Unenforceability & Template Letters II

never-in-doubt

putty71 wrote: »

Hi Never

Not that easy to chill when I get another letter from DCA, Newmans today.

I sent a letter to them via email on tues night and posted recorded delivery yesterday telling them for second time account is in dispute with amex and the usual they cannot pursue whilst in dispute and also they have never provided proof that the debt has been passed to them.
If you remember from my previous post they gave options of what they could do and they have now sent a letter today dated 29/12 so they wont have recived mine by their date, advising that they will recommned to their solicitor that they make a statutory demand against me for bankruptcy.

This has me worried despite what you have said. Can they do this?

Any other help please.

I will also post on bankruptcy forum.

Thanks

You do not need to do anything - for the last time YOU WANT THEM TO TRY AND TAKE YOU TO COURT! (sorry but i've told you this several times now and if you choose not to listen I cannot help can I)...

So, assume this:

1. Court Papers received
2. You defend for strike out due to being in dispute
3. Strike out agreed by court
4. lender stuffed

That is what will happen.

You have ample proof that you've tried to communicate - if they choose to ignore you so what, that is their mistake not yours! Keep all paperwork now and ignore their threats - you've sent reminders yea? Well thats you covered isn't it?

The law is the law - I can threaten you with bankruptcy right now - do you believe me? Please think about this, they can't just make you bankrupt without you knowing!

Now chill out!

never-in-doubt

abby1234519 wrote: »

I sent a CCA request and I recieved a letter that said they didn't have have to provide one with my signature? Whats that all about!!

Read this thread! They don't!

Does it contain the prescribed terms (page 1)..... if not then send letter 3, if so then sorry but nothing you can do.

never-in-doubt

AndyLGR wrote: »

NID - Also if the account was defaulted by the creditor and then passed to a dca would your credit record still remain the same? Can the debt ultimately be we written off and credit records amended accordingly or will the debt sit there and just be unenforcable?

answer is here: #1117

Credit record will show default for 6 years - this is allowed.

bankkiller

never-in-doubt wrote: »

You do not need to do anything - for the last time YOU WANT THEM TO TRY AND TAKE YOU TO COURT! (sorry but i've told you this several times now and if you choose not to listen I cannot help can I)...

So, assume this:

1. Court Papers received
2. You defend for strike out due to being in dispute
3. Strike out agreed by court
4. lender stuffed

That is what will happen.

You have ample proof that you've tried to communicate - if they choose to ignore you so what, that is their mistake not yours! Keep all paperwork now and ignore their threats - you've sent reminders yea? Well thats you covered isn't it?

The law is the law - I can threaten you with bankruptcy right now - do you believe me? Please think about this, they can't just make you bankrupt without you knowing!

Now chill out!

hi
you know when you say "You defend for strike out due to being in dispute".
what do you have to say for your defence and is there some sort of template for this should the situation arise?
thanks

is it simply that because they, the bank or dca have failed to provide the correct CCA with the prescribed terms, that their cour claim is therefore invalid and we ask the judge to strike it out?

fermi

On the Credit Cards board.

---

> Banks win partial High Court victory on credit cards

never-in-doubt

bankkiller wrote: »

hi
you know when you say "You defend for strike out due to being in dispute".
what do you have to say for your defence and is there some sort of template for this should the situation arise?
thanks

is it simply that because they, the bank or dca have failed to provide the correct CCA with the prescribed terms, that their cour claim is therefore invalid and we ask the judge to strike it out?

Yes there is guidance etc - you will get help as and when it is required i'd assume, I do not deal with that part but Fermi etc will point you in the right direction.

bankkiller

never-in-doubt wrote: »

Yes there is guidance etc - you will get help as and when it is required i'd assume, I do not deal with that part but Fermi etc will point you in the right direction.

ok thanks
so basically, as i've now stopped paying, its just basically wait and see until they respond!

never-in-doubt

bankkiller wrote: »

ok thanks
so basically, as i've now stopped paying, its just basically wait and see until they respond!

Yea, you stopped paying as they never sent you a compliant CCA right? Therefore, same rules apply as before.

The debt remains unenforceable until such time the lender provides a compliant version of your CCA.

captainhaggis

never-in-doubt wrote: »

Glad you can figure the process out easily enoufh - some can't!

Time of the month, mate?! :rotfl:

never-in-doubt

captainhaggis wrote: »

Time of the month, mate?! :rotfl:

LOL, thats beat me mate