Unenforceability & Template Letters

CeeBeeDeeBee

Cheers fermi I thought it was a bit of a long shot lol

MIKE770

If they do send CCA not signed as you say they can if under certain aspects of the law, but if you send them a SAR with the statuary £10 they have to send you all information and transcripts also True Copy of CCA (signed or not) which they hold, they have 40 days to supply the info if not go to I NFORMATION COMMISSIONERS OFFICE, , reqesting they act to get CCA, and relevant information. If no CCA received after 12+2 days they are in default, do not forget they will not acknowledge unenforceable agreement up until a lot later stage in proceedings this should be you aim, but of course you should try with DCA later if they purchased the debt (which should not happen if in dispute) a Full & Final Settlement say 10%/15% and |CRAs file marked satisfied. Hope this gives you a little knowledge. This relates to credit cards and or catalogue agreements I believe, further information should be sought from one of the other sites maybe??????

never-in-doubt

moo_cow wrote: »

First rule here - do not speak to these parasites on the phone! You must learn to do things in writing....


oh dear! I consider myself well and truly told off (lol). I was on the phone with them as they were threatening me over a 3 day late payment and demanding the whole balance. I'm sending the formal request today with the £1. Something i've noticed is someone saying they do not have to send you a copy of the signed agreement. But could basically send a blank copy. This i'm a little confused about. Because I know there's no signed agreement as I have it still, at home, unsigned. If they send an unsigned copy where would this leave us with regards to the next step?
I have no idea if we've been defaulted. I honestly can't remember. With regard to my credit score, it's shot to pieces anyway. The recession has hit us like a ton of bricks and we have already been sent at least 3 default notices on other things so that i'm not worried about. I will never ever have credit again. It's been a hard lesson and one well learned.
BTW i'm supposed to be making another payment next week, should I honour that or hold back until they send me the copy of the credit agreement?

lol, sorry wasn't a telling off just strong advice cos they will rip you off when you ring them.....

Regards to the CCA - they dont have to send a signed one but we'll tell you more when they return whatever they return to you.... its classed as a true copy of the original.....

Obviously if you're already defaulted elsewhere - don't pay any more. Let them default you.....

Post back when you get an update and we'll guide you through the process....

never-in-doubt

MIKE770 wrote: »

If they do send CCA not signed as you say they can if under certain aspects of the law, but if you send them a SAR with the statuary £10 they have to send you all information and transcripts also True Copy of CCA (signed or not) which they hold, they have 40 days to supply the info if not go to I NFORMATION COMMISSIONERS OFFICE, , reqesting they act to get CCA, and relevant information. If no CCA received after 12+2 days they are in default, do not forget they will not acknowledge unenforceable agreement up until a lot later stage in proceedings this should be you aim, but of course you should try with DCA later if they purchased the debt (which should not happen if in dispute) a Full & Final Settlement say 10%/15% and |CRAs file marked satisfied. Hope this gives you a little knowledge. This relates to credit cards and or catalogue agreements I believe, further information should be sought from one of the other sites maybe??????

Don't mean to rain on your parade but a few points of concern;

1. Even when you issue SAR the lender does not always have to comply when in respect of CCA. They can send reasonable items but if the CCA is held offsite or will cost to find they can pass the cost back to you. Bottom line is you send a CCA request and if they don't repspond within the 14 days then you send a dispute letter off. The only way you'll commence repayments is when/if they comply with the request and prove you have signed something. So in essence saving yourself £10 SAR fee..

2. The ICO have no legal powers, they can only advise and recommend the lender complies.

3. Pointless offering F&F settlements once defaulted as a settled default means the exact same as an outstanding default - thus pointless offering to pay when the legalities are the same (so is the outcome)..

4. Further information is on this site - we dont try and get visitors here to go to other sites.... this thread explains everything you'd ever want to know about unenforceability with all letters and the facts.

Hope that clears things up a little for you.

moo_cow

Thanks Never-in-doubt, I have my council tax due next week but got in such a state about this, that I was going to miss the payment on my council tax to pay this debt as they are so threatening.
Thank you , thank you, thank you. I will most definately keep you updated. This is one of my debts that I seriously have hated paying because of the way the debt was 'accrued'.
And i'll be paying my council tax next week as normal!
will keep you updated.

never-in-doubt

moo_cow wrote: »

Thanks Never-in-doubt, I have my council tax due next week but got in such a state about this, that I was going to miss the payment on my council tax to pay this debt as they are so threatening.
Thank you , thank you, thank you. I will most definately keep you updated. This is one of my debts that I seriously have hated paying because of the way the debt was 'accrued'.
And i'll be paying my council tax next week as normal!
will keep you updated.

Don't worry - make sure you pay the CT cos they can and will pursue CCJ's which are slightly different to a default..... ignore the lenders, send the CCA and if they don't respond then just come back here and send the dispute letter.....

If they do reply or send you threats, let us know. They have no rights whatsoever....

Regards to bailiffs and the threats made - have a mooch here, hopefully it'll help put your mind at rest: Dealing with Bailiffs Harassment

moo_cow

you're amazing, thank you. I get so worried and stressed about things. I try to make light of situations but I do really, honestly get worried. I now know also to do EVERYTHING in writing. That way I don't get hassled and threatened on the phone.

never-in-doubt

moo_cow wrote: »

you're amazing, thank you. I get so worried and stressed about things. I try to make light of situations but I do really, honestly get worried. I now know also to do EVERYTHING in writing. That way I don't get hassled and threatened on the phone.

you're amazing, thank you

Thats what all the ladeeez say lol (joke).... are you a bloke haha

Hi

Don't get worried/stressed it just isn't worth it. Simply tell them to go away or ignore the phone calls and if they write, either ignore it or post what they say on here and we'll sort the reply for you - tell them the law that most lenders seem to fail to acknowledge....

You'll be fine, don't let it wear you down...

moo_cow

no definately not a man. at least I wasn't the last time I looked. lol!

Will remember to not let things get on top of me too. (bills that is!!!!)

never-in-doubt

moo_cow wrote: »

no definately not a man. at least I wasn't the last time I looked. lol!

Will remember to not let things get on top of me too. (bills that is!!!!)

lol..... thats funny :rotfl:

In fact the second paragraph is also funny :rotfl:

see already you've chirped up a bit...