Unenforceability & Template Letters II

MACO_2

Hi N-I-D,
Once again thanks for all your help, I am very grateful. I am wondering what your views are (or anyone that wishes to comment) on this letter below. It is from a debt collection agency, after sending them the third letter. They sent me a copy of a credit card application form a month ago and are claiming the debt relates to a current account, (I honestly cant remember if this is the case or not)

It reads as follows:

I acknowledge receipt of your further letter dated 5th January 2010 regarding the above account.

I am somewhat confused as to why you are continuing to request a copy of the credit agreement in relation to the above account. As stated in my previous letter of the 27th November 2009, our clients have advised us that it is their understanding that this account relates to a current account it would not be covered by the CCA regulations you have quoted in your letter.

Our clients have also confirmed that the document they have provided was a copy of your application for the associated credit card related to the original account. Our client merely provided this document in an attempt to assist you further in this matter.

I have also noted from our records that you have been making regular payments to the account for many years so I am somewhat surprised that you have only recently requested documentation. In order for me to bring this matter to a resolution I would ask you to please clarify your reasons for making the above request and if you are in fact disputing the account was actually opened by you.

Please be reassured that we are more than happy to accept any reasonable offer of payment in relation to your account or assist you in solving any genuine disputes in relation to this matter and I hope that we can now enter into a dialogue to move forward with regard to this account.

never-in-doubt wrote: »

You need to provide more details, is it a CC debt or a bank account debt? What is this 'associated' CCA they sent you?

When did you last pay? Have they defaulted you?

It is an old A&L Debt, which was passed on to debt collectors about 5 yrs ago, I last made a payment about 4 months ago. They have not defaulted me. I thought it was a CC debt but they are saying its a bank account debt. They have sent me no proof of this. All they have sent me is an old CC application Form signed by me which they claim is associated to the bank account.
MACO

chrisrzr

savysaving wrote: »

You say I shutter the thread readers illusion, what illusion will that be genious? The illusion that you are helping them no doubt !!!

Are you a fraud NID?:money:

Savysaving, I won't claim to understand the legal discussion you are having with NID so I will not comment

However I feel 100% comfortable telling you that based purely on reading this feed and following carefully and cautiously the advice provided by NID I have a letter from a DCA who state very clearly that they will not be pursuing for a £7600 debt

For my other credit card debts it is too early to make too many assumptions but Barclaycard’s silence has been deafening which may result in another £9000 success being accredited to NID’s advice

Regardless of your comments (and the motivation for them!) I for one am grateful and much better off for NIDs advice

Thanks again NID

poker-playa

savysaving wrote: »

This fact alone should get you worried as to his credibility, (advocating something he disagrees with).

I am sure there will be a few sticking up for NID, aliases are not uknown in forums, & some may have just been lucky ...

I don't really know what your problem is but I will also vouch for N-I-D. He has help me get over £15000 wiped after checking my agreement in private message. it is obvious you are someone that has a dislike to him because you have only posted a couple of times and edit your posts each time someone else comments. The reason people will stick up for him/her is because the advice is sound and you are trying to pick a fight which I am sure confirms you are the real alias. isnt that called a troll? Just go somewhere else because you wont get fans in here N-I-D gives sound advice.

N-I-D just ignore this idiot and keep up the good work :T:T

chrisrzr

poker-playa wrote: »

which I am sure confirms you are the real alias. isnt that called a troll?

Savysaving

When I first read on this feed what a troll was I thought it was underhand and sneaky (a suitable response from financial institutions I suppose) but I begrudgingly also thought it was clever

I did however expect them to be a bit more subtle about it!

Your posts focus purely on trying (unsuccessfully) to discredit NID and have offered no constructive advice to anyone except for a few generic comments

This feed is read by a lot of people who have not read the Consumer Credit Act and could not with any certainty establish if their CCA is enforceable or not even though it is there in black and white (myself included). NID provides advice, often at a personal level which allows us to understand if it is or not and what to do about it - and it seems to be costing your lot a fortune!

As Poker-Player says - "keep up the good work" NID

pinkjaney

never-in-doubt wrote: »

Is it actually your agreement though or a reconstituted version, i.e. one made up using the elements that would have been in place at the time you took the account?

If it is a copy of the original then you should either try to negotiate a repayment plan (like £20 per month or whatever you can afford) or just ignore them and after 6 years it will be gone! Not the best advice but assume you last paid 4 years ago, it would be the better advice. It depends on when you last paid really, what would be best for you.

Hi

Its the original agreement and its dated 09/01/05 (1 year left before the 6 year thing)

never-in-doubt

peter1610 wrote: »

I have never missed a payment but whn i looked at my credit file it showed a default from August 2006.

The default will go after 6 years whether you pay or not.

peter1610 wrote: »

1 If the statement is true above from Natwest do i still have to pay the loan!

That's entirely up to you, legally - No.

peter1610 wrote: »

2 what is the next letter to send them

None. The debt is unenforceable, just make sure you do not lose that letter as this is what you'd hand to any judge if they tried to enforce the debt.

peter1610 wrote: »

How do i get the debt written off or at minimal get the default removed

Debt has now been 'written off', in that they cannot pursue it without having an original agreement, although it still exists no action can be taken to recover any monies. The default will remain for a period of 5 years so will drop off (as will all trace of the account) in Aug 2012 - not that long to wait.

debt_obsessed

Hello there - wonder if anyone can help with this one.

I've been dealing with Capquest (sainsburys loan that got sold to them), they finally wrote back to me yesterday saying that they are no longer dealing with the account and have passed it back to Sainsburys.

Should I now contact Sainsburys with the stage 1 letter, or wait for them to contact me?

never-in-doubt

jamie07971 wrote: »

Hi

My loan with RBS has been deemed unenforceable as the is no CCA. I have not paid it since June. I have had a default notice and they have since sold it to a debt collector (CMS). Can anyone tell me what I need to do?

Thanks in advance.

Start by reading Page 1....

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.

The default notice will remain (6 years), however so long as they cannot locate the agreement they cannot really pursue the debt. It is unenforceable, until such time they respond with a compliant CCA.

never-in-doubt

MACO wrote: »

It is an old A&L Debt, which was passed on to debt collectors about 5 yrs ago, I last made a payment about 4 months ago. They have not defaulted me. I thought it was a CC debt but they are saying its a bank account debt. They have sent me no proof of this. All they have sent me is an old CC application Form signed by me which they claim is associated to the bank account.
MACO

If they have not defaulted you then why are you not paying this back? Ultimately if they state it is a bank account then just agree to a repayment plan and move on mate. :rolleyes:

never-in-doubt

chrisrzr wrote: »

Savysaving, I won't claim to understand the legal discussion you are having with NID so I will not comment

However I feel 100% comfortable telling you that based purely on reading this feed and following carefully and cautiously the advice provided by NID I have a letter from a DCA who state very clearly that they will not be pursuing for a £7600 debt

For my other credit card debts it is too early to make too many assumptions but Barclaycard’s silence has been deafening which may result in another £9000 success being accredited to NID’s advice

Regardless of your comments (and the motivation for them!) I for one am grateful and much better off for NIDs advice

Thanks again NID

Cheers matey :beer:

There is no legal discussion, the muppet is a troll pure & simple. :D