Unenforceability & Template Letters II

never-in-doubt

cejsmith wrote: »

Does this look enforceable, I think not.

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

Nope! Send this: 3. CCA Query

(out of interest what limit did you get with the premier card?)

never-in-doubt

Dojo_Jo_Jo wrote: »

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?

Well, companies are required by law (HMRC) to keep data for a period of time after account closure (usually 6yrs) and some account for current/previous behavioural history within the group when they credit score you, Barclays being one of them.

In this case, you'll find that once the defaults disappear after 6 years you'll be fine to reapply to them. They would never be able to revive the old account, plus you'd get a new CIN (Customer ID Number)......

Dojo_Jo_Jo wrote: »

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?

No need to worry, the old account would be dead after 6 years and statute barred - they could never add a default or do anything, it just vanishes - you'd be fine to reapply

never-in-doubt

Scouse19 wrote: »

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!!!)

Ok, reclaim here: http://www.moneysavingexpert.com/rec...t-card-charges

Scouse19 wrote: »

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.

When did you last pay?

Scouse19 wrote: »

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?

It won't be - I can 99% guarantee that! So send the following back to them: 3. CCA Query

terimon

never-in-doubt wrote: »

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:

Sorry NID :embarasse

Your not wasting your time i promise. But my Virgin CCA came back enforceable and i made a rash decision.

I really dont know what to do. I can take any hassle but i am worried that my parents will come in for grief now

never-in-doubt

terimon wrote: »

Sorry NID :embarasse

Your not wasting your time i promise. But my Virgin CCA came back enforceable and i made a rash decision.

I really dont know what to do. I can take any hassle but i am worried that my parents will come in for grief now

Right forget F&F - what is the point? If thats the way you want to play it and make silly offers then go see an insolvency specialist and offer them the £10k to share between your creditors as full and final payments. i.e. do an IVA! - You can't do a mainstream IVA cos you aint working so cannot repay a set monthly amount so try and do it using a lump sum as settlement.

Alternatively, use the following letter which tells them you'll make an offer ONLY if they remove all the derogatory data and it even spells out what to do with the credit report! 8. Default Removal - Offer of F&F Settlement

Ok, so assume you want to forget the silly idea above - you have to sit back, calm down and think seriously what you want to do. Of course there will be the odd threat, they will do it once, i'll then sort you a letter and they will stop. They tend to hassle you more for the first year afterwhich they calm down a little.... year 3-6 you hardly hear from them (assuming you just send back any letters that they send you as unknown at this address)...

Yea, ethically it's bad but so what! You're not renting/homeowner so you're in the best position to do that! i.e. go underground for like a few years!

Your third choice is to argue for unenforceability (so what if they are enforceable) - the worse they can do is default you and send a bailiff - wooppeee! They still can't do anything to you - bailiffs have as many rights as your next door neighbour - NONE

So, what's your next move then? I hope that you were taught a valuable lesson when you spoke to MBNA - DO NOT SPEAK TO THEM!

terimon

I havent made any offers to NatWest which they admit is unenforceable.

Have you forgiven me

Ill buy you 10 Stellas

terimon

Oh no i was too quick with the 10 Stellas offer.

Make it 8

never-in-doubt

terimon wrote: »

Oh no i was too quick with the 10 Stellas offer.

Make it 8

Stop filling my thread with junk posts :mad: :mad: :mad:

20 or nothing

Scouse19

Hi NID, thanks for your quick reply. I last paid in May 2009

Not sure what your link referred to mate, that is for credit card charge reclaiming (which I'm already doing ) where you suggesting I claim back the PPI???

Finally, I have had a look at the agreement and from reading other threads I think that there are some issues with regards them not showing the repayment stuff seperately for the PPI portion and the Loan portion. They show a total monthly payment and then there is a sentence saying "We will divide your monthly payment between the cash loan and the insurance loan in the same proportion as the bear to the loan"....is this legit?

never-in-doubt

Scouse19 wrote: »

Hi NID, thanks for your quick reply. I last paid in May 2009

Not sure what your link referred to mate, that is for credit card charge reclaiming (which I'm already doing ) where you suggesting I claim back the PPI???

Sorry mate - reclaim PPI is here - http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

Scouse19 wrote: »

Finally, I have had a look at the agreement and from reading other threads I think that there are some issues with regards them not showing the repayment stuff seperately for the PPI portion and the Loan portion. They show a total monthly payment and then there is a sentence saying "We will divide your monthly payment between the cash loan and the insurance loan in the same proportion as the bear to the loan"....is this legit?

Nope it doesn't sound legit - is it the CCA you're looking at? If so, you should send the following letter to them: 3. CCA Query but only if you actually sent the CCA Request to them and are not using your version (your version meaning your copy from when you took the loan)..... If you are using your version then send the usual CCA request letter (step 1) first as you need to go on their version not yours....