Unenforceability & Template Letters II

captainhaggis

never-in-doubt wrote: »

LOL, thats beat me mate

What is your educated opinion about what the recent court rulings mean to us? :beer:

never-in-doubt

captainhaggis wrote: »

What is your educated opinion about what the recent court rulings mean to us? :beer:

I told you mate, it means or changes nothing lol - business as usual (as things stand right now)

abby1234519

never-in-doubt wrote: »

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.

I'll explain the situation.

I've got roughly 6.5k of debt and I am at uni, so am going to try to pay a small amount each month. Now I did accumulate this debt, it is my responsiblity. However due to the stress it puts on me (I'm Bipolar and it causes me problems ), I have been advised to do a DRO. I don't want to do this at the moment though.

I owe Littlewoods abut 1.3k I didn't EVER sign a credit agreement, I also owe VivaLaDiva about £150 and I recieveds the goods without signing an agreement,although both of these accounts were set up online. I do feel cheeky because as I said, I did accumulate the debt so I should pay it back but at the same time if I didn't do it I probably would take up a DRO by the end of next year.
So what should I do? I don't understand the CCA thing thoroughly, is it literally if they do not have my signature then it isn't valid??

never-in-doubt

abby1234519 wrote: »

I'll explain the situation.

I've got roughly 6.5k of debt and I am at uni, so am going to try to pay a small amount each month. Now I did accumulate this debt, it is my responsiblity. However due to the stress it puts on me (I'm Bipolar and it causes me problems ), I have been advised to do a DRO. I don't want to do this at the moment though.

I owe Littlewoods abut 1.3k I didn't EVER sign a credit agreement, I also owe VivaLaDiva about £150 and I recieveds the goods without signing an agreement,although both of these accounts were set up online. I do feel cheeky because as I said, I did accumulate the debt so I should pay it back but at the same time if I didn't do it I probably would take up a DRO by the end of next year.
So what should I do? I don't understand the CCA thing thoroughly, is it literally if they do not have my signature then it isn't valid??

Littlewoods will be unenforceable, they mostly are (as are most catalogues). I cannot suggest whether you pay or not, only you can make such a call. However if you stop paying they will then sell the debt to a DCA who will issue a default, thats about the lot.

Not more more they could/will/can do. Regardless of the recent ruling.

Make sense? Basically, just send the CCA and see what happens - for £1, no harm really.

never-in-doubt

captainhaggis wrote: »

NID, I will delete this upon your request.... :rotfl:

:rotfl: :rotfl: :rotfl: :rotfl:

Gareth19

Hello all. I'm new on here and I can't believe how fantastic this information on here is! Great stuff. I am wondering if anyone has any advice on my problem. It's a little involved but here's the top and bottom of it. I bought a car from Carcraft in 2000 which was financed through OnLine Finance. After a year or so I realised that I had taken on too much and could not afford the payments. After reading my agreement I voluntarily terminated the agreement. They took back the car and auctioned it. Now the wording of the agreement says "Termination - Your rights. You may end this agreement and should write to the person who receives your payments. We will then be entitled to the return of the goods and to half the total amount payable under this agreement which is £7367.80. If you have already paid this amount you will not have to pay any more". At the time I terminated the agreement I had paid around £5,800. So I assumed by the wording of the agreement I would be liable for the £1500 difference. OnLine Finace sold off the debt to Shoosmiths who maintain the wording is correct. But it makes no mention that the £7367.80 is due at the time of termination and nobody ever mentioned it to me. Now Shoosmiths are trying to say I did not voluntarily terminate because I did not pay the money when the car was returned which brings me back to the point of where exactly does it mention that I must pay it when the car is returned. It just leads you to believe you can hand the car back and be liable for only half the total amount payable minus whatever you have already paid. Am I missing something here or can anyone else see where I'm coming from? Any advice would be gratefully received!

abby1234519

never-in-doubt wrote: »

Littlewoods will be unenforceable, they mostly are (as are most catalogues). I cannot suggest whether you pay or not, only you can make such a call. However if you stop paying they will then sell the debt to a DCA who will issue a default, thats about the lot.

Not more more they could/will/can do. Regardless of the recent ruling.

Make sense? Basically, just send the CCA and see what happens - for £1, no harm really.

My MAIN worry is if they cannot prove the debt will I end up with a default? I really don't want one!!!!

captainhaggis wrote: »

I see the unenforceability thing as a way of buying time. Hassle from the creditors is a nightmare, as are their constant requests to 'increase your offer amount'. I want that stopped and, to a large extent, I see UE as a means of doing that.

To be honest, I could consider following this path and seeing what happens at the end. I feel guilty though

pepe2008

Quote:
Originally Posted by pepe2008
This question may have been answered before.

If Mercers Debt Collections Limited are listed as a Non-Trading Company at Companies House....should they be contacting people asking them for money?

Nope ( Never in Doubt )


Cheers NiD, didn't think so! Be interested to hear their excuse then, because I could possibly forgive them acting as a Contact for Barclaycard....but wanting payments made to them is a different matter!
They are using Letterheaded paper with their Co Reg Number.


edit; Happy New Year btw! Never whisper when you should be shouting!

never-in-doubt

:beer::beer: Happy New Year Everyone :beer::beer:

LizzieS_2

NIDs home away from DT.

Happy New Year All.