Unenforceability & Template Letters II

never-in-doubt

gems3286 wrote: »

Hi All,

wanting a little help if poss. I have sent some of my cca's and i have got a resopne back from hfc bank saying that they can not find the cca. So i was wondering do i know stop paying them? And also i sent a letter to lowells (shop direct act) in november and got a letter back stating that they needed to get shop direct to send this to them ans then send it to me but i have heard nothing back at all.

Thing is i'm wanting to try and pay some of my debts of as full and final settelments and i was wondering where this would leave me with the above.

any help would be great.

Have you already been defaulted? If so then do not offer anything! Both debts are unenforceable and so nothing is 'legally' owed to the accounts. You do not need to offer anything, you simply cease repaying ONLY if they have already defaulted you.

When did you last pay? Have they defaulted you?

never-in-doubt

lorrich wrote: »

Reading this thread with interest, i have an egg card since the late '90's, application was done online including 'tick box' for sig. etc, never received any paper agreements what so ever.
So it it worth me requesting a CA, what are others experience of dealing with egg because they seem to be a law unto themselves

There is provision for a 'tick in the box' meaning that a signed CCA will not be forthcoming, but you may find an enforceable one does arrive as Egg can be quite thorough. However, you still need an original copy of the online application, with the tick in the box (instead of your signature).

never-in-doubt

Marisco wrote: »

I'm VERY new here, so please bear with me!! Briefly, its a catalogue debt going back to 1993. It would take pages to explain!! Anyway, we asked for a CCA, and received the following reply: "Unfortunately, we are unable to locate an executed agreement for your Empire account, but for your information we enclose a copy of the current agreement which applied to this type of account. The version includes all contractual variations which have taken place"

The amount owed is not actually the original debt, it all the charges that they have applied for "late payment"! We paid on a regular basis, i.e. 1st of every month, they wanted it every 28 days. It was originally with Droids DCA, and reverted to Shop Direct in 2008. We were told to carry on as usual, which we did. In Jan 2009 we increased the monthly payments to get rid. Next we know we are slapped with a £12 late payment fee! I though the bank had forgotton to pay it, and was on the phone ready to blast them:o Shop Direct had changed the payment dates without letting us know, they reckon they wrote to us and told us - if they did we never got it.

We have discharged the original debt - in fact paying over by £30, but they say we still owe £77 which is comprised totally of charges which we refuse to pay. We have now stopped paying and are still getting letters saying that £12 is being charged to the account. Can I continue to ignore them, or should I write and tell them to whistle for it. We have always responded to letters and sent in expenditure forms when asked etc, but are now just fed up of the whole thing. Can they make us pay? We don't care about CCJ's or bad credit refs. It is actually my partners ex wifes catalogue, but probably taken out in his name. He already has CCJ's because of her, which is why one more makes no difference!!! Sorry to be a bit long winded:o

If they never sent the CCA when you asked for it then the debt is unenforceable and no more payments should be sent. Littlewoods (usually they sell to Phoenix or Credit Act Management) are dire and they know most customers never signed an agreement so blag their way through.

If you say he already has a lot of defaults etc then just stop paying, you still have their letter confirming no agreement can be found right?

If so, send the following and stop paying them!

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

putty71 wrote: »

Hi Never - Any advice regarding this please?

Looks good to me mate. :rolleyes:

putty71

Hi Never

Have you had a chance to look at my Tesco CCA?

Thanks

never-in-doubt

putty71 wrote: »

Hi Never

Have you had a chance to look at my Tesco CCA?

Thanks

Yea, look at the post above yours mate!

jemma_

Thanks NID for the template letters
This thread is so helpful.
I have today sent a letter to littlewoods asking for a copy of my agreement, if that option fails i have a letter on standby to obtain copies of all charges applied to the account over the past 6 years. so one way or another it should get cleared quicker than if i continued paying it

Thanks again

never-in-doubt

jemma_ wrote: »

Thanks NID for the template letters
This thread is so helpful.
I have today sent a letter to littlewoods asking for a copy of my agreement, if that option fails i have a letter on standby to obtain copies of all charges applied to the account over the past 6 years. so one way or another it should get cleared quicker than if i continued paying it

Thanks again

Hiya

Unlikely littlewoods have it - do you already have defaults or is this the only problematic account you have?

jemma_

never-in-doubt wrote: »

Hiya

Unlikely littlewoods have it - do you already have defaults or is this the only problematic account you have?

Wow your quick!! Must be all that stella!

I have had payment arrangements set up on various accounts for 4 years now. I origionally had 11 debts and have got it down to 3. All of which are showing up as defaulted and all are with collection agencies, which i find are easier to deal with then the companies.
I'm currently paying Littlewoods £30 a month and being charged £12 admin fee a month on a debt of £1297 of which i estimate around half to be charges for late or insufficient payments.

never-in-doubt

jemma_ wrote: »

Wow your quick!! Must be all that stella!

I have had payment arrangements set up on various accounts for 4 years now. I origionally had 11 debts and have got it down to 3. All of which are showing up as defaulted and all are with collection agencies, which i find are easier to deal with then the companies.
I'm currently paying Littlewoods £30 a month and being charged £12 admin fee a month on a debt of £1297 of which i estimate around half to be charges for late or insufficient payments.

Hiya

I was away the weekend so catching up lol..... stella? I had a party with her at the weekend lol.... :beer::rotfl:

Ok, best to stop paying them - they will not have your agreement. Even if so, they are charging you £12 a month anyway so you may as well be late lol.

Just save yourself £30 per month and stop paying! So you currently have several defaults yea? Have you CCA'd the companies that added the defaults or stopped paying them anyway/cleared the debt?