Unenforceability & Template Letters

Jackswan_2

never-in-doubt wrote: »

Hiya matey

This makes no sense, if you're up-to-date with payments and not in arrears what are you doing exactly? You would only really utilise CCA if you were in debt in the first place, if your credit file is intact then don't mess around mate!

You just need to claim charges back, there is a template & instructions on here: http://www.moneysavingexpert.com/reclaim/credit-card-charges

Otherwise, although it sounds like you have a non compliant CCA, its really not worth ruining your credit file for one card debt....

Hope that helps - good luck

Lets just say that I was testing the system in the event that I might fall behind with payments.
I do have other credit cards as does my wife which at the moment only have Default late payment charges on our files.

gnatshill

never-in-doubt wrote: »

Is it just Capital One? Have they added a default?

I think there is a default added- it's not been paid for about six months I think. The other debts are now through agencies too. I'm hoping I can get him straight through unenforcibility. We do have a joint mortgage so I do need to repair his credit somehow.

I really appreciate the help, thank you :beer:

gnatshill

I'm not sure if it's a default but I'd expect so as it is now with a DCA and not been paid for 6 months or so. We have a joint mortgage so I need to get his credit straight and think the unenforcibility may be the way as there are other debts. The DCAs change so rapidly it was impossible to ever keep tracks of the debts or what is/isn't paid.

Thanks so much for your help!

manchestman

Thank you for your quick reply, Never. It all makes a lot of sense and time is something I do have plenty of. I will begin as you suggest by writing to my own bank regarding unauthorised direct debits and include copies of my sick notes plus copies of applicable correspondence

scarednshakin

N-I-D Thanks mate, letter written and winging its way to good old Cap1. Will let you know when the reply comes in.

lisab2009

Hi,

I am quite new to all of this and have a few questions. I have approx £14K debt over about 8 different companies all pre 2007. I have checked my credit report and they have all issued default notices. I was advised by a debt helpline that one of the options would be to wait for the statue of limitation to take effect in 20112012, however i am wondering if any of these debts would actually be enforceable and whether i should do a CCA sec 78 request?

1. if i send the CCA sec 78 request would this constitute admitting liability of the debt hence the statue of limitation law would no longer apply in the 6 years is up or is it merely in the way i word the letter?

2. I did have a HP agreement of £2600 who agreed verbally with me that they would accept just £700 to settle the debt which leads me to think that they know time is running out to take me to court or they know something may be wrong with the contract? Also i was advised that becuase i had only made them an offer over the phone to repay the debt this would not constitute addmitting i owed it.

The other problem is that some of the creditors havnt actually wrote to me for a few years and i was hoping that they may have forgotten and the limitation law would apply, but on the off chance (more than likley) that they havnt I am wanting to see if the contracts are enforceable at all in an effort to experdite matters rather than having to wait for the 6 years to run out.

I would appreciate any help you could give me. Thanks

ChefBungle

Hi All,

Have been reading this thread with great interest - and a special mention has to go to DIN for some fantastic advice.

I have a question about whether or not this process is applicable to loan agreements? I've seen a few references to loans, but all the template letters seem to be applicable to credit card agreements.

I have an RBS/Direct Line loan which has been running for about the last 10 years for the purposes of buying car(s). Every 3 years or so the loan gets 'rolled over' - the loan itself is in my name. The second last time this was done (about 6 years ago) was actually done by my ex-wife and I had no involvement in this conversation and don't remember signing any documentation - I did find it unusal at the time that she was able to phone up on my behalf and get more cash! The last time (about 2.5 years ago) I did it over the phone - again they were able to restart the loan and transferred the money for my new car into my bank account - again I don't remember signing any subsequent paperwork or updating any type of consumer credit agreement.

So does this then make this new debt unenforceable? Any advice would be much appreciated.

Thanks,
Steve

Nearly_Floating

Hi All
I don’t know if this is the right place for this but here goes anyway. I’m hoping someone will be able to offer some advice as to what to do next.
My OH and I are currently on a DMP. We owe just under £20k and all the debts bar one for about £450 are in her name. She also has 4 catalogue debts which are not part of the DMP.
I was made redundant earlier this year and as a result we have fallen behind with these.
The catalogue debts are all pre 2007 so we decided to go down the CCA route primarily with a view to getting all the ridiculous “admin” charges removed and to give us some leverage offering low/no repayments at present.
We sent the CCA requests to all 4 on 13th Oct recorded delivery. Three have been delivered so far.
One creditor has replied with what they say is a “True Copy” which has a photocopied signature signed by them but not by my OH. Also the Customer Details have our current address written in, not the address where we were living at the time (don’t know if this is relevant or not).
Intriguingly, in the section labelled “Other Financial Information” it says “Total charge for credit (interest): £XX.XX”. Haven’t got a clue what this refers to.
The amounts owing on these catalogues aren’t particularly huge but our thinking is that since OH already has Defaults from 2 years ago, if we take the unenforceability route with these its only going to add 2 years onto the existing ones.
We will send 12+2 letters to the others in due course but what I really need to know is how to respond to the “True Copy” as they are saying they have fulfilled their obligations under s78
Sorry this is so long for a first post but I wanted to get as much relevant info in as possible.
Thanks

never-in-doubt

captainhaggis wrote: »

Hi All

Got my first reply today to a CCA request. This was in relation to my loan account.

I took this account out in a branch so I'm hopeful that the paperwork will have gone missing somewhere along the line.

HOWEVER, the reply I was sent didn't include the CCA or make any real reference to it. They instead simply returned my postal order saying that because it wasn't made payable to Lloyds TSB (I opted to leave it blank), they were unable to accept it.

Seems strange - can't they/I just write "Lloyds TSB" on to it? Are they stalling for time? Should I keep the clock ticking from the original date they got the letter or do I start again?

Thanks

** Actual Text of Letter **

Thank you for your recent payment.

I have enclosed the postal order you sent for £1.00 to pay in to the above account.

I am sorry but we are unable to accept this postal order as it is not made payable to Lloyds TSB (a/c Eisis).

Please send another postal order with the correct details as soon as possible.

Mate

You're meant to get the paperwork right and make cheque/PO payable to correct person thus your 12+2 days start from date of receipt with correct payment.

Sorry but that's the way it is..... they are stalling, but its one of the few ways they can stall....

never-in-doubt

gnatshill wrote: »

I'm not sure if it's a default but I'd expect so as it is now with a DCA and not been paid for 6 months or so. We have a joint mortgage so I need to get his credit straight and think the unenforcibility may be the way as there are other debts. The DCAs change so rapidly it was impossible to ever keep tracks of the debts or what is/isn't paid.

Thanks so much for your help!

You need to get all 3 CRA's - these will be up to date and allow you to consider your next move. So send £2 to each CRA and request statutory report - then post back and i'll help you as best I can....