Unenforceability & Template Letters

captainhaggis

Me again (again, again, again)!

Is it common for the creditors to say in their letter accompanying any CCA that the CCA complies with the Cons Cred Act 1974 even if it doesn't? Like a diversion tactic?

Goodtimesahead

NID Great stuff, I'll keep you posted of any success!

Keep up the good work, I'm trying to learn a bit more everyday.

Many Thanks

never-in-doubt

captainhaggis wrote: »

Me again (again, again, again)!

Is it common for the creditors to say in their letter accompanying any CCA that the CCA complies with the Cons Cred Act 1974 even if it doesn't? Like a diversion tactic?

They think we're daft and so yea, they say it complies and they will defend any action and then swing us from the lamposts and take our houses and flog our children etc - you get the idea?

Blunt threats that mean nothing! They are sending the exact same letters to 100's of people in the hope a high percentage will go away and say 'oh, ok then' - but they don't reckon on the 1m people visiting here each day thus telling them 'real truth' and to fight it.

Look at the Crappy1 fight i'm having for marcellep - In 4 letters i've ripped them a new a'rse but they still say they are right - now they simply refuse to speak cos they know they just aint clever enough to beat old niddy boy at his own game lol.....

So here we are, FoS complaint and ICO complaint followed by court if they don't get their finger out! They will lose - no doubt about it... follow that thread for updates...

never-in-doubt

Goodtimesahead wrote: »

NID Great stuff, I'll keep you posted of any success!

Keep up the good work, I'm trying to learn a bit more everyday.

Many Thanks

Look here - this will help explain things to you: http://forums.moneysavingexpert.com/showthread.html?p=25315175#post25315175

Also this post here shows a winning judgement: #188 (i.e. unenforceable)

captainhaggis

never-in-doubt wrote: »

In 4 letters i've ripped them a new a'rse

Ouch!

never-in-doubt wrote: »

they just aint clever enough to beat old niddy boy at his own game lol.....

Too bliddy right, dude!

:beer::j:beer:

timmmers

I've been up ALL night reading this thread and the one linked to it.
Amazing how much hope you put back into some worried lives dude.
Hats off to you.

I have a simple question I'd like to be sure of.
Assuming no communication of any kind with a DCA or the original lender for well over 6 years, that means the debt is staute barred right ?

Would getting a credit record check have any influence on this, and if the relevent letter was sent to the DCA..would that incur mention on the credit files?

In short, what happens if you go down the statute barred road? IS there any serious downside or anything that shouldn't be done prior?

t

cejsmith

never-in-doubt wrote: »

Mate do us a favour and go back to the following posts and delete them cos its way too confusing (click edit then advanced and delete)....

#652 & #654 & #658

Cheers.

Regards to the agreement, it looks enforceable to me...... :mad:

There you go deleted!!!!

But do you think that this is true, I dont

This is simply another option available to
our customers to assist them in repaying their debts. In relation to field visits in subsection 2.12 of Office of Fair Tradings' guidelines doorstep visits must give adequate notice of the time and date of visit. The Armstrong v Sheppard (1959) case you quoted is dependant on each individual circumstance and only such order to refuse access can come from a Court and not from the individual.

never-in-doubt

timmmers wrote: »

I've been up ALL night reading this thread and the one linked to it.
Amazing how much hope you put back into some worried lives dude.
Hats off to you.

I have a simple question I'd like to be sure of.
Assuming no communication of any kind with a DCA or the original lender for well over 6 years, that means the debt is staute barred right ?

Would getting a credit record check have any influence on this, and if the relevent letter was sent to the DCA..would that incur mention on the credit files?

In short, what happens if you go down the statute barred road? IS there any serious downside or anything that shouldn't be done prior?

t

Hiya,

Basically the law stipulates that after 6 years the debt is statute barred meaning that no-one can request repayment, all trace is also removed from your credit file so no1 would know about this debt, 6 years later.

There is no serious downside other than hiding for 6 years Just ensure you do not acknowledge the debt (i.e. write to them) or pay anything toward the debt.

timmmers

Cheers mate, it's been about 8 years so that looks like a done deal.

Time to drop them a line i think.

t

captainhaggis

timmmers wrote: »

Cheers mate, it's been about 8 years so that looks like a done deal.

Time to drop them a line i think.

t

Is it morally wrong to, once a debt has become statute barred, simply send the lender a letter saying :

Dear Lender

IN YOUR FACE

Best wishes,


Anne Nonymouse


??