Unenforceability & Template Letters

puddy

HI I have just spoken to my friend and advised her to read this thread, but in the meantime, she told me that the company she is using have told her that they have insured against her debt being sold on to a DCA and emphasised to her that no default would be regsitered against her. Is this possible?

she also said that even if she wanted to, she cant pull out of the action now because the company has insured her in a 'no win, no fee' way, meaning that if she pulls out their insurance will be void and they will charge her for what they have done so far.

she is going to ring them tomorrow to check out what Ive told her but because they have told her they are 'going to court' about the enforceability, is this different to writing letters to lenders, - is a court judgement that a debt is uneforceable likely to prevent a default being put on her credit file?

thanks

Confessionsofanexdebtcoll

Evening, I started this with another website letter I'll post it up now, and today I had a letter from MBNA with a copy of my latest terms and conditions. So wait the 40 days like my letter states now???

Formal Request under the Data Protection Act 1984 and 1998, and including the Right of Subject Access

I understand that you currently hold details of my personal / financial information within your internal record systems with regards to:

Account Numbers inclusive but not limited to:

ACCOUNT Nos:

I enclose a utility bill and driving license as proof of my I.D. and address.

Please supply me with complete details of all data held by yourselves, in regards to myself within your organisation, including, but not limited to:
1. Full copies of all contracts that you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.

2. A complete list of all transactions or statements relating to ALL accounts held by me with your organisation.

3. Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

4. Full copies or transcripts of any computer logs or database records kept in relation to me or in relation to my personal / financial information.

5. Full copies of any and all correspondence in postal, email or any other format that you have entered into with any individual, organisation or third party which contains my personal / financial information, or which pertains to me.

6. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorized officer of your company, confirming the dates and methods of destruction of this data

7. Full hard copy print outs of any of my personal / financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

8. A copy of all telephone recordings are to be provided on a CD.

9. Full disclosure of all commissions or payments made or received by your organisation from / to any insurance provider.
Such submissions from yourselves, that the relevant data is now only held on Microfiche in date order and can only be provided at extra cost is unacceptable as it implies that such data is nonetheless retrievable.

I enclose the statutory maximum fee of £10.00 to access ALL data held by your organisation about myself.

You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request could result in an investigation by the Information Commissioners Office. You have 40 days in which to comply.

If you are unable to deal with this request, you should immediately forward it to the person within your organisation responsible for Data Protection.

I look forward to hearing from you in the first instance by acknowledgement of this letter, and a full response within the above designated time scale.

Yours faithfully,

never-in-doubt

Confessionsofanexdebtcoll wrote: »

Evening, I started this with another website letter I'll post it up now, and today I had a letter from MBNA with a copy of my latest terms and conditions. So wait the 40 days like my letter states now???

Hiya

What you're doing is SARing them - is that what you want to do? Your post is very vague and confusing so please give some update.... however, your letter is basically a SAR which costs £10 and I don;t understand what this has to do with the CCA request...

If you sent the CCA Request (as shown in post 1 on this thread) then you should send off the CCA Dispute Letter / Section 10 letter.

never-in-doubt

jenner wrote: »

HI I have just spoken to my friend and advised her to read this thread, but in the meantime, she told me that the company she is using have told her that they have insured against her debt being sold on to a DCA and emphasised to her that no default would be regsitered against her. Is this possible?

Absolute rubbish! Never heard anything so ridiculous in my life and if your mate believes this nonsense then they are seriously deluded (sorry to be so blunt but it is true!)

jenner wrote: »

she also said that even if she wanted to, she cant pull out of the action now because the company has insured her in a 'no win, no fee' way, meaning that if she pulls out their insurance will be void and they will charge her for what they have done so far.

Yea, whatever! They will say anything - at the end of the day you said she paid £150 or whatever right? If so she has paid in part for work to be done which she is now cancelling... however if they are alleging to be able to do all this then may as well leave them to it - we'll see your mate in due course then, when the company cannot deliver what they promised....

jenner wrote: »

she is going to ring them tomorrow to check out what Ive told her but because they have told her they are 'going to court' about the enforceability, is this different to writing letters to lenders, - is a court judgement that a debt is uneforceable likely to prevent a default being put on her credit file?

thanks

LOL, they are going to court are they? Great - leave them to it.... the judge will never guarantee to remove a default, they can award it in judgement but the lender can still add it leaving you to pursue a judgement against them. Its a fruitless exercise but like I say if your mate has paid then let the company deliver what they promise....

Rainy_2

never-in-doubt wrote: »

Hiya,

You should always deal with the original creditor in such instances whereby you can offer more so i'd suggest you ring them first and ask them who now own the debt and who can negotiate higher repayments. They should give you the number and contact details of the DCA upon request.

If not, then simply continue to pay the agreed amount until one of them writes to you - don't worry about court action letters they are idle threats - is it a 14 day notice before default? Regardless, you should send the following to them and copy in the last DCA that you were dealing with (i.e. who are you paying now?):

Thanks N-I-D, :beer: There's already a default on the loan so it appears to be an idle computer generated threat.

Just to complicate the matter further, I received another letter from Blair, Oliver and Scott today (dated the day after they sent their computer generated nasty one) accepting my token monthly payment (which is already in place with The AA and wasn't the aim of my letter to them at all)

It tells me to pay them directly now and they are acting on behalf of their client Bank of Scotland (who I believe powers the AA financial bit). I'm going to try and dig a little today and find out if The AA have passed the debt on or not. I don't want to stop paying the AA and jeopardise our agreement because no one seems to want to tell me who owns the debt!

They aim to confuse! Thanks for your help and this great thread :A

puddy

Thanks NID, I thought as much but Im not sure she will be convinced, I'll let her know anyway

never-in-doubt

jenner wrote: »

Thanks NID, I thought as much but Im not sure she will be convinced, I'll let her know anyway

If that is the case then it may be best to let her do whatever she thinks and leave her to it.....

Its not a matter of convincing, its a matter of utilising common-sense with the law in which case the people purporting to be able to do such actions should be easily proven by a simple google search on the subject! :beer:

lmclean100

Hi Never-in-doubt

I received a default notice from Littlewoods even although I'd put the account into dispute as they admitted they didn't have a CCA for my account.

I used one of the templates and sent off a letter.

Well, I've had a response from Littlewoods dated 22 October to my letter of 12 October.

They noted that I wasn't happy that they had passed my account to Nationwide Debt Recovery. They also have confirmed that they don't have a copy of a signed credit agreement and they will not be enforcing the account. But I've been advised that this can take up to six weeks to be completed.

As the balance remains unsatisfied it will be noted on their internal files for future reference. This information will also form part of my records at the Credit Reference Agencies where they share information. This information will remain on my credit reference file for 6 years.

In the same post, I have received from NDR dated 17 October a notice of default sums under the Consumer Credit Act 1974.

Think about going for repayment of the charges but not sure if I can.

Any suggestions.

Wispa1

Hi, I am fairly new to this and would really appreciate some advice for some credit card debts that are all pre 2007. The majority of these debts are with DCA or on reduced payment plans with the original providers, all of which have added defaults already. I am in the process of reclaiming PPP fees and charges back on all of these credit cards but I feel that the unenforceable issue would apply to the majority of these debts. Therefore please can you advise on the following:

1) Do I wait until I have received payments for the credit card fees & PPP before I start the unenforceable process.

2) If I start the unenforceable process now, do I still have to make the reduced monthly payments to the providers or the DCA

3) Are overdrafts covered by this?

4) If the debts are found to be unenforceable, would the companies want a reduced lump sum repayment back or can you still repay the debt monthly (which would hopefully be alot less then the balance now).

Thanks for your help and sorry if the answers have been listed already

shoestringbudget_2

Rainy wrote: »

Thanks N-I-D, :beer: There's already a default on the loan so it appears to be an idle computer generated threat.

Just to complicate the matter further, I received another letter from Blair, Oliver and Scott today (dated the day after they sent their computer generated nasty one) accepting my token monthly payment (which is already in place with The AA and wasn't the aim of my letter to them at all)

It tells me to pay them directly now and they are acting on behalf of their client Bank of Scotland (who I believe powers the AA financial bit). I'm going to try and dig a little today and find out if The AA have passed the debt on or not. I don't want to stop paying the AA and jeopardise our agreement because no one seems to want to tell me who owns the debt!

They aim to confuse! Thanks for your help and this great thread :A

Blair Oliver & Scott.... what do the initials stand for B O S they are one and the same company. I have dealth with them. They are at the top of the incompotent table... dont worry