Unenforceability & Template Letters II

never-in-doubt

lloydjones wrote: »

Thanks for the advice N.I.D.

HSBC and Cahoot have issued me with defaults, can they do this if 'in dispute'? If so, how long will this affect my credit rating?

Cheers.

Yes they can issue a default, it is the worse they can really do and will remain for 6 years from date of default or 6 years from date of last payment, whichever is sooner.

However a default is better than a large debt, isn't it?

never-in-doubt

debt_obsessed wrote: »

Hi there,

I've not posted on this thread for a while but have been reading through! Loving it!

Quick question, I have been dealing with BOS - Blair, Oliver Scott. On Thursday 14th Jan (Thurs) the 30 days will have expired on the account in dispute letter, they have not sent me any written communication but keep texting me a number to call them on (which I refuse to do). What's the next step if they don't reply by Thursday?

Go to page 1 and read post 1......

4. CCA Dispute
This is the letter you send if the CCA has not arrived, usually 30 days after the CCA Reminder letter was sent.

never-in-doubt

astravanman wrote: »

It looks like our CCA to FashionWorld has crossed in the post with them passing the debt onto Wescot to collect on their behalf. The CCA sent to FashionWorld is still within the 12+2 days so not yet defaulted - but as Wescot are now on the case do we just need to send them a copy of the CCA that was sent to fashion world?

Hiya

yep - sure do, send a copy of your CCA request and the letter below (this would be the cover letter that you send the DCA):

11. Account sold whilst in Default of CCA Request
The following letter would be sent when your account has been sold to another DCA/Solicitor when the original creditor/lender failed to acknowledge your CCA Request.

Kudox

Hi, regarding my debt with marbles that they have admitted they are unable to provide the original agreement for, which was then passed onto 1st credit, I've now been contacted by LCS solicitors (a part of 1st credit I think?) threatening court proceedings if the debt isn't paid in full within 14 days.
I know this is probably all hot air on their part, and last time I asked for help on this I was advised by NID to just ignore them.
Would that still continue to be my best court of action or should I write to them stating that Marbles can't produce the agreement?
I have stopped paying this BTW (NID you'll be proud of me;))

never-in-doubt

Kudox wrote: »

Hi, regarding my debt with marbles that they have admitted they are unable to provide the original agreement for, which was then passed onto 1st credit, I've now been contacted by LCS solicitors (a part of 1st credit I think?) threatening court proceedings if the debt isn't paid in full within 14 days.
I know this is probably all hot air on their part, and last time I asked for help on this I was advised by NID to just ignore them.
Would that still continue to be my best court of action or should I write to them stating that Marbles can't produce the agreement?
I have stopped paying this BTW (NID you'll be proud of me;))

You should send this mate: 11. Account sold whilst in Default of CCA Request

Plus a copy of the letters from marbles confirming they cannot locate the original.

The recent court case does not affect things......

lloydjones

never-in-doubt wrote: »

Yes they can issue a default, it is the worse they can really do and will remain for 6 years from date of default or 6 years from date of last payment, whichever is sooner.

However a default is better than a large debt, isn't it?

Yes, too right it is! However, will the default affect my wife's chances of credit as she is associated to me financially through a joint account? We need a bigger car and need hp ideally.

never-in-doubt

lloydjones wrote: »

Yes, too right it is! However, will the default affect my wife's chances of credit as she is associated to me financially through a joint account? We need a bigger car and need hp ideally.

Yes, the default will affect her slightly so if you need HP then i'd look at doing it sooner than later then :rolleyes:

Basically as a family you ought to be prepared to be declined for at least the next couple of years, year 3 onwards is easier to get accepted as a lot can happen in 3 years since you were defaulted, like a new job with 10X the income lol....

Kudox

never-in-doubt wrote: »

You should send this mate: 11. Account sold whilst in Default of CCA Request

Plus a copy of the letters from marbles confirming they cannot locate the original.

The recent court case does not affect things......

Ok Thanks again NID, I'll do that and see what happens.

Kudox

Just as a thought, Marbles still haven't defaulted me (it's still showing on my credit report as a query) nor issued me with a notice of assignment, I suppose I should still go ahead and send the "account in dispute letter"?

putty71

Hi Never

Finally found the leads to my scanner so have been busy editing letters ready to post here. Is it easier to pm them to you?

Cheers