Unenforceability & Template Letters II

never-in-doubt

debt_obsessed wrote: »

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?

They will pass it back to the Original Creditor to deal with CCA's so you wait for Sainsbury. Although chances are they are already in default, being 12 (+2) days must have passed already?

Just give them a few weeks, obviously it is up to you whether you stop paying or not.

never-in-doubt

chrisrzr wrote: »

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

Thanks for the above mate but this guy definitely doesn't work for a lender or DCA - he just isn't intelligent enough. You do need a basic grasp on reality and unfortunately this guy just doesn't tick the boxes so rule out anything that may involve responsibility....

debt_obsessed

never-in-doubt wrote: »

They will pass it back to the Original Creditor to deal with CCA's so you wait for Sainsbury. Although chances are they are already in default, being 12 (+2) days must have passed already?

Just give them a few weeks, obviously it is up to you whether you stop paying or not.

Brilliant, thank you. I'd already got to the stage 3 letter with Capquest, so they obviously didn't have the CCA and quite possibly neither do Sainsbury!?

I stopped paying this account as soon as they went into default.

pepe2008

I do hope that 'savysaving' has gone back under its slimy rock. If that person is as Qualified as they seem to imply then God help its Clients!

Talk about knee-jerk! If you want to make a point 'savysaving', make it clear, make it correct and make it helpful............and if you cant manage that, make it somewhere else.

Good Morning.

Wispa1

Hi NID,

I just wanted to say thanks for all your help. Regardless of the opinions of others, I think you do a fantastic job. Without your help, my family and I are so much better of financially in such a short space of time. The fact you do all of this in your own time without any payment is a credit to what a genuine person you are. Thanks again :T

Savysaving - I am not sure what your problem is but i hope you get it sorted soon.

MACO_2

never-in-doubt wrote: »

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:

Hi Nid,

Its a CC account, they are trying to say its a bank account, it was defaulted by A&L and then sent to debt collectors, they have sent me no CCA or anything, just an old CC application form.

I was under the impression that any CC before April 2007 May be able to be written off if there is no agreement, is this not the case? Does it have to be defaulted?

Thanks MACO

cejsmith

Just had a letter today from Fredrickson International, re my Capital one account.

Cap 1 have sent me a true copy of my cca but it's not legible and may well be unenforceable. Cap 1 in their last letter state they we not enter into any more correspondence on the matter and have referred me to FOS but have stated that they don't believe it's a matter for them.

What letter should I send to Fredrickson, I want to stop they calling me before they start?

Thanks

burton_trade_kitchens

Savysavings...
Go and play on ebay or something !!!!!
Fool!

Sheena82_2

Hi All hoping for a bit of advice here let me explain where I am upto. I have sent the first two letters to MBNA with regards to requesting a cca I have had a reply from them from the first letter but not from the second, I have given them more than 2 months to reply (I thought I would give them time as not 100% sure how goods I feel about this but desperate time seek deperate mesures) I now have the third and final letter ready to post and I am about to send a letter do my my dmp provider to stop all payments.

Will I beable to do this I have heard that not alot of people have sucess with unenforcability im just abit nervous about stoping payments I suppose but that is the next step I have to take if I want to see this through.

Any advice would be greatly appreciated.

Thanks

Sheena

astravanman

cejsmith wrote: »

Just had a letter today from Fredrickson International, re my Capital one account.

Cap 1 have sent me a true copy of my cca but it's not legible and may well be unenforceable. Cap 1 in their last letter state they we not enter into any more correspondence on the matter and have referred me to FOS but have stated that they don't believe it's a matter for them.

What letter should I send to Fredrickson, I want to stop they calling me before they start?

Thanks

Might be in a similar situation soon. Can I ask if Cap1 sent you a letter asking to provide a signature? We also had Fredrickson pursuing on behalf of Cap1 but after sending the CCA request they wrote back putting the account on hold and referred it back to cap1. We got a letter from cap wanting a signature before complying with the request so have fired off the no sig required letter.