Unenforceability & Template Letters II

Rainy_2

terimon wrote: »

Yes i have warned my parents and yes they do know my parents landline :embarasse. I never thought i would quite be going down this route.

It may be worth seeing what happens with my Virgin card and the CCA first.

It the phone supplier is BT you can request that certain numbers be blocked, I'm sure you'll be able to find info on how on their website. Other suppliers may run a similar service so worth checking it out.

ricardovich

Hi N-I-D and everyone,

First, let me add my thanks (to the others) for N-I-D's incredible hard work and fantastic advice on this invaluable thread:T:T

I have 3 things that I need help with:-

I am in correspondence with 1st Credit DCA with regard to a Goldfish CC debt. I have so far sent them letters 1 & 2. Today they have sent me a huge bundle (I would say over 100 pages) of reprints of all my CC bills going back to October 2003!! Obviously, this is not the CCA as asked for. Do I continue on to letter 3 now??

Secondly, I have received my Equifax credit report and note that I have been defaulted on a number of CC accounts. Some of the defaults are listed with original credit card companies eg Barclaycard, Egg, Lloyds TSB even though I have been corresponding with DCAs dealing with these accounts. I had no prior knowledge of these defaults, nor any documentation. Who do I query about the defaults - the OC or the DCA??

Finally (and I have asked about this before on this thread and am aware that it doesn't really belong here, but although many people viewed a thread I started on the main board, I didn't get any replies - so I was just wondering if anyone had any advice...) my credit report shows 3 CCJ's that I was unaware of and am not sure what they are for?? What can I do next???

Sorry for so much ignorance - here's hoping for some enlightenment xxx

cejsmith

Does this look enforceable, I think not.

http://s874.photobucket.com/albums/ab302/cejsmith/hsbc/

Dojo_Jo_Jo

Hi N.I.D,

Thanks for your reply, excellent news.

CC account is with Barclaycard with about £1900 o/s and I have just sent the template response getting only t & c returned to them . I had the same Civil Procedure Rules (CPR) rubbish that pepe2008 had received sent in response to my original request for a true copy of my CCA.

I have read thoroughly through both Part 1 and 2 of this forum so understand from your very clear direction that it is worthwhile me continuing down this path with Barclaycard, MBNA and Citicards as I will not be seeking a mortgage in the next 6 or 7 years and my credit history has gone down the pan in the last six months. Unfortunately no financial institution takes into account the 20 odd years that I have been a model payer with the best credit score you could get. This credit score was clearly why the companies listed above filled out cc applications for me and preauthorised an account with them before their literature hit my doorstep!

However I NEVER miss a mortgage payment!

A couple of interesting points are that I have two MBNA cards given to me around the same time 2002 ish. Fortunately, I saved a copy of one of the original agreements on my PC and it does not meet the prescribed terms (no interest rate quoted). So really looking forward to what they send me back!

The other point is a question really. Let's suppose that an account with Barclaycard becomes unenforceable and six years later is disappears from my credit footprint, do you think the credit card companies still keep a record of it as a bad debt against my name? Can I never apply for credit from them again in the future?

I know this is not something that you may know, but I am interested to hear what you and the wider N.I.D gang think. Another thing to consider maybe before going the unenforceabilty route?

I LOVE, LOVE, LOVE ,THIS FORUM!

pepe2008

never-in-doubt wrote: »

You're spot on, they are talking bollox. The CPR 'threat' is used to allow them the chance to send a copy of the original cos if they do not and you do take it to court and they then provide it, they will be in trouble especially if they decline a CPR disclosure request.....

Its always worth bearing in mind they will say almost anything to get out of telling you the hard truth - we've messed up and you owe nothing :D

Regards to the CCA you got, come again? Are you saying they have sent you someone elses CCA? If so, do you still have it and have you reported it to Barclays or the person in question? I ask cos you can use this as a bargaining tool :eek:

What they sent me was someone elses ( unenforcable) CCA....AND their FULL Financial details...Bank Account Numbers, Employers, Mortgage details, spouses details, other CC numbers. I checked the Voters Register for the area and contacted them....not happy.
Bcard are now very happy to go interest free until the end ( and I have no doubt that they will accept a F&F when I am in the position to offer one).

I have thanked them for sending me the CPR rubbish, it has helped to increase my knowledge.

Keep up the good work!

Scouse19

Hi NID

I've CCA'd Halifax with regards a personal loan that I have with them from 2004. The loan was originally for £5000 and their is a PPI loan applied also for £1088.58 (which I don't believe I needed as I was only 19 and had no kids, mortgage or nothing!!!)

Anyway...They have defaulted me in 2006 and the account has gone through Blair Oliver & Scott and is now with Fairfax. I paid Bo&S diligently for months and months and then when work dried up and I was having problems the account got sent to Fairfax.

Anyway, halifax have sent back the CCA (no sigs or nothing on it, just the details of the loan, and also sent a statement of account and a photocopy of their "Personal Loan Conditions 2004" leaflet. Question is...I have no idea if it's a legitimate CCA or not??? You had any experience with Halifax or whatever?

Any info would be great

If you want me to start a new thread I will do...just want to make sure it gets a bump first :-)

Thanks
Scouse

never-in-doubt

bones2020 wrote: »

this is a really great and helpful topic
i never knew that ya could do any of this

i have 4 credit cards 3 payment plans and one with dca

plus 2 store cards can i still do this as by the step shown

Yes you can do it on all cards, store cards included....

never-in-doubt

terimon wrote: »

Spoke to MBNA offered them £4500 F&F settlement as long as my account and CRA are notified its satisfied.

Maybe a bad idea because the lady was rude and said 75% would be accepted,

Can i ask a question please NID is there any way you can get a F&F accepted that will end the account and see the debt satisfied or is this impossible.

The woman actually put the phone down on me!

Why are you doing this when all the advice I give says do not make offers? Am I wasting my time here or what? If you aren't going to listen to the advice then it's pointless - at the end of the day you've now just admitted liability to the debt :mad:

pepe2008

Never make a F&F offer on the phone! Do it by letter....and start at 20%!

If they are writing off a debt ( it may already have been technically written off if its gone as far as their Collections/Recoeries Department) they would have enjoyed all sorts of Tax breaks and Accounting benefits.

edit; and as NID says, if you are not SURE the debt is legally binding, dont MAKE an offer!

never-in-doubt

ricardovich wrote: »

I am in correspondence with 1st Credit DCA with regard to a Goldfish CC debt. I have so far sent them letters 1 & 2. Today they have sent me a huge bundle (I would say over 100 pages) of reprints of all my CC bills going back to October 2003!! Obviously, this is not the CCA as asked for. Do I continue on to letter 3 now??

Yes - send this letter now: 4. CCA Dispute

Look through the statements and check for charges - then reclaim here: http://www.moneysavingexpert.com/reclaim/credit-card-charges

ricardovich wrote: »

Secondly, I have received my Equifax credit report and note that I have been defaulted on a number of CC accounts. Some of the defaults are listed with original credit card companies eg Barclaycard, Egg, Lloyds TSB even though I have been corresponding with DCAs dealing with these accounts. I had no prior knowledge of these defaults, nor any documentation. Who do I query about the defaults - the OC or the DCA??

You send the following letter to the people that added the default (so whatever name appears on your credit report): 6. Request for !!!!!! of Default

ricardovich wrote: »

Finally (and I have asked about this before on this thread and am aware that it doesn't really belong here, but although many people viewed a thread I started on the main board, I didn't get any replies - so I was just wondering if anyone had any advice...) my credit report shows 3 CCJ's that I was unaware of and am not sure what they are for?? What can I do next???

Ignore them - they are hard to get removed but they will go after 6 years. How long have they been there? Its not the same process with a CCJ - they go to court and get it issued unlike a default. :rolleyes:

ricardovich wrote: »

Sorry for so much ignorance - here's hoping for some enlightenment xxx

You're now enlightened!