Unenforceability & Template Letters

unhappy_with_ecar

I've had success in the past in doing this. One problem when requesting true copies of agreements is that banks will state that a true copy doesn't require the signature strip under the CCA. Usually this means they don't have a copy of the agreement on file. As you've put in your letter, the Consumer Protection from Unfair Trading Regulations is a good act to use and gives you good grounds to request a copy of the agreement with signature. If they don't send it after that then they don't have it on file and the debt is unenforcable

captainhaggis

unhappy_with_ecar wrote: »

I've had success in the past in doing this. One problem when requesting true copies of agreements is that banks will state that a true copy doesn't require the signature strip under the CCA. Usually this means they don't have a copy of the agreement on file. As you've put in your letter, the Consumer Protection from Unfair Trading Regulations is a good act to use and gives you good grounds to request a copy of the agreement with signature. If they don't send it after that then they don't have it on file and the debt is unenforcable

Hey there, who was this reply to ?

never-in-doubt

gogetum wrote: »

Hi,

What other means are there with AK? Firmer?

Best

GGT

Send your letter again and reiterate that you will pursue legal action and report their conduct to the FOS unless they respond to the points raised in your letter. The more mistakes they make the better for you, long term so give them another chance to answer you by sending the same letter again....

Its a slow process - be patient but firm.

never-in-doubt

scarednshakin wrote: »

Hi N-I-D have received a letter from Clydesdale Bank, this is the 'final response'. Can you advise what to do next?

They have sent out a copy of the application form, copy of old t&c with no name, address, limit or rate of interest on it and also a copy of the up-to-date t&c. Thanks SNS

Ok so they have not complied with your request - just remind me, what have you sent to date? Just the CCA Request or also the s.10/dispute letter? Have they already defaulted you?

never-in-doubt

captainhaggis wrote: »

Therefore, would it be OK to send something along the lines of :


So essentially I've removed the mention of defaults, removed the absoluteness of my ceasing payments and also removed the threat of reporting the OC to authorities.

Wotcha think?

You could send it - thats fine mate. But ultimately unless you plan on paying them you're just wasting time - either go the whole-hog or stop and wait until you know what is going on at work etc....

If you already have 'any' defaults then what is a few more going to make? Lets assume you carry on paying for 5 years - the late payment marker (Arrangement to Pay) will stay for a further 6years on top of this so isn't it best, assuming your credit file is already dead, to just default across the board and have one 6 years wait period?

Yea, unethical but sod ethics - they don't provide a meal for the family

never-in-doubt

unhappy_with_ecar wrote: »

I've had success in the past in doing this. One problem when requesting true copies of agreements is that banks will state that a true copy doesn't require the signature strip under the CCA. Usually this means they don't have a copy of the agreement on file. As you've put in your letter, the Consumer Protection from Unfair Trading Regulations is a good act to use and gives you good grounds to request a copy of the agreement with signature. If they don't send it after that then they don't have it on file and the debt is unenforcable

Where did you learn this from? Just for clarity it's actually utter nonsense!

All lenders have the right to send an unsigned CCA but then you either SAR them or proceed along the lines of CPR31.16 (Disclosure demand). The debt is not unenforceable just cos they do not send a signed agreement - they are allowed to send a 'true copy' which in summary means they can construct the same CCA as was issued (until you demand to see the original by way of SAR/CPR31.16).....

You never assume they do not have a copy on file - worse thing to do (and cocky) - always follow process and SAR them (if they then don't send one and later provide it at court then you can get them for breach of DPA by not sending everything they hold about you, at the time you requested a SAR) or you take the direct CPR31.16 approach and demand disclosure. If they then fail to respond/supply it you can enforce the demand unto judgement in which case the debt will be made unenforceable.

scarednshakin

Hi NID, sent CCA request on 5 June, they issued default on 10 June and I sent S10 in August. They kept sending holding letters saying they were looking into it, then got this response. Ta

captainhaggis

never-in-doubt wrote: »

You could send it - thats fine mate. But ultimately unless you plan on paying them you're just wasting time - either go the whole-hog or stop and wait until you know what is going on at work etc....

If you already have 'any' defaults then what is a few more going to make? Lets assume you carry on paying for 5 years - the late payment marker (Arrangement to Pay) will stay for a further 6years on top of this so isn't it best, assuming your credit file is already dead, to just default across the board and have one 6 years wait period?

Yea, unethical but sod ethics - they don't provide a meal for the family

You're absolutely right mate. My credit's already shot but what I'm thinking is that, if I cancel the payments to these people and they (some of them) come back with fully enforceable agreements but I've, by this point, missed a few of my payments because they took an age to send me my CCA, they might be less willing to re-negotiate reduced payments.

And if the agreements ARE enforceable, I want to pay them (of course) so I don't want to burn my bridges.

And LOL @ "sod ethics" :rotfl:

never-in-doubt

scarednshakin wrote: »

Hi NID, sent CCA request on 5 June, they issued default on 10 June and I sent S10 in August. They kept sending holding letters saying they were looking into it, then got this response. Ta

Come again?????, a DCA defaulted you after you sent them a CCA request - I hope they did, please tell me they did lol? Confirm - you got a delivered date from royal mail right? i.e. please tell me that they signed for it before 10th June...?

Do you mean they actually defaulted you or issued a default notice (14 day of intended action).... ps. who defaulted you and who did you CCA?

never-in-doubt

captainhaggis wrote: »

You're absolutely right mate. My credit's already shot but what I'm thinking is that, if I cancel the payments to these people and they (some of them) come back with fully enforceable agreements but I've, by this point, missed a few of my payments because they took an age to send me my CCA, they might be less willing to re-negotiate reduced payments.

And if the agreements ARE enforceable, I want to pay them (of course) so I don't want to burn my bridges.

And LOL @ "sod ethics" :rotfl:

Mate, even if the debt is enforceable - so what! They have no power to take things from you - therefore what i'm saying is if they write/knock at your door etc then there is a law protecting you and I have all the letters ready to send lol

I'm implying that if you pay even a small amount you'll have this showing on your credit report as an arrangement to pay (i.e. derogatory) from the last payment date PLUS an extra 6 years! So you could be knacked for years to come if it takes you a few years to clear the debt with reduced payments - see what i'm saying yet?

Personally, i'd be ignoring them - all of them. Any threats, you simply go here and send the relevant letter to them and they go away! The law is clear - they have no powers whatsoever! Dealing with Bailiffs Harassment