Unenforceability & Template Letters

never-in-doubt

lmclean100 wrote: »

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.

Catalogues are not my strong point so best to post on the reclaim board for help from someone that has done it.... http://forums.moneysavingexpert.com/forumdisplay.html?f=102

Suffice to say, the debt will be unenforceable meaning that any charges due would be levied against the balance so wouldn;t make an iota of difference in laymans terms..... you should not pay anything else to the account now, it is unenforceable.

However the default will remain, unfortunately..... Unless you take them to court :rolleyes:

never-in-doubt

shoestringbudget wrote: »

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

Blair Oliver Scott are the internal debt collection agency for HBOS Group. Basically they are an internal DCA and should be treated as such. I'd not worry too much if they write to you, they have less power than they'd like you to know about

never-in-doubt

Wispa1 wrote: »

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

Usually they will add the fee and PPI refunds to the debt thus reducing the balance so no point in waiting, start the process now....

Wispa1 wrote: »

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

If they have already defaulted you then i'd not be paying anyway - but the only person that can make that call is you....

Wispa1 wrote: »

3) Are overdrafts covered by this?

Yep sure are - they are governed by the CCA1974 as are credit cards etc...

Wispa1 wrote: »

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).

If they are unenforceable then you pay nothing and after 6yrs they become statute barred. The longer you pay them can hinder things, for instance you pay for 5 years and in year 6 they apply for a CCJ - you'd end up 12 years with derogatory data. Cease paying, they will act once and then after 6yrs it becomes statute barred.

read page 1 and the letters for an idea as to the laws and processes.....

lmclean100

never-in-doubt wrote: »

Catalogues are not my strong point so best to post on the reclaim board for help from someone that has done it.... http://forums.moneysavingexpert.com/forumdisplay.html?f=102

Suffice to say, the debt will be unenforceable meaning that any charges due would be levied against the balance so wouldn;t make an iota of difference in laymans terms..... you should not pay anything else to the account now, it is unenforceable.

However the default will remain, unfortunately..... Unless you take them to court :rolleyes:

Thanks, I thought I might be chancing my arm a bit. Mark it down to experience.

Gemstone01

Hi NID, sorry I am new to this, I have been reading the threads and following your advice for a while and am now not sure of the course of action I need to take, so wondered if you could please advise.

I received a Red Debt Collection letter regarding an O2 mobile phone account back in August 09. It was in my name but stated Mr rather than Miss. I read the threads on here and as I had no knowledge of this debt used one of your letter templates titled "unknown debt" which requests no further contact is made until evidence as to my liability be provided. I received several letters from Lowell Portfolio I after this stating "we are still looking into the query raised on your account and will respond as soon as possible" and then a few days ago I received a letter from Red stating they had received a response from O2(UK) Ltd stating the account was opened and credit checked in my name and if anyone else took this contract without my knowledge its is fraud and needs to be reported to the police.

Please can you advise the best course of action now? All I am asking for is a signature so I can prove it is not my acccount, therefore should I send the request for CCA letter you have posted? Does this still apply to mobile phone companies or are they not regulated by CCA74?

Any advice you can give is much appreciated.

never-in-doubt

Gemstone01 wrote: »

Hi NID, sorry I am new to this, I have been reading the threads and following your advice for a while and am now not sure of the course of action I need to take, so wondered if you could please advise.

I received a Red Debt Collection letter regarding an O2 mobile phone account back in August 09. It was in my name but stated Mr rather than Miss. I read the threads on here and as I had no knowledge of this debt used one of your letter templates titled "unknown debt" which requests no further contact is made until evidence as to my liability be provided. I received several letters from Lowell Portfolio I after this stating "we are still looking into the query raised on your account and will respond as soon as possible" and then a few days ago I received a letter from Red stating they had received a response from O2(UK) Ltd stating the account was opened and credit checked in my name and if anyone else took this contract without my knowledge its is fraud and needs to be reported to the police.

Please can you advise the best course of action now? All I am asking for is a signature so I can prove it is not my acccount, therefore should I send the request for CCA letter you have posted? Does this still apply to mobile phone companies or are they not regulated by CCA74?

Any advice you can give is much appreciated.

Hiya

Did you sign for the agreement? The name error wouldn't mean much and certainly won't make anything unenforceable. However, you should send a SAR request to a mobile company to see what data they hold against you - unlike a card provider they are not governed by the CCA1974 as you correctly suggested.

See here for SAR letter: #6

Gemstone01

Thanks very much, no I didnt sign the agreement, I think it may actually be fraud by my ex. I will send the SAR letter you have referred to. Thanks again

saskia1

Advice needed please!!!!

have a £8k CC debt with Lloyds - requested a copy of signed agreement & this is the reponse they have sent me today:

''I write in respose to you request for a copy of your Consumer Credit Agreement under section 78 of the Consumer Credit Act act 1974 (CCA)

I have enclosed:

A copy of your original agreement: which has been updated with the current financial profile of your account

A copy of the current terms & conditions

A signed statement of your account

By providing you with the documents attached to this letter, we have satisfied our obligation tp provide you with a copy of the executed agreement under section 78. There is no requirement under the CCA to provide you with a copy of the original signed agreement.

We are endeavouring to locate a copy of the signed agreement, but please be assured we would not have opened a cc account without an original agreement.

Having satisfied our obligation under section 78, the agreement you have is enforceable and shall continue to be treated as such.. We will not enter into any further correspondence with you regarding the provision of agreements.''

...............!!

it then goes on to say if you are using a claimant company then basically the recent warnings given by the misistry of justice and citizens advice bureau should be noted.

There is no copy of anything signed - & the agreement they have sent is addressed to me as now & is clearly typed up as of now - i took the card out circa 1990 and would have changed my adresss at least twice since the original agreement!!

What do i do now???

Do i send a response back??

advice greatfully appreciated!!!

sas

any spelling in the above is mine!!

Confessionsofanexdebtcoll

never-in-doubt wrote: »

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.

I started it from advise on another forum, then discovered this, so i'll wait until that notice is up then i'll start again with the templates on here, thank you

never-in-doubt

Confessionsofanexdebtcoll wrote: »

I started it from advise on another forum, then discovered this, so i'll wait until that notice is up then i'll start again with the templates on here, thank you

Yes, thats the best way - at least on here they are all in order and easier to follow - best of luck.