Unenforceability & Template Letters II

bankkiller

never-in-doubt wrote: »

Why would you want to take action in the first place? (you can initiate proceedings if you wanted to)..... the normal process would be;

1. you CCA them

2. they do not reply

3. you cease paying

4. they issue a CCJ

5. you defend this in court.

There wouldn't be a reason for you to initiate unenforceability, if they dont supply an agreement then it is unenforceable until such time they do - a court does not need to decide this, it is written into the CCA1974.

Stop worrying, wait and see what transpires before thinking too far ahead!

What happens then in a case like mine?
I followed all the steps, CCA'd Lloyds, they sent me a CCA which doesn't have the prescribed terms, I replied to them using the template telling them it was missing the terms.
They then sent me a final response letter saying that in their opinion the agreement is enforceable and that I should continue paying.






I am still paying them by standing order monthly.
If I stopped paying them now, would they then start court action against me?

I can't afford to pay them anymore.

never-in-doubt

Why did you start paying? Did you read any of the advice stated on here? If the prescribed terms are not intact you cease repayments!

Of course Lloyds will tell you to pay - what do you expect?

Cancel the payments and write again telling them you look forward to seeing them in court, after blatantly ignoring your lawful request for a CCA. As described earlier, the judge will take no action whilst the debt is disputed and you will get any action set-aside.

Chill babe lol

bankkiller

never-in-doubt wrote: »

Why did you start paying? Did you read any of the advice stated on here? If the prescribed terms are not intact you cease repayments!

Of course Lloyds will tell you to pay - what do you expect?

Cancel the payments and write again telling them you look forward to seeing them in court, after blatantly ignoring your lawful request for a CCA. As described earlier, the judge will take no action whilst the debt is disputed and you will get any action set-aside.

Chill babe lol

Ok, so when I stop paying, how fast are these banks to sell of the amount to the DCA's?
or do they simply use the DCA to collect on their behalf?
I'll stop now.
which template should i use to send them
thanks

never-in-doubt

They use the dca's to collect or chase the debt. Just stop paying and tell them you want them to take you to court so you can get the debt made unenforceable by a judge - see their reaction to that! lol (joke, dont do that!)

They will take ages - at least a few weeks.....

bankkiller

ok thanks.
i have a friend who has a massive debt, about 10k!
they stopped paying their bank, and I think the bank is using the DCA to collect on their behalf, as the DCA letters they got say "due to natwest".
They said they haven't been defaulted yet by the bank.
And i think they've stopped paying for quite a while.

DeBilde

Hi Nid,

I have fired off the first CCA request and the 14 days that passed on the 14th December.

I had 2 replies from Barclays with a list of TC's from 1999 on one and a TC's from when it was a Morgan Stanley account. Neither have room for any signatures and just standard info about Credit Limits and APR's.

Home Retail, MBNA and another Barclays (Sky Card) have not got back to me.

What would you suggest next? Do I wait for the 7th of Jan judgement or shall proceed anyway?

I am struggling to make the minimum payments on these accounts, I am 1 month behind on them now. I was going to contact CCCS about a DMP or IVA but not sure how this would affect the CCA request?

Thanks

putty71

never-in-doubt wrote: »

They cannot provide an original though, if they could they would have (surely?)......

But in any case you defend it, using the principle that no CCA has been supplied. If they do happen to send one at a later date you simply make offer to repay the debt. Simples

Hi Never

I was more concerned to see if they could carry out any of their threats? I am sure I could reach an agreement to pay the debt off bit by bit, but the list they gave worries me. Are they able to do what they have said assuming that I don't reach an agreement?

themaestro

What a wonderful thread NID, people like you should get awards lol.

Right, in 2003, I was a young, stupid student who took whatever banks etc threw at me. I got a car on hire purchase, overdrafts, credit cards and a loan with HFC Bank. I payed what i could towards these for a long time, then coudn't pay so just ignored them for a couple of years. About 6 months ago, i was fed up of all the calls, letters etc from collection agencies and decided to send them all letters offering a monthly payment on a pro rata basis. I've payed them every month, until today, when i've stumbled on this thread...plus it is a struggle. The car i have a CCJ and am paying £20 per month on which i know i have to pay.....but the others? Do i stop paying and start from letter 1 requesting the CCA's in the hope that there's some errors that lead to unenforceability? Also, if it's with a DCA, i write to them requesting it and not the original lender, yes?

Thanks in advance.

never-in-doubt

DeBilde wrote: »

Hi Nid,

I have fired off the first CCA request and the 14 days that passed on the 14th December.

I had 2 replies from Barclays with a list of TC's from 1999 on one and a TC's from when it was a Morgan Stanley account. Neither have room for any signatures and just standard info about Credit Limits and APR's.

Home Retail, MBNA and another Barclays (Sky Card) have not got back to me.

What would you suggest next? Do I wait for the 7th of Jan judgement or shall proceed anyway?

I am struggling to make the minimum payments on these accounts, I am 1 month behind on them now. I was going to contact CCCS about a DMP or IVA but not sure how this would affect the CCA request?

Thanks

Hold fire cos if unenforceable then you dont have to repay. Just hold fire another week yea? :D

If you've missed a month then you may as well carry on ceasing repayments - you know they will probably default you though? If you're happy at that then obviously stop paying - but as you cannot afford to repay then I guess you'll get a default regardless - just a matter of time. Sooner is better than later really...

never-in-doubt

putty71 wrote: »

Hi Never

I was more concerned to see if they could carry out any of their threats? I am sure I could reach an agreement to pay the debt off bit by bit, but the list they gave worries me. Are they able to do what they have said assuming that I don't reach an agreement?

No they cannot do anything - just chill dude - they have not sent your CCA have they? Therefore they can do nothing cos you would defend any action using the basis that they have not sent the CCA i.e. get any judgement set-aside. :D