Unenforceability & Template Letters

scott9c

Hi there,

i am also attempting to claim unenforceability with LLOyds TSB. Just wondering how you managed to get them to deem it unenforceable?? How many letters did you need to send etc to get to that position. I am attempting the same on a 5k Credit Card that was 1st issued 1994!!

captainhaggis wrote: »

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.

terimon

Cheers N-I-D. Ill get those three letters sent off tomorrow. See what they say before taking any other action

Thank you :j

terimon

Sorry NID

What goes at the top

ref :12345678 ?

Which ref number?

thanks again

geordie2k9

Good Evening All,

Sorry if this is in the wrong place but I'm in desperate need of some advice and help with a problem I have just come accross with CashNETUSA T/A Quick Quid.

Bit of background info first..way back in Feb I stupidly took out a Payday Loan with QQ, and duly paid it off in full in March, but found that I was struggling a bit, so stupidly get it back.

I did this for for a further 4 months, then in July I got made redundant and couldn't make the August payment...I got in touch with them straight away and they set up a payment plan for me which I stuck to paying the final amount which cleared the account a month later in September.

Today I have checked my CallCredit file and have found that they have marked Augusts payment as missed, which is fair enough..but then when i've made the last payment on the 15th September they have slapped a default notice on me, and another in October.

I have had no notice from them what so ever that they were going to do this or that they had, is there anyway I can get them to remove the default and get it changed to a settled account?

I have been in bits today becasue I have been keeping my files in good order and this is the only default/missed payment on all 3 of my reports, and I was told by my bank today ( LLoyds TSB) that they are now using Call Credit for searches and i was hoping to get a loan next year for a new car now im back in work.

Ive attached the entry on my file so it makes more sense, any help or advice on what I can do would be greatly appreciated as this has got me so angry and upset that my file is knacked for the next 6 years for one missed payment.

Thanks In Advance for any help.

img32.imageshack.us/img32/5701/crfx.jpg

never-in-doubt

scott9c wrote: »

Hi there,

i am also attempting to claim unenforceability with LLOyds TSB. Just wondering how you managed to get them to deem it unenforceable?? How many letters did you need to send etc to get to that position. I am attempting the same on a 5k Credit Card that was 1st issued 1994!!

By sending the letters from page 1 of this thread

never-in-doubt

terimon wrote: »

Sorry NID

What goes at the top

ref :12345678 ?

Which ref number?

thanks again

The account number lol :rotfl:

never-in-doubt

geordie2k9 wrote: »

Good Evening All,

Today I have checked my CallCredit file and have found that they have marked Augusts payment as missed, which is fair enough..but then when i've made the last payment on the 15th September they have slapped a default notice on me, and another in October.

I have had no notice from them what so ever that they were going to do this or that they had, is there anyway I can get them to remove the default and get it changed to a settled account?

I have been in bits today becasue I have been keeping my files in good order and this is the only default/missed payment on all 3 of my reports, and I was told by my bank today ( LLoyds TSB) that they are now using Call Credit for searches and i was hoping to get a loan next year for a new car now im back in work.

Ive attached the entry on my file so it makes more sense, any help or advice on what I can do would be greatly appreciated as this has got me so angry and upset that my file is knacked for the next 6 years for one missed payment.

Thanks In Advance for any help.

Just write to the payday loan company and tell them to remove the default as the account never was defaulted - make it clear that you had agreed to a repayment plan and that you were ever only 1 month behind which was brought into credit prior to the default. See what they say, if they get clever we'll sort them a more serious letter

Don't worry, and don't get personal/nasty - you're trying to be nice and explain their error - if they mess you about then i'll sort you a good letter to send them.... they will then remove the defaults - don't worry.

geordie2k9

never-in-doubt wrote: »

Just write to the payday loan company and tell them to remove the default as the account never was defaulted - make it clear that you had agreed to a repayment plan and that you were ever only 1 month behind which was brought into credit prior to the default. See what they say, if they get clever we'll sort them a more serious letter

Don't worry, and don't get personal/nasty - you're trying to be nice and explain their error - if they mess you about then i'll sort you a good letter to send them.... they will then remove the defaults - don't worry.

Thank you so much N-I-D, your a star:j, i'll get the letter written today and wait and see what comes back.

Thanks Again.:j

leemuddywaters

Hi, I am sending a proof of default letter on a debt currently with the DCA, was originally with Egg. Do I send this to the DCA or Egg? Also what payment do I include with the letter?

Thanks in advance

never-in-doubt

leemuddywaters wrote: »

Hi, I am sending a proof of default letter on a debt currently with the DCA, was originally with Egg. Do I send this to the DCA or Egg? Also what payment do I include with the letter?

Thanks in advance

Send to the debt owner i.e. the DCA. Send £1 payable to the DCA...