further if you get interested lol

http://forums.moneysavingexpert.com/showthread.html?t=1626277&page=18

just read last page, but will have a look over wkend, looks v interesting!