Unenforceability & Template Letters

timmmers

captainhaggis wrote: »

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


??

You didn't do that did you? I wouldn't. I'd be as bad as them then.

t

captainhaggis

timmmers wrote: »

You didn't do that did you? I wouldn't. I'd be as bad as them then.

t

I wish I had debts that were becoming SBed but, alas, no.

yello_2

never-in-doubt wrote: »

Hiya

Send the following letter - from page1....

Do not accept liability! When you say it is not your debt, are they addressing it to you or someone else at your address? Please clarify before sending the letter away:

Hi NID

Thanks for the advice. They are addressing it to me, but it is not my debt. I think I must be a 'fuzzy' link that they pursue. Maybe I have the same name or have lived at the same address as the person the debt actually belongs to.

CeeBeeDeeBee

Hi Never In Doubt, thanks for taking a look at the application form.

My name and address were on page 2 of the application form (page 1 of the CCA), however the details were handwritten by the member of staff instore when applying for the card and not typed, does that make any difference at all?

Also this is the second copy of this document they have sent me, the first hadn't been signed and dated by the creditor, yet when they sent me this copy a signature and date had appeared - should I flag that up or does it not matter?

Thanks

never-in-doubt

CeeBeeDeeBee wrote: »

Hi Never In Doubt, thanks for taking a look at the application form.

My name and address were on page 2 of the application form (page 1 of the CCA), however the details were handwritten by the member of staff instore when applying for the card and not typed, does that make any difference at all?

Also this is the second copy of this document they have sent me, the first hadn't been signed and dated by the creditor, yet when they sent me this copy a signature and date had appeared - should I flag that up or does it not matter?

Thanks

Don't worry and stop going over and over it - it will not be 100% right so just send the dispute letter and let them prove to you they have the original....

scott9c

Hi,

following reading advice on this web site i have sent out my first three letters.
1. Lloyds tsb credit card £5,000. They replied stating that they had a cca but couldn't quite locate it at present!!
2. Barclaycard replied that while they do not have the original they enclose something that is acceptable.
3. Bank of Scotland have not supplied me with anything and it is now past the 14 days comfortably.

i am becoming frustrated by this and i assume thats how they want me to feel and i nearly signed up with a company to deal with it for me but the are looking for a fairly substantial payment. is it possible to see this through? i am about to send BOS the letter to state that the account is in dispute and that is fairly straight forward but advice on the other two would be appreciated and at what point do i draw a line and say im not continuing to pay??
:eek:

never-in-doubt

scott9c wrote: »

Hi,

following reading advice on this web site i have sent out my first three letters.
1. Lloyds tsb credit card £5,000. They replied stating that they had a cca but couldn't quite locate it at present!!
2. Barclaycard replied that while they do not have the original they enclose something that is acceptable.
3. Bank of Scotland have not supplied me with anything and it is now past the 14 days comfortably.

i am becoming frustrated by this and i assume thats how they want me to feel and i nearly signed up with a company to deal with it for me but the are looking for a fairly substantial payment. is it possible to see this through? i am about to send BOS the letter to state that the account is in dispute and that is fairly straight forward but advice on the other two would be appreciated and at what point do i draw a line and say im not continuing to pay??
:eek:

You treat all 3 the same - they have all failed your CCA Request in line with s.88 of the Consumer Credit Act.

Therefore send the same letter to all 3 lenders - i've amended this from the main template to suit your need. Just add the date in the first paragraph and delete the text in para 2 after adding 14 days from the date you sent it...

Remember to attach a copy of your original request.

You should cease payments to all 3 accounts forthwith.

Dear Sirs,

Account No: XXXXXXXX

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under the Consumer Credit Act 1974 (s.78). A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.
(date = 12+2 days after you sent the CCA request - delete this text)

The document that you are obliged to send me is a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore; you should be aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

As you are no doubt aware s.77(6) states:

"If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law"

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under s.10 of the Data Protection Act (1998) to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter and look forward to hearing from you, in writing within 30 days.

Yours faithfully




Sign digitally

never-in-doubt

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

Before you send anything you have to ensure it is deffo over 6 years so order your credit report asap.... then you'll see the dates.

Then send this letter if its definitely over 6 years or doesn't appear on your credit report (which it shouldn't as it is over 6 years apparently?)...

If you send this letter and its not 6yrs, you've admitted liability and thus 6years start from then! Not worth it for the sake of £2 for your statutory credit report...

Good Luck - any probs come back and i'll sort for you

Dear Sirs,

Re: Statute Barred Account - Numbered - XXXXXXXXXXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully




Sign digitally

captainhaggis

I sent my CCA requests on 26th Oct and, as of today, I've only had one back from LTSB which, with the help of NID, had been deemed unenforceable.

Lloyds sent a reply regarding another request saying they couldn't accept the postal order because it wasn't made payable to them (I confirmed with the post office today that they COULD write in, by hand, the payee name) and Egg sent a letter asking me to confirm my address.

As for my Smile cards and MBNA, I believe they are now past their 12+2 days allowed?!

Oddly enough, a few days after MBNA got my request, they started calling me to pressure me to make the F&F offer I'd negotiated with them. I thought I'd wait to see how the CCA thing panned out first but I'm getting pressured in to paying them their XX% in F&F. I think they know the CCA isn't enforceable and are trying to get me to pay something before I realise.

timmmers

Cunning as a bag of very cunning weasels eh ?

t