Unenforceability & Template Letters

scarednshakin

Okay, you want the good news, they signed for the CCA request on the 9 June (for once did something right and sent it recorded). Default was dated 10 June, shows how much attention I paid to all the letters coming in at that time :rolleyes:

captainhaggis

never-in-doubt wrote: »

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

But am I right in thinking that if the debt is NOT enforceable, they cannot go down the route of bailiffs etc because it's illegal given that there isn't a valid CCA in place, whereas if the CCA is enforceable and in place they can chase and chase me for 6 years?

Forgive my continued dunceness but why doesn't everyone (I guess to protect their credit if they ain't got black marks already) just go underground for six/five years?

never-in-doubt wrote: »

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?

NID gets as excited about a DCA who has cocked up as most guys get about strip clubs!

never-in-doubt

scarednshakin wrote: »

Okay, you want the good news, they signed for the CCA request on the 9 June (for once did something right and sent it recorded). Default was dated 10 June, shows how much attention I paid to all the letters coming in at that time :rolleyes:

Bloomin marvellous! That default will be coming straight back off again then - muppets! The account is in dispute, thus s.10 DPA(1998) comes into play - see below...

Section 10 DPA:

A creditor is not permitted to take ANY action against an account whilst it remains in dispute.

* 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.

So just send a letter back to them confirming they have no right to add a default because - and put the text above in. Tell them to remove it immediately prior to you seeking damages under Libel, due to the derogatory incorrect data registered with the credit reference agencies.

Was there already a default or is this the first one for this account?

They have messed up, quite simply

scarednshakin

I am so pleased I have made you happy :jNo this is the first default they have put on the account. I will get a letter drafted up and send it out, will let you know what the response is. You have made my day :T

never-in-doubt

captainhaggis wrote: »

But am I right in thinking that if the debt is NOT enforceable, they cannot go down the route of bailiffs etc because it's illegal given that there isn't a valid CCA in place, whereas if the CCA is enforceable and in place they can chase and chase me for 6 years?

Yes mate, you're thinking right. If unenforceable some still do chase it until you remind them to cease, however legally they'd never get a CCJ awarded. But if you just went underground - its gone after 6 years

captainhaggis wrote: »

Forgive my continued dunceness but why doesn't everyone (I guess to protect their credit if they ain't got black marks already) just go underground for six/five years?

Morals, doing the right thing etc etc - but like I say, if your credit file is already dead then why not?

captainhaggis wrote: »

NID gets as excited about a DCA who has cocked up as most guys get about strip clubs!

LOL - almost (I do like my strip clubs lol) :rotfl::rotfl:

never-in-doubt

scarednshakin wrote: »

I am so pleased I have made you happy :jNo this is the first default they have put on the account. I will get a letter drafted up and send it out, will let you know what the response is. You have made my day :T

Ok, shame it's the first default cos if it was a replacement (second one) then it'd be gone forever :mad: However, just send them a firm but polite letter telling them you sent in a lawful CCA request under s.78 of CCA(1974) dated 5th June, which was signed for on 9th June but a default was noted on your credit file on 10th June and you dispute this and request immediate removal because;

In line with s.10 DPA(1998) you are not permitted to take any action against an account whilst the account is in dispute. The fact I issued a lawful CCA Request, in line with s.88 of the CCA(1974) was clear proof that I believe the account to be in dispute, whether spelt out for you or not.

I expect the default to be removed within the next 7 days prior to my formally complaining about your clear breaches to both the ICO and FOS. I will also consider a claim for damages for your libellous comments (default) that is registered with the third party data processors which are the credit reference agencies.

You have 7 days in which to fully comply with my CCA request from June 5th or removal of the default. For the record I must make you aware of s.87(1) of the CCA(1974) regards to the issuance of defaults;

Section 87(1) of the 1974 Act allows the creditor to send a default notice giving fourteen days from the date received to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes

• a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
• a description of the agreement
• the name and address of both the debtor and the creditor
• details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;

As is clearly evident from all previous communication between us regards to this default, I never received any such notice and as a result I contest the accuracy of the default and until such time you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency (CRA).

That should do it matey - or at the very least make them sit up and realise you're no pushover lol :beer:

gogetum

never-in-doubt wrote: »

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.

Cheers, Have already started with the FOS!!! Spoke to them this afternoon...Compiling as i type!!

See what happens from here in then!?!

Wispa1

Hi, please can you clarify a couple of points for me as I am still trying to fully understand where I stand on this. A friend of mine has said you can only dispute agreements of £2500 which have at least 9 months to run. Is this correct or can you dispute agreements with balances of of say £200?

Also on the "repayments prescribed term" relating to a credit card/store card , is this where they need to provide you with an example of how much it would cost to repay a certain amount of debt - eg it normally says something on the lines of "if you borrow £x at a rate of £x your repayable amount is £x." If this is missing, does it make in unenforceable?

Thanks in advance & I hope it makes sense

RoyalBlues

Hi N-I-D,

I just need clarification regarding the chronology of the letters......

I sent the CCA request letter (gave them 12+2 days plus more), no reply

I sent the CCA request reminder letter (have given them the 30 days plus more), no reply

Question is...............................

Do I now send the next letter now (Section 10 default letter, number 6 on the list I think) or do I wait until they contact me. (I have missed a payment but haven't had a statement/phone call or letter yet).

Cheers, RB

never-in-doubt

Wispa1 wrote: »

Hi, please can you clarify a couple of points for me as I am still trying to fully understand where I stand on this. A friend of mine has said you can only dispute agreements of £2500 which have at least 9 months to run. Is this correct or can you dispute agreements with balances of of say £200?

Its nonsense..... trust what you read here - not what your friend suggests Can be £1 or £20 grand! Doesn't matter - same rules apply.

Wispa1 wrote: »

Also on the "repayments prescribed term" relating to a credit card/store card , is this where they need to provide you with an example of how much it would cost to repay a certain amount of debt - eg it normally says something on the lines of "if you borrow £x at a rate of £x your repayable amount is £x." If this is missing, does it make in unenforceable? Thanks in advance & I hope it makes sense

Yes they need to add the same info, it forms part of the prescribed terms and if it is missing then you claim unenforceability.