Unenforceability & Template Letters II

smifff_2

Hi NID, just had a call from Mercers about me not paying my credit cards. Who are they please, they threatened a doorstep visit by a company called "Power to collect" I think, can they do this? What shall i say to them next time they call.

Thanks

Lloyds_Dad

never-in-doubt wrote: »

Yes, it doesn't have the prescribed terms on it does it? (check page 1 for details)

However it buys you time until after the court case judgement which is the main thing, I know they will respond with 'the debt is enforceable' - they always do so it doesn't matter - the point is they will not be able to provide a compliant original CCA if this went to court - that much we know for a fact, otherwise they would have sent a copy or reconstituted copy... ;)

Following my logic yet lol

Hi N.I.D. I am being hounded By Triton re my Mint credit card and wouldnt mind being 100% certain that it is unenforceable. I have received a reply to my CCA dispute which they claim they have sent an enforceable CCA
Is it possible to send all this to you for a quick look as I only have this on a pdf doc

Many thanks

never-in-doubt

smifff wrote: »

Hi NID, just had a call from Mercers about me not paying my credit cards. Who are they please, they threatened a doorstep visit by a company called "Power to collect" I think, can they do this? What shall i say to them next time they call.

Thanks

Mercers usually deal with Barclays mate - but if they threatened a doorstep visit go to page 1, look at templates and find bailiffs & collection link then click that!

terimon

never-in-doubt wrote: »

Did I look at the virgin CCA - I dont remember much about it mate but if it had the tick in the box i'd not have said it was unenforceable just with that alone...... can you remember the posts? I can't...?

However, if it has the prescribed terms and the tick in the box then you'd assume it is enforceable and so it'd be time to negotiate a payment plan or similar - option 3 is also an alternative

Ok i am 99% sure its enforceable.

Ill continue with option 3 although i might try and negotiate something with them. Suppose i should make that decision soon as i am alraedy 1/24th away from statute barred

terimon

Also sorry to bug you again NID.

Nat West who have admitted they cant find my CCA and it say it is unenforceable through the courts are still adding interest every month. Are they allowed to?

captainhaggis

terimon wrote: »

Also sorry to bug you again NID.

Nat West who have admitted they cant find my CCA and it say it is unenforceable through the courts are still adding interest every month. Are they allowed to?

I think they can (NID will confirm). Basically, the debt remains a debt - the only difference is that they cannot FORCE you to pay. You still owe the money, the debt still exists, you just have to ignore it for six years until it becomes statute barred and drops off your file.

Sure, by that point the debt may be much higher because of interest, but they can't make you pay it so who cares if it's a million quid?! A default is a default is a default, regardless of the amount.

terimon

Cheers Captain.

It just worries me that the debt will be about 35-40k in six years at this rate.

What if they amazingly find the CCA in five years?

I suppose like most people on here i am worrying over nothing :mad:

But still i cant help thinking as Del Boy would say that the deal may go tits up

smifff_2

Hi NID, thanks for your reply. Am I correct in thinking that unless I've been taken to court and the judge rules my alleged debt enforcable all Mercers and Barclays and power2connect can do is make threats and not make home visits etc.

cejsmith

HI

I've got a couple of questions re defaults, I currently have them with HSBC and Egg, now my question is neither have reponded to my requests from copies of the default and to make matters more interesting I did a SAR on HSBC and have the full file and they never did send me notice of the default.

What should I do next????

jemma_

never-in-doubt wrote: »

Hiya

Ok, well just send the CCA letter on page 1 with £1 and then see what they come back with. Bear in mind, if you do apply for charges refunded and win they will just reduce the debt with that, but you have no legal right to request a charge refund unless they were extortionate....

I think you'll get their standard response; they cannot find the CCA but they want their money - even though this is rubbish as they have no right to ask for money!

Just post back when you have their reply...

Recieved a reply today....
we refer to your recent request for a copy of your credit agreement

goes on to say they were unable to locate it but have provided a copy of the current agreement which applies to this kind of account.
they state when i opened the account how much i owe and how much has been paid in the last year.
then they remind me at the end to continue paying it every 28 days

do i just send them the next letter again asking for my origional copy now?

thanks in advance
Jemma