Unenforceability & Template Letters II

pinkerton_angel

never-in-doubt wrote: »

Hiya

I'll sort this for you this week - promise (you need to come online more regular lol) -

I cannot believe there's been another 86 pages of posts since I was last on here - feels like I've been gone a lifetime.
Sorry NID, I didn't see this one when you posted it and I could make excuses for being away so long but well what can I say - I'm just rubbish!

Anyway, thank you for your response way back when and I'm going to be cheeky now and ask if you managed to get anywhere with it?

Thanks
Pinky

oreilly

I PM'd NID with a question recently, and he asked me to paste it into here, because he felt it might help people in a similar situation, so here it is ..

I took out a personal (unsecured) loan for 10 grand back in about 1994, with Barclays Mercantile. This was in relation to a business I was starting back then with a "friend" (or so I thought). He persuaded me that we needed to just use my good credit record to get a little extra money to help start up, and that the company would guarantee the repayments. I was young and naieve and the business was my idea (my baby), so I went along with it. I'm sure you can guess the rest.

We kept the payments up for quite some time, but then the company fell into loss, and we wound it up. From then on, repayments were missed, and things got sticky. After a while the account got handed over to Intrum Justicia (who I'm sure you're familiar with). They scared me shitless for a while, and I paid what I could when I could. After another stretch of time (sorry not to be accurate here, but this was a long time ago), I stopped communicating with them and they went away.

Fast forward to this week. I'm living at a different address and all this is ancient history. Then I get one of those letters from our friends Mackenzie Hall. Because of other things happening elsewhere in my life, I thought it had to do with something different, and I called them. I know .. I know.

So they demanded I recommence payments, or else. They said I had a remaining 6,400 quid to pay. (I'm assuming based on this that I must have paid around 9 grand back already, considering the original interest on a 10 grand loan). Verbally, I kinda said .. well, I'll try to sort something out before the end of the month. Then I searched the company name on here, and found this thread (which I have read, in its entirety).

Now, as things stand, I honestly don't know the date of the last payment or written communication I had with anybody about this. It may be that it's either statute barred, or really close to it. However, I reasoned that I'd probably fouled that up by calling them.

So I read back over page 1, and sent them the first CCA letter, asking for a true copy of the original documents. That went out registered post yesterday. I plan to do nothing until the 14 days is up, and see if they come back with anything. Who knows if they still have paperwork from 1994.

Meantime, just as an aside .. did the verbal communication I had with them this week re-start the 6 year statute clock ? Or does that have to be a written communication or a payment ?

Of course, if it's less than 6 years since I paid, thats moot, but I keep wondering about it. Also, I wanted to make contact with you, and give you the lowdown on my position rather than dump it all on you when and if I get documents back.

Oh, otherwise I'm pretty much in the clear of serious debts (other than an overdraft I can handle and some stuff to family that isn't problematic), but I am financially pretty much broke having lost my job last April, and if it turns out this 6 grand is payable .. well .. I prefer not to think about it.

- J
Thanks for giving this your consideration.

AndyLGR

Many thanks to NID for the advice. I have a debt of £1600 that Lowells were chasing for RBS. I sent them the letters from here asking for a valid CCA, which as of yet they have not supplied and I dont think they will either, it was a credit card I had and the only thing I signed was an application form. In the meantime Lowells have contacted me to acknowledge that they cannot ask for any repayments until they have a vaild CCA.

If, as I think, this becomes unenforcable then when does the 6 year limit come into play? Is it from when I defaulted on the card which was back in 2005 or is from when I last made contact with the DCA?

I am in a similar position with 2 more credit cards, all got defaulted at the same time and all are approx £1500, however on these 2 cards I am paying back £20 per month to a DCA. Is it worth me also contacting these to ask for a valid CCA?

sick_of_the_letters

Hi NID

Me again wanting some more advice......

I have a halifax credit card which I have CCA'd, they have not come back with the goods.
It has been passed to iQor who can't produce the goods either, I got a letter yesterday from Hallifax saying sorry for the delay & they would investigate it (after no prompting from me) however today I have got a letter from Geoffrey Parker Bourne solicitors wanting payment as iQor have passed it to them.

Oh what to do?!?!? Do I send the dispute letter?

Thank NID
x

never-in-doubt

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?

If the account is unenforceable and/or in dispute they should't be adding anything, anyway it wouldn't matter either way cos if they aint got the agreement you aint ever going to have to pay lol :rotfl:

never-in-doubt

smifff wrote: »

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.

Yes mate - you can stop the home visit by sending the letter (page1) and if they then appear, do not let them in and call the police if they refuse to go after you've politely asked.

Although as long as the debt is disputed (unenforceable or otherwise) there is little they can actually do.

never-in-doubt

cejsmith wrote: »

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????

There is a letter on page 1 that you send to the CRA's and you need to change a bit of it to suit, but that tells them that the lender breached s.87/s.88 etc.... its this letter: 9. Default Removal Letter to CRA's

never-in-doubt

jemma_ wrote: »

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

Hiya

You need to send this letter: 4. CCA Dispute

The debt is unenforceable as they have admitted they cannot locate the agreement! :T

never-in-doubt

pinkerton_angel wrote: »

I cannot believe there's been another 86 pages of posts since I was last on here - feels like I've been gone a lifetime.
Sorry NID, I didn't see this one when you posted it and I could make excuses for being away so long but well what can I say - I'm just rubbish!

Anyway, thank you for your response way back when and I'm going to be cheeky now and ask if you managed to get anywhere with it?

Thanks
Pinky

Ive forgotten, can you update me lol..... I don't think I carried on as you never came back online! If you wanted help then you ought to spend some time here til its sorted otherwise I tend to help those that are here (saves wasting time helping someone that never comes back)

never-in-doubt

AndyLGR wrote: »

Many thanks to NID for the advice. I have a debt of £1600 that Lowells were chasing for RBS. I sent them the letters from here asking for a valid CCA, which as of yet they have not supplied and I dont think they will either, it was a credit card I had and the only thing I signed was an application form. In the meantime Lowells have contacted me to acknowledge that they cannot ask for any repayments until they have a vaild CCA.

If, as I think, this becomes unenforcable then when does the 6 year limit come into play? Is it from when I defaulted on the card which was back in 2005 or is from when I last made contact with the DCA?

I am in a similar position with 2 more credit cards, all got defaulted at the same time and all are approx £1500, however on these 2 cards I am paying back £20 per month to a DCA. Is it worth me also contacting these to ask for a valid CCA?

Nice one mate - well done :T :T

The entry will be removed from your credit file 6 years after the default date itself.

Yes you need to get a CCA to the other companies as well..... start with step 1 on page 1 mate