Unenforceability & Template Letters

never-in-doubt

lisab2009 wrote: »

1) Hillesden Securities Ltd (Welcome Finance Loan) - £4661 default on 1/07/06

Default removal/Statute barred date will be no later than 1st July 2012. Usually though a default is issued a few months after non payment so you may be earlier.... to check this, look at your credit report and advise the date satisfied and/or last payment date (may be called something else in which case please type the entry out omitting your name, address and date of birth of course!)...

lisab2009 wrote: »

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 because 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)

This is difficult as they will not remove the default for the F&F settlement. It may be best to just ignore this and wait a year or two and then get a copy of your latest credit reports from experian and equifax and check what is outstanding (the majority will be gone by then)...

lisab2009 wrote: »

3) Lowell Portfolio Ltd £3813 - default on 03/3/05

Default removed/statute barred date will be no later than 3rd March 2011- whatever you do avoid admitting liability on this and do not open the door and accept parcels or signature required letters from strange looking people lol (could be serving a ccj on you)... Also, as point 1 above, you may have paid earlier than the default date in which case statute barred kicks in....

lisab2009 wrote: »

4) Lowell Portfolio Ltd £838 default on 21/03/05

Default removal/statute barred date will be no later than 21st March 2011- see point 3 above - exact same applies....

lisab2009 wrote: »

5) Cabot Financial Ltd £991 default on 28/03/05

Default removal/statute barred date will be no later than 28th March 2011. Again, see point 3 above.

lisab2009 wrote: »

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)

The CCJ will vanish from your credit file after 6 years as defaults do so thats the main thing - just ignore it for now! It will drop off on 22 November 2011 - the default will go at the same time.

lisab2009 wrote: »

7) Aktiv Captial £508 default on 13/10/05 (this also has a CCJ dated 21/11/05)

As above.

lisab2009 wrote: »

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).

Worth checking them if you have them - could mean defaults etc disappear quicker...... failing that, get your experian and equifax files cos they show more data and are accurate....

lisab2009 wrote: »

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.

But they still have to confirm you're there and then serve legal papers, apply for the ccj, serve you and all the while you could apply for set-off.... don't worry about this for now! Just dont go applying for anything and alert them!

Hope that helps - you;re on the right tracks, just lie low for 2 more years

Nearly_Floating

never-in-doubt wrote: »

Hiya

First you follow this process and reclaim money owed to you:
#Link to page about reclaiming 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....

Hi again
I notice that this link relates specifically to credit cards, can I use the same letters for catalogues?
Thanks

never-in-doubt

Nearly_Floating wrote: »

Hi again
I notice that this link relates specifically to credit cards, can I use the same letters for catalogues?
Thanks

Ermmm, best to ask on that forum as i'm no expert on catalogues and reclaiming...

di3004

Hi there

Going back to Lloyds SCUM Solicitors, they have sent us goodness knows how many letters and so on.

Yet Lloyds have finally agreed to us paying £1 token payments a month by payment books they sent out, to be reviewed by 6 months.

So why SCUM are still sending us the so called letters now I do not know.
I no longer worry about them, as I did at first.

Good luck with these folks, in my opinion they are someone in nothing.....:o;)

oops sorry to jump in on your thread here folks. X

never-in-doubt

di3004 wrote: »

Hi there

Going back to Lloyds SCUM Solicitors, they have sent us goodness knows how many letters and so on.

Yet Lloyds have finally agreed to us paying £1 token payments a month by payment books they sent out, to be reviewed by 6 months.

So why SCUM are still sending us the so called letters now I do not know.
I no longer worry about them, as I did at first.

Good luck with these folks, in my opinion they are someone in nothing.....:o;)

oops sorry to jump in on your thread here folks. X

why bother to pay £1 per month and have a knackered credit file for infinity? Its always best to let them default you in which case after 6years the entry is erased from your credit file... even an arrangement to pay (albeit at £1 per month) is derogatory as a A/P marker may as well be a D marker :rolleyes:

Just pointing this out to you, in case you missed the obvious Di...

di3004

never-in-doubt wrote: »

why bother to pay £1 per month and have a knackered credit file for infinity? Its always best to let them default you in which case after 6years the entry is erased from your credit file... even an arrangement to pay (albeit at £1 per month) is derogatory as a A/P marker may as well be a D marker :rolleyes:

Just pointing this out to you, in case you missed the obvious Di...

oh yeah of course, good one hun :T:T.
Its good to hear from you again, wow your flying through the posts.....:T:T, cheers for this though but yeah I got it.;)

fermi

di3004 wrote: »

Hi there

Going back to Lloyds SCUM Solicitors, they have sent us goodness knows how many letters and so on.

Yet Lloyds have finally agreed to us paying £1 token payments a month by payment books they sent out, to be reviewed by 6 months.

So why SCUM are still sending us the so called letters now I do not know.
I no longer worry about them, as I did at first.

Good luck with these folks, in my opinion they are someone in nothing.....:o;)

oops sorry to jump in on your thread here folks. X

http://business.timesonline.co.uk/tol/business/industry_sectors/banking_and_finance/article6078489.ece

happymoneysaver79

Hi!
Firstly thankyou OP for this wealth of information. I have been considering going down this path for some time. Just one question. We would dearly like to move house in the near future. If defaults are issued against us and our credit rating is trashed woud it be impossible to get a mortgage? Or would we get a mortgage but be paying higher rates? If anyone can offer advice I would be very grateful.

never-in-doubt

happymoneysaver79 wrote: »

Hi!
Firstly thankyou OP for this wealth of information. I have been considering going down this path for some time. Just one question. We would dearly like to move house in the near future. If defaults are issued against us and our credit rating is trashed woud it be impossible to get a mortgage? Or would we get a mortgage but be paying higher rates? If anyone can offer advice I would be very grateful.

Hiya

Yes it would affect you in that you'll probably get declined a mortgage! It may be an idea to apply for the mortgage then pursue unenforceability etc or waiting 6yrs for the mortage - but in reality you do have to do whatever is best for you at the present time. Bear in mind, making small payments now may seem great but if you then default in 3 years you've wasted those 3 years so its best to work out exactly where you stand and then proceed with whatever suits your present and short term needs...

scarednshakin

Hi N-I-D, need some more help (seems to be never ending) A couple of SAR's I sent out for other half have not been replied to, do I just send the reminder letter for CCA requests?

Now a question for me I sent CCA to Monument and received a copy of current terms, asked advice here and then decided to SAR them. Today received info from them, think it is all there just wanted to check. They have sent out T&C current and past my name & address on current one but nothing on the old one. They also sent out a copy of a reply card which has nothing written on it at all, under name and address it has Mr A B Sample and then attached to this is a Financial and Related Particulars document.

In the letter they state that the account is now owned by Lowells (they passed it on when I requested the SAR). That a copy of the front of your Reply Card, where the Financial and Related Particulars of your CCA were included on the reverse.

Just wanted to check, am completely brain dead this morning and not sure if it is enforceable or not.

Thanks