Unenforceability & Template Letters II

bankkiller

never-in-doubt wrote: »

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.

hi
when i get the next response from the bank or dca or whoever next!
Do you think its worth me giving an offer of a low amount to pay this off and then close the account?

Obviously, it will be a while before they attempt to sell off the the DCA, so I am thinking of offering something very low and putting strict terms that they do not issue any default or anything like that on agreement of one final payment.

thanks for your help, i will wait and see what the banks response is.

abby1234519

I think its time for me to go pay for my credit file to sort it all out and send CCAs to the appropriate people

never-in-doubt

abby1234519 wrote: »

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

You'll get a default if you cease payments, but if you delay things and struggle to pay then you may get one anyway so you have to figure out what is best for you - long term. i.e. if you can struggle by for a year then cease paying you'll have wasted a year of the statute barred countdown.

So, although a default seems bad - in some cases it is better than paying £hundreds a month forever - the default will have an adverse effect for maybe 2-3 years afterwhich you will be ok to get basic credit things (sub-prime) and after 6 years it will be gone forever.

Its entirely your choice what path you follow.

never-in-doubt

Gareth19 wrote: »

Am I missing something here or can anyone else see where I'm coming from? Any advice would be gratefully received!

Gareth,

click here and start a new thread so you get more responses: Debt-Free Wannabe

never-in-doubt

bankkiller wrote: »

hi
when i get the next response from the bank or dca or whoever next!
Do you think its worth me giving an offer of a low amount to pay this off and then close the account?

Obviously, it will be a while before they attempt to sell off the the DCA, so I am thinking of offering something very low and putting strict terms that they do not issue any default or anything like that on agreement of one final payment.

thanks for your help, i will wait and see what the banks response is.

Any offer you make affects statute barred (i.e. acknowledgement of the debt)........ bear that in mind

But if you have money to make an offer, i'd do it before your credit file is trashed - yea you may have late payments etc but if you can afford it then why not make an offer? However, the lender will decline so you do need to wait til its in arrears and they sell it at which point your credit file is semi-trashed with the late payment markers.

Its a catch 22 - only you know what is best in your situation

never-in-doubt

abby1234519 wrote: »

I think its time for me to go pay for my credit file to sort it all out and send CCAs to the appropriate people

Good idea - get your Experian and Equifax, Call Credit is not that important right now.

125toffee

Hi N-I D,

Thank you so much for all your help and advice on this thread.

I am in the process of writing to my creditors asking for CCA's. I have a DMP in place with the CCCS, and I am very worried that by requesting my CCA's, my creditors may no longer accept my DMP, and ask me for much larger repayments.

Any advice is very gratefully recieved

never-in-doubt

125toffee wrote: »

Hi N-I D,

Thank you so much for all your help and advice on this thread.

I am in the process of writing to my creditors asking for CCA's. I have a DMP in place with the CCCS, and I am very worried that by requesting my CCA's, my creditors may no longer accept my DMP, and ask me for much larger repayments.

Any advice is very gratefully recieved

As part of CCA, if the lender fails to comply then you should cease repayments until such time they do reply. This will, inevitably, have an effect on any DMP and frozen interest etc you have agreed.

It is therefore up to you to decide whether you can cope with the stress - usually they will not send a compliant CCA so expect to cease repayments - its very unlikely they will send a lawful copy at first request.

Sorry about PM, I deleted it by mistake and couldn't remember your username until you posted here.

HotLegs

Hi Nid I sent off the CCA request to RBS and they received the letter on 11th December. I sent it to MK76 1HQ and they didn't reply, have I sent it to the correct address? Why are they not replying and should I move onto step 2? MTIA :cool:

never-in-doubt

HotLegs wrote: »

Hi Nid I sent off the CCA request to RBS and they received the letter on 11th December. I sent it to MK76 1HQ and they didn't reply, have I sent it to the correct address? Why are they not replying and should I move onto step 2? MTIA :cool:

Hiya

Give them another week, what with X-Mas delays etc then send letter 2.