Unenforceability & Template Letters

never-in-doubt

scarednshakin wrote: »

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

Hiya

Why are you SARing the firms? You never do this unless you're certain they don;t have the CCA in which case its easier to get them 'over a barrel'.... I am confused with you SARing the likes of monument etc (waste of £10).... all you do is send the CCA request, they fail to reply so you send the CCA Follow-Up and after they write back with whatever BS you then send in s.10 and tell them to go away!

scarednshakin

Sent SAR to Monument (think you were on holiday at the time) didn't know what else to do.

What do I do with it now:o

never-in-doubt

scarednshakin wrote: »

Sent SAR to Monument (think you were on holiday at the time) didn't know what else to do.

What do I do with it now:o

Well the SAR will not achieve anything other than show you if there is a CCA in it. You follow the process on page 1 - just ignore the sar content this means little right now.

There is no rush, you cannot rush the process and it takes months to sort out - not days/weeks (i/m still fighting Cap1 for marcellep dating back to March/April time!).... What i'm saying is just be patient, its pointless threatening them for failing the CCA the day it expires, leave them a few weeks and see if it appears later - rush them, then cry unenforceability then think you've done it and at the last minute they produce the CCA would be what? A waste of time!

Therefore take things slowly, and be generous with times - pointless rushing things cos the end result will always be the same - you declare unenforceability, they default you, you argue, they say take us to court, you back down and that's that! The lenders are used to our threats so you need to chill out and just follow the process from page 1 and give them a chance to respond, I always say give them a month from sending CCA request then you go straight in with CCA dispute/s.10 letter and ignore all future letters/threats until they send the CCA to you - that is the process to take.

scarednshakin

Thanks for that, I do understand about being patient and I will behave from now on.

Saying that, don't shout at me, but could you advise about the Monument query?

leemuddywaters

Firlst hello all, recently found this site and have found it be a great help.

Im about to start my battle in getting 2 defaults removed from my credit report and would appreciate all input and support possible as its effected my life for the last four years.

I left the UK in 2006 to live in New Zealand and left a large some of money with a family member to place in my bank account so that a loan payment would be covered with Egg (starting balance £4000) and also a credit card (balance of only £250). I returned home two years ago to find out he had taken the money and my loan had defaulted and also the credit card with capital one.

I have paid the capital one credit card balance off completely as it was with DCA, it is showing as satisfied on my report but still as a default, and the Egg loan has a balance of £3000 as I have been paying the DCA for the last year.

The thing is both of these were taken out in 2005 and defaulted in 2006. I have seen examples of template letters going down the route of writing to both companies asking for proof of default letters? Is this the route to go down firstly? Or should I write a nice letter to Capital one initially asking for removal of default as that debt is settled?

I am recently married and my wife and I want a mortgage soon, so the clock is ticking and I want to start doing everything I clean to make our lives a lot better.

Hope some of you experts out there can point me in the right direction and I appreciate any input.

Thanks

Lee

minibits

Hi all,
I started a separate thread about this and then found this thread, which maybe a more appropriate placeto put it. Please forgive me if I'm wrong!

I am helping my daughter with her debts, incurred since her marriage breakup
The only debt now outstanding is an HSBC credit card that was passed on to Phoenix Recovery and is being chased by Bryan Carter Sols.

I wish to send a CCA letter but am unsure where to send it. Should it be sent to Bryan Carter or Phoenix? If Phoenix, does anyone have a UK address for them?

Should I also inform Bryan Carter that the debt is now in dispute, so that further proceedings are put on hold?

My daughter has paid over £500 back through an agreement with Bryan Carter but as her circumstances have now changed and she is now on income support, she is unable to keep the payments up.

Any help you great people here can give would be very much appreciated.

shoestringbudget_2

Hi everyone.
First , just like to say what an excellent forum and source of invaluble advice.

Having read alot of posts over the last 6 months I decided 4 months ago (after terrible harrasment from 10 creditors) to start the ball rolling with cca requests.

I had been making on time regular payment to all (about 45% of what I should have been paying) but all just kept wanting more, with the constant letters and phone calls I decided enough was enough.

Anyway, I am now at various stages with all of them, however, the first one that has capitulated is Westcot/Barclaycard.

CCA sent. They cashed cheque and sent me nothing. Followed it up with the correct letter from the template store.

Yesterday received a leter from Westcot saying that they were closing the account???? and with it was a cheque for £1.00 from Barclays made payable to me.

Is that it? should I cash the cheque? Is there some catch? If I cash the cheque (or dont) I am doing wrong.

Cant quite beleive it after all the hassel Ive had off them ( these were by far the worst). The outstanding balance was £14,000.00 !!

Any thoughts would be much appriciated.

Thanks in anticipation

never-in-doubt

minibits wrote: »

Hi all,
I started a separate thread about this and then found this thread, which maybe a more appropriate placeto put it. Please forgive me if I'm wrong!

I am helping my daughter with her debts, incurred since her marriage breakup
The only debt now outstanding is an HSBC credit card that was passed on to Phoenix Recovery and is being chased by Bryan Carter Sols.

I wish to send a CCA letter but am unsure where to send it. Should it be sent to Bryan Carter or Phoenix? If Phoenix, does anyone have a UK address for them?

Should I also inform Bryan Carter that the debt is now in dispute, so that further proceedings are put on hold?

My daughter has paid over £500 back through an agreement with Bryan Carter but as her circumstances have now changed and she is now on income support, she is unable to keep the payments up.

Any help you great people here can give would be very much appreciated.

Hiya

You should send it to the owner of the account, this will be the DCA (Phoenix) and their address is:

Phoenix Recoveries (UK) limited
Phoenix House
C A M client queries
Unit 16, Boundary Business Centre
Boundary Way
Woking
Surrey
GU21 5Dh

If I remember correctly they are now called CAM...... (something like client account management or something!).....

Send the CCA and see what they come back with - remember to send £1 with it...

never-in-doubt

leemuddywaters wrote: »

Firlst hello all, recently found this site and have found it be a great help.

Im about to start my battle in getting 2 defaults removed from my credit report and would appreciate all input and support possible as its effected my life for the last four years.

I left the UK in 2006 to live in New Zealand and left a large some of money with a family member to place in my bank account so that a loan payment would be covered with Egg (starting balance £4000) and also a credit card (balance of only £250). I returned home two years ago to find out he had taken the money and my loan had defaulted and also the credit card with capital one.

I have paid the capital one credit card balance off completely as it was with DCA, it is showing as satisfied on my report but still as a default, and the Egg loan has a balance of £3000 as I have been paying the DCA for the last year.

The thing is both of these were taken out in 2005 and defaulted in 2006. I have seen examples of template letters going down the route of writing to both companies asking for proof of default letters? Is this the route to go down firstly? Or should I write a nice letter to Capital one initially asking for removal of default as that debt is settled?

I am recently married and my wife and I want a mortgage soon, so the clock is ticking and I want to start doing everything I clean to make our lives a lot better.

Hope some of you experts out there can point me in the right direction and I appreciate any input.

Thanks

Lee

You need to send proof of default letter (see page 1 and scroll down to find it). Obviously if you were in NZ they have not served the default correctly on you have they? But to be honest I feel you're fighting a losing battle, they won't back down - they tend to think its a punishment leaving it on.

I'm sure i've been here before with you on the sutton default removal thread.....?

Good luck.

never-in-doubt

scarednshakin wrote: »

Saying that, don't shout at me, but could you advise about the Monument query?

I thought I did mate - just ignore them if they have not send a compliant CCA or send the cca dispute / s.10 notice letter from page1...