Unenforceability & Template Letters II

never-in-doubt

burton_trade_kitchens wrote: »

Hi Never in Doubt.
Firstly I hope you had a good xmas break and happy new year to you.:beer:
I have now sent 3 letters to each of my credit card providers and would appreciate some advice please if you have time.

1st
egg card - they sent me back my CCA and everything was in order.

2nd
Barclaycard - they sent me usuall rubbish, I replied with follow up letter, they sent me more rubbish telling me I had to pay and the matter was closed. I sent off a 3rd letter that you gave me saying that this was not acceptable and have not heard from them since.

3rd
Citi card
They have not replied to my request or follow up letter. However they were pestering for a payment over the phone and I told them when they send me a CCA as requested then I would make a payment etc.
They said the matter would be passed to their managment Department.

What do you advise that I do now. Do I need to send any other letters to these companies or have I already sent enough ?
Also are the Manchester test cases finished now, I have been reading all the posts and are a little confused as to what is happening with them and what the implications for us all will be.
Thanks for your help and time it is extremely appreciated by me and everone else on this forum.
All the best Stuart.:D:D:D

Hiya mate - thanks :p

I'd just sit tight right now, the onus is on the lender/dca to prove the debt exists with an agreement - you should just sit back and put your feet up (and not pay them)!

The court case changes nothing. Business as usual.

Keep us updated.

never-in-doubt

k4j wrote: »

Hello N-I-D,
Hope you had a good new year!!!

Hiya mate - happy new year to you too :D

Send Barclays this: 3. CCA Query

They will just send the same rubbish but, as pointed out in above post, it is for them to prove the debt is enforceable - not the other way around

Numpty_Monkey

never-in-doubt wrote: »

Sorry mate - missed that totally! Both of them! lol

Illegible terms is page 1 - letter 16 (first letter), like this:

You praat:mad::p:rotfl:
I nearly sent the wrong leter:p:p



See above - numpty is no longer confused and has seen the light :D
Numpty is always confused:o, but getting better:D


If it doesn't contain the Prescribed Terms (remember a loan is different to the credit card - have you checked page 1).... send this:
3. CCA Query
I did :A seems to contain everything



LOL, have I been naughty mate, in your opinion - if so i'll stop going in cos I can't afford to get PPR'd and leave you lot in the !!!!!! lol...? Think its best I stop going in there? It does get a tad controversial I guess......

The thread that got deleeted was getting that way:rolleyes:

PS i did agree with most of what you said :whistle:

Farmer_jones

Hello all

First of all thanks to NID and everyone else for the letters template & the process.

Secondly, I have sent off a CCA request to two DCA's who are chasing me.

The 1st DCA is Robinson Way (well, one of there Companies trading as Robinsons something or other) and relates to an Abbey Account. I requested the CCA from Abbey three years ago, and never received a reply. I then received a letter from Robinson's late November last year. I replied with a CCA request via Recorded delivery. Template as per NID's gospel.

I received a letter acknowledging the request. This was early December.Last week (New Years Eve) I received a pile of bank statements, from Robinsons, alledgedly from this Abbey account and relating to the account they are trying to collect on.

I take it I reply with the "You havn't sent the CCA as requested letter" to them ?

Secondly, I had been paying Lowell for a HSBC debt. (About half paid, and they kept offering me a final payment of about half what is left...I havn't got the money). As Lowell had given me such a hell of a time (hundreds of phone calls etc, right in the middle of a divorce, loosing my home etc etc) I decided on some revenge.(Well it was coming up to Christmas). So I did a CCA request to Lowells, via recorded delivery. Again early November. I havn't heard anything since from them. What should I do ? Nothing ?

( I get these two DCA's off my case and I have only a mortgage to pay, and that's going fine...no loans, no cards...so nearly there !)

Cheers

FJ,
Now with a new home & farm, but still skint !

chrisrzr

I have been following this thread for a few months and followed the standard advice provided by NID against five credit card companies.

Two CCAs look OK but the other three either did not respond (A&L) sent T&Cs (Barclaycard) or said they were trying to get it from the original lender (Lovells) who also said when they find it the full amount would be payable immediately - nice people

I sent 2nd letter to the last three and stopped paying - a little scared at what would happen next!!!

Last week i got a letter from Lovells saying original lender no longer have the CCA because it was so old and they would not be perusing me for the £7600 debt - I nearly fell off the chair!!!

So I wanted to say a big thank you to NID for the fantastic and consistent advice and to everyone who has posted

I also wanted to relay a success story to give people the courage to press on even though it seems a bit scary

Good luck all

PS on the subject of morality, banks have been using legality to enforce over £70 charge against struggling people for going 1p overdrawn despite this action being morally repulsive. They live by the sword I will enjoy seeing them die by the sword

never-in-doubt

Farmer_jones wrote: »

The 1st DCA is Robinson Way (well, one of there Companies trading as Robinsons something or other) and relates to an Abbey Account. I requested the CCA from Abbey three years ago, and never received a reply. I then received a letter from Robinson's late November last year. I replied with a CCA request via Recorded delivery. Template as per NID's gospel. I received a letter acknowledging the request. This was early December.Last week (New Years Eve) I received a pile of bank statements, from Robinsons, alledgedly from this Abbey account and relating to the account they are trying to collect on.

I take it I reply with the "You havn't sent the CCA as requested letter" to them ?

You should send the following: 3. CCA Query

Farmer_jones wrote: »

Secondly, I had been paying Lowell for a HSBC debt. (About half paid, and they kept offering me a final payment of about half what is left...I havn't got the money). As Lowell had given me such a hell of a time (hundreds of phone calls etc, right in the middle of a divorce, loosing my home etc etc) I decided on some revenge.(Well it was coming up to Christmas). So I did a CCA request to Lowells, via recorded delivery. Again early November. I havn't heard anything since from them. What should I do ? Nothing ?

Have you stopped paying? You need to stop paying really - but bear in mind the DCA's will default you (if not already done) and that will last 6 years.

never-in-doubt

chrisrzr wrote: »

Last week i got a letter from Lovells saying original lender no longer have the CCA because it was so old and they would not be perusing me for the £7600 debt - I nearly fell off the chair!!!

So I wanted to say a big thank you to NID for the fantastic and consistent advice and to everyone who has posted

Well done you :beer::beer: - so where is my commission cheque then :rotfl::rotfl:

Jonesy_21

Hi never-in-doubt,

I have been hovering and reading your threads for a while now, but have finally plucked up the courage to ask a few questions.

Please excuse me I am a bit of a "thicko". My situation is as follows: -

Back in 200X I got myself into some financial difficulty and had to enter into a payment plan with PayPlan, they took on 2 credit cards for me and a loan. I agreed to pay them a set amount of momney each month over a few years I think (Ican;t remember back that far!!) and continueds with this arangement until my debts were paid, obviously i had no dealing weith my creditors at this time, it was all done through PayPlan.

I have recently checked my credit file as my partner and I want to try to get a mortgage within the nect year and noticed that one of the credit cards have placed a default on the file, dated April 2007 and the other credit card and loan have "AR" arrangements to pay. I have been advised that these will prevent my from gaining credit for 6 years until the have "fallen off" the file. The long and short of my question is, can I try and overturn the default and arrangements to pay even though these debts we handed over to PayPlan.

Sorry it has been so long winded. I appreciate your help..... and patience.

Regards

Kelly

never-in-doubt

Jonesy_21 wrote: »

Hi never-in-doubt,

I have been hovering and reading your threads for a while now, but have finally plucked up the courage to ask a few questions.

Please excuse me I am a bit of a "thicko". My situation is as follows: -

Back in 200X I got myself into some financial difficulty and had to enter into a payment plan with PayPlan, they took on 2 credit cards for me and a loan. I agreed to pay them a set amount of momney each month over a few years I think (Ican;t remember back that far!!) and continueds with this arangement until my debts were paid, obviously i had no dealing weith my creditors at this time, it was all done through PayPlan.

I have recently checked my credit file as my partner and I want to try to get a mortgage within the nect year and noticed that one of the credit cards have placed a default on the file, dated April 2007 and the other credit card and loan have "AR" arrangements to pay. I have been advised that these will prevent my from gaining credit for 6 years until the have "fallen off" the file. The long and short of my question is, can I try and overturn the default and arrangements to pay even though these debts we handed over to PayPlan.

Sorry it has been so long winded. I appreciate your help..... and patience.

Regards

Kelly

Hiya Kelly,

Sorry but the adverse data will remain, basically it is a true reflection of your account conduct. The AP marker (Arrangement to Pay) tells lenders that you did have an arrangement, albeit the entry is a bad mark it also shows you tried to sort it yourself which counter balances the argument.

The default is another matter, if it shows settled then you may be ok as some lenders do like to see a settled default before agreeing to any mortgage.

I'd say just be good and have an explanation set aside to give the mortgage company, along the lines of you were skint and tried to clear the debts and you did. The mortgage company may well ask for a larger deposit but that's to cover their risk.

Jonesy_21

Hi N-I-D,

Thanks for this. The default is showing as "Satisfied" - is that ok?

The AR's however, are showing as "Settled".

Wouls also know when the default and AR's fall off the file, is it 6 years from when they were placed on the file/account or when it was settled and/or satisfied?

Do AR's stay on for 6 years too?

Thanks once again

Kelly