Unenforceability & Template Letters

never-in-doubt

shoestringbudget wrote: »

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

Hiya,

seems to me that the DCA in charge of the debt has handed the file back to the OC (Barclays) and they will start to harass you for the debt from now on. They can close their file and return you to Barclays but must refund you so they have acted accordingly at the moment.

What you need to be wary of is what will Barclays do now? I'd just sit on it and not respond for the time being, see what they say to you - do not bank the £1 either! Its just not worth it.

Basically the process is simple - send a CCA request to each creditor (OC) and then if they do not send back a legally compliant CCA to you, you send in the dispute/s.10 letter and ignore them (obviously cease payments).

You are aaware this will leave you with defaults and no credit for 6yrs? However, at least its better than paying something for 20 years!

minibits

Thanks, never-in-doubt, your help is appreciated.

Will get the letter off today. Would it be wise to let Bryan Carter know that the account is now in dispute?

Regards,

never-in-doubt

minibits wrote: »

Thanks, never-in-doubt, your help is appreciated.

Will get the letter off today. Would it be wise to let Bryan Carter know that the account is now in dispute?

Regards,

Hiya

Yes, just print 2 copies and send one to Phoenix and a copy to BC.... then just put a cover letter to BC like 'please see attached correspondence with the account owner'. Until such time the dispute is resolved I will cease communication with you and I suggest you in turn speak to your contact at Phoenix. Continual threatening letters will constitute harassment which will be purused by myself with the relevant authorities....

minibits

Thanks again never-in-doubt, that all sounds great. Very much obliged for your time taken to respond.

Regards.

shoestringbudget_2

.. and a big thanks from me N I D. Not bothered about the next 6 years ref obtaining credit.Will live on a shoestringbudget!! until then. Westcot & Barclays are the same firm one owns the other so sent the cca to both originally and named both in the s/10 letter that I also sent.

leemuddywaters

never-in-doubt wrote: »

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.

Thanks NID

Yeah I posted before then let it go again, want to do everything in my power to beat this but not sure where to start. Do you think I should send the default proof letter to capital one as well even though this account is settled?

never-in-doubt

leemuddywaters wrote: »

Thanks NID

Yeah I posted before then let it go again, want to do everything in my power to beat this but not sure where to start. Do you think I should send the default proof letter to capital one as well even though this account is settled?

Ok, if the account is settled you should first SAR them and specifically request all previous statements so you can reclaim all charges. After that, you should send the letter as detailed on page 1. SAR template is also on page 1.

http://www.moneysavingexpert.com/reclaim/credit-card-charges

never-in-doubt

shoestringbudget wrote: »

.. and a big thanks from me N I D. Not bothered about the next 6 years ref obtaining credit.Will live on a shoestringbudget!! until then. Westcot & Barclays are the same firm one owns the other so sent the cca to both originally and named both in the s/10 letter that I also sent.

Hiya

Okies, if you are fine with the lack of credit for 6yrs then just proceed as planned. Read some of the other posts and you'll soon get a picture of what to do etc.... If you get stuck, post back and we'll sort you out....

leemuddywaters

never-in-doubt wrote: »

Ok, if the account is settled you should first SAR them and specifically request all previous statements so you can reclaim all charges. After that, you should send the letter as detailed on page 1. SAR template is also on page 1.

http://www.moneysavingexpert.com/reclaim/credit-card-charges

Thanks NID... Sorry to be absolute pain, but what would you reccommend sending to the DCA looking after the Egg account, proof of default letter?

Know I come across daft but really lost with a lot of this.

Thanks again

never-in-doubt

leemuddywaters wrote: »

Thanks NID... Sorry to be absolute pain, but what would you reccommend sending to the DCA looking after the Egg account, proof of default letter?

Know I come across daft but really lost with a lot of this.

Thanks again

Yes mate - send this letter: However if the debt is settled then first and foremost you send off to reclaim charges.

Request for proof of Default

Dear Sirs,

Account No:

After recently obtaining a copy of my Credit File from the Credit Reference Agencies, I am concerned to note that your company has placed a "Default" notice against an alleged account I held with you.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

2. Please also supply me with a signed, true certified copy of the original default notice.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

I would request that this data is provided to me within the next 14 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.

Yours faithfully




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