Unenforceability & Template Letters

never-in-doubt

Send the following letter to BCW:

Dear Sirs,

Account No: XXXXXXXX

Your appointed solicitors have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to (insert company name).

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. The fact you failed to comply with my CCA request confirms that there is no legal proof of this account being in existence, until such time you substantiate your claim and provide a valid CCA then please arrange for your solicitors to cease forthwith from contacting me.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question by way of compliant and lawful CCA and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

Yours faithfully




Sign digitally

terimon

Hello my first ever post. What a brilliant site and thread. N-I-D your a legend

I sent off a CCA to NatWest for a CC i have had for 13 years but cant afford to pay now. They replied by wanting a signature which i refused and sent the follow up letter

Today i received a letter from (including the return of my postal order) saying:

I write with reference to your recent request under section 78(1) to supply copies of the original agreement set out under the Consumer Credit Act.

We regret to advise that the agreement has been misfiled and despite searching our records we have been unable to locate it. Regrettably we are unable to comply with your request made under section 78(1) of the CCA and return your £1 you paid. Notwithstanding this the agreement remains valid, and we expect you to continue to meet your obligations under the agreement. We should point out that if you do not resume making payments we will report the default to the Credit Reference Agencies.

Section 78(6) 'Unenforceable' omly prevents us from pursuing recovery of the debt through the courts.

I trust this clarifies the matter for you.

Yours sincerely

terimon

Should i now be sending letter 4 or 5? Thanks once again

never-in-doubt

terimon wrote: »

Should i now be sending letter 4 or 5? Thanks once again

Thanks for compliment mate

Regards to this tosh, ignore it - they are talking junk and should get a big orange 'you've been tango'd slap'....... Natwest think they are above the law do they?

You are aware ceasing payments etc will affect your credit file, they cannot chase the debt but they will report to the CRA's - are you happy for that to happen? No credit for 6yrs....

Ok, if you decide to proceed down this path, send the following off to them:

Dear Sirs,

Account No: XXXXXXXX

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s78. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account is now defaulted and unenforceable. Your claim to pursue the alleged debt is a clear breach of guidance and I strongly suggest you seek legal guidance as any unlawful harassment will be vehemently defended and pursued through the courts.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 1974 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore;

You are aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter and look forward to hearing from you in writing within 30 days.

Yours faithfully




Sign digitally

terimon

That is the letter i have typed out ready to send. Just wanted your confirmation

I have almost 25k worth of debts with no easy way out of it so i am prepared for 6 years of no credit _pale_ if thats the way it has to be.

Thanks once again

never-in-doubt

terimon wrote: »

That is the letter i have typed out ready to send. Just wanted your confirmation

I have almost 25k worth of debts with no easy way out of it so i am prepared for 6 years of no credit _pale_ if thats the way it has to be.

Thanks once again

Ive added specific parts to it though, you'll see its different (first paragraph etc)....

terimon

Ok thanks ill copy the above letter and get it sent off first thing.

Thank you

lisab2009

never-in-doubt wrote: »

Do not pay any company for help - we'll do it for you for free (can't be bad eh?)!!

Bottom line, they will be statute barred after 6yrs from date of last payment or acknowledgement (5 in scotland). So you go sending off CCA will admit liability meaning the statute barred date will be affected.

Get your credit reports and then post details on here of the last payment made date and the default date and where you're from (England or Scotland) and i'll give you the exact dates and letter to send as and when each becomes legally statute barred.]

1) Hillesden Securities Ltd (Welcome Finance Loan) - £4661 default on 1/07/06
2) London Scottish Bank (Car Finance) £2651 - 6 payments late (although he hasnt made a paymet for at least 3/4 years, we know this becuase these payments were collected from a gentlemen who used to call at the house and provide us with a handwritten receipt, this is the loan they accepted a £700 settlement figure for)
3) Lowell Portfolio Ltd £3813 - default on 03/3/05
4) Lowell Portfolio Ltd £838 default on 21/03/05
5) Cabot Financial Ltd £991 default on 28/03/05
6) Aktiv Captial £486 default on 13/10/05 (this has a CCJ allocated to it dated 21/11/05 so i presume i will need to pay this)
7) Aktiv Captial £508 default on 13/10/05 (this also has a CCJ dated 21/11/05)

I cant see on the credit report when the last payment was made. I cant remeber exact dates only rough dates which are obvously around the time the default notices were issued. The only other thing i could think to do is check through my bank statments (as i have all of them from 2003 to present and see when the last payment came out of my bank but this could be tricky and time consuming).

Also i have checked on my credit report and Lowell Portfolio tend to to a search of my credit report every month so i guess that they are likley to take Court action before the time is up.

Thanks again and i look forward to hearing from you!

Nearly_Floating

never-in-doubt wrote: »

Hiya

You may be better to reclaim all charges etc first then after you've done that you then fight the unenforceability issues. Regards to the one they have sent an unsigned form (meaning it is not yours) you send the following letter...

Regards to credit limit, the blanket value used shows the apr - it is not your limit, but an assumed limit. Ignore this value. If it is there then this part conforms.

Hi NID
Thanks for the reply.
I am amazed (but very grateful) that someone with your knowledge is prepared to spend so much time helping others. I'm sure it is greatly appreciated by all concerned.
With regards to reclaiming charges, is there a different letter I should send before the Account in Dispute - Section 10 Notice or should I send that first anyway?

Thanks

never-in-doubt

Nearly_Floating wrote: »

Hi NID
Thanks for the reply.
I am amazed (but very grateful) that someone with your knowledge is prepared to spend so much time helping others. I'm sure it is greatly appreciated by all concerned.
With regards to reclaiming charges, is there a different letter I should send before the Account in Dispute - Section 10 Notice or should I send that first anyway?

Thanks

Hiya

First you follow this process and reclaim money owed to you: http://www.moneysavingexpert.com/reclaim/credit-card-charges

After this you then pursue unenforceability..... in which case they will have defaulted with you and you can then send the s.10 letter - bear in mind they will default you (if not already) so be prepared for that....