Unenforceability & Template Letters II

never-in-doubt

themaestro wrote: »

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.

Why oh Why did you go and start paying lol :rolleyes::D

Was the debt 6 years old before they issued a ccj or was it less than 6 years? If over then the CCJ would be set aside as it would be statute barred, if less than 6 years then it will never become statute barred.

But otherwise, yea sent the 1st letter off (CCA Request) :D This means do it to the CCJ account as well but carry on paying for this account until they return the agreement.

CeeBeeDeeBee

Hi NID, do you remember I CCA'd Barclays about a personal loan and they replied that there was no money owed.

I have checked my letter to them and the account numbers are correct - could their reply be because they have terminated the account and sent it to their recovery dept? - Surely they should have sent me the CCA anyway?

I'm a bit confused as they clearly are after the money yet they are saying that no money is owed (on their letter though there was no account details) - should I send letter 2 to make sure?

Thanks

never-in-doubt

CeeBeeDeeBee wrote: »

Hi NID, do you remember I CCA'd Barclays about a personal loan and they replied that there was no money owed.

I have checked my letter to them and the account numbers are correct - could their reply be because they have terminated the account and sent it to their recovery dept? - Surely they should have sent me the CCA anyway?

I'm a bit confused as they clearly are after the money yet they are saying that no money is owed (on their letter though there was no account details) - should I send letter 2 to make sure?

Thanks

Nope just sit tight with the letter - use that as proof. If a DCA writes to you then we'll deal with it as and when, but chances are yes - they have sold the debt so your debt is no longer with Barclays....:D:D

CeeBeeDeeBee

OK cheers NID, another thing Barclays did was close all my accounts and lump them all in together, even though some were personal and some business and under seperate agreements - can they do that? Only one (of the four) was in arrears yet they closed them all.

DeBilde

Thanks NID,

I will hold fire then, I thought I had to send letter 2 to the ones who did not reply giving them another 30 days, I am guessing not.

I also thought I had to send letter 3 to Barclays for the TC's sent?

I also have a loan through Barclays taken out in Sept 06 should I CCA this as well? I read somewhere that it is more difficult to get the debt uneforceable?

I also have a Hire Purchase and another loan taken out pose April 07 should I contact them individually with a payment arrangment plan then and just ignore the other pre April 07 ones?

Cheers

themaestro

never-in-doubt wrote: »

Why oh Why did you go and start paying lol :rolleyes::D

Was the debt 6 years old before they issued a ccj or was it less than 6 years? If over then the CCJ would be set aside as it would be statute barred, if less than 6 years then it will never become statute barred.

But otherwise, yea sent the 1st letter off (CCA Request) :D This means do it to the CCJ account as well but carry on paying for this account until they return the agreement.

Lol, i started paying because i felt threatened and just wanted the harassment to stop, a good and bad move i guess.

The CCJ was issued after 3 years and i've no problem paying this one, it's the others i simply can't afford without living like a tramp. Also, can i do this on bank accounts i have with overdrafts or is it just loans, credit cards, hire purchase and store cards?

Many thanks for the quick response NID

never-in-doubt

CeeBeeDeeBee wrote: »

OK cheers NID, another thing Barclays did was close all my accounts and lump them all in together, even though some were personal and some business and under seperate agreements - can they do that? Only one (of the four) was in arrears yet they closed them all.

Hiya

Yes they can - ultimately you broke the agreements so now they are classifying you as having one total debt - you no longer have specific accounts, as such.

You can still find out the balance of each account though - they cannot group the actual accounts, but they can group the debt together.

Don't worry about this too much - they still have to send a CCA for each account.

never-in-doubt

DeBilde wrote: »

Thanks NID,

I will hold fire then, I thought I had to send letter 2 to the ones who did not reply giving them another 30 days, I am guessing not.

I also thought I had to send letter 3 to Barclays for the TC's sent?

I also have a loan through Barclays taken out in Sept 06 should I CCA this as well? I read somewhere that it is more difficult to get the debt uneforceable?

I also have a Hire Purchase and another loan taken out pose April 07 should I contact them individually with a payment arrangment plan then and just ignore the other pre April 07 ones?

Cheers

Hiya

Sorry was late last night, yea send the appropriate letter as per page 1 mate...... Glad you can figure the process out easily enoufh - some can't!

So its letter 2 if they have not replied and letter 3 if they send Ts&Cs....

Regards to the loan, send a CCA - no harm in doing it, see what they send you back? The loan prescribed terms are also on page 1.

Regards to the HP account, yea just deal direct and come to some sort of arrangement after all these have been sorted. The last thing you want to do is agree to a large repayment that you cannot sustain, i.e. if another debt is enforceable then you'll have to pay some toward that....

DeBilde

Thanks for the info NID will do.

I have read alot about the findings in the Manchester cases on here and CAG, I am struggling to get my head around it as one person is saying one thing and another is saying something else.

As I could see it the Creditor and reconstruct your agreement to satisfy the CCA request but to take it to court they have to have the original signed agreement or prove beyond reasonable doubt that you would have signed the agreement or they would not have lent the money.

Sounds like you have to get lucky with the judge!!

never-in-doubt

DeBilde wrote: »

Thanks for the info NID will do.

I have read alot about the findings in the Manchester cases on here and CAG, I am struggling to get my head around it as one person is saying one thing and another is saying something else.

As I could see it the Creditor and reconstruct your agreement to satisfy the CCA request but to take it to court they have to have the original signed agreement or prove beyond reasonable doubt that you would have signed the agreement or they would not have lent the money.

Sounds like you have to get lucky with the judge!!

Hiya

The info on CAG is not really accurate right now cos you seem to have 2 people trying to argue supremacy and therefore they are missing the simple fact that nothing, really, has changed!

I explained it in laymans terms here: #1064

Simplified as:

The judgement, in my opinion simply means the lender still have to provide an original CCA in court but if they can prove "beyond reasonable doubt" that an agreement had to be signed before credit was granted, the judge may award in their favour. :mad: