Unenforceability & Template Letters II

never-in-doubt

sick_of_the_letters wrote: »

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

Hiya

You send a copy of this (edit to suit) to iQor with a copy of your original CCA request that you sent HBOS along with a copy of HBOS's letter.....

Basically keep them in the loop.

But it is this template you'd be using to send: 11. Account sold whilst in Default of CCA Request

never-in-doubt

oreilly wrote: »

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 ..

Cheers for posting & welcome :beer:

oreilly wrote: »

I took out a personal (unsecured) loan for 10 grand back in about 1994, with Barclays Mercantile.

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.

Ok, so you're best hoping to get Statute Barred mate

oreilly wrote: »

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.

Oooops, you called them

oreilly wrote: »

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).

Ok, so you've not as yet admitted liability (phew!)

oreilly wrote: »

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.

Get a copy of your credit file, this will tell you (I told you this in PM didn't I?) - Obviously the 'extra' info on this (that I gave with the PM) is not be made public, keep that between us

oreilly wrote: »

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.

Mistake being sending a CCA kinda suggests you owe it, but to play daft you simply say you wanted to see the agreement as you couldn't remember if you applied from all that time ago (lol).... don't worry too much about this right now...

oreilly wrote: »

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 ?

As above, don;t worry about this we can blame the contact and being mis-led, it does not mean you're admitting anything.

oreilly wrote: »

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.

Your credit file will tell you the date you last paid, get that and post back again

oreilly wrote: »

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.

Just get the credit files sorted and then we'll be in a better position to advise :beer:

smifff_2

Thanks NID. I expected Mercers to be phoning me all day today but they haven't thankfully. Been worried about you today mate, you've not been on all day. Thought the banks had hired a hitman or hitwoman to bump you off.

never-in-doubt

smifff wrote: »

Thanks NID. I expected Mercers to be phoning me all day today but they haven't thankfully. Been worried about you today mate, you've not been on all day. Thought the banks had hired a hitman or hitwoman to bump you off.

Hiya mate - lol, forums were down last night and I was bust most the day

Imagine it - if they did :rotfl::rotfl:

never-in-doubt

Ok,

Seems there may be a way to get a default notice removed even taking into account the recent McGuffick case

Instead of me gleaming info from the thread, its easier to post it direct and let people see for themselves if it is worth pursuing. Basically start at page 1 and read through, although tempting as it may be to skip to a certain page - in order to understand and acknowledge the procedure (court attendance is usually necessary), it will make more sense to start at the beginning as you will miss something relevant.

Link to CAG is here: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html

It may be worth joining and posting your query on there - they are a good bunch and seem to understand this particularly complex area quite well.

Just remember it is worth investing a couple of days time reading the 59 pages if it helps to remove an invalid default notice

Wispa1

HI Nid - I thought I would give you an update on my Egg CCA's. They have now responded to my request on my accounts that were opened in 2002. They have provided me with CCA's that have got all the prescribed terms and signatures apart from the credit limit where they have used "approved" limit. Am I write in thinking this is unenforceable due to not using the word "credit" limit? :cool:

Thanks in advance

never-in-doubt

Wispa1 wrote: »

HI Nid - I thought I would give you an update on my Egg CCA's. They have now responded to my request on my accounts that were opened in 2002. They have provided me with CCA's that have got all the prescribed terms and signatures apart from the credit limit where they have used "approved" limit. Am I write in thinking this is unenforceable due to not using the word "credit" limit? :cool:

Thanks in advance

If it shows approved limit then see this: Egg Card - CCA Flawed?

DeBilde

Still 2 months later and Barclays (3 CC with them) have sent TC's for 2 and nothing for the 3rd. Should I report them to FOS? I am about to be defaulted on all 3 as I stopped paying in November.

Barclays Loan have not got back to me and it has been 4 weeks since I sent letter 1, time for letter 2?

Cheers Mate

never-in-doubt

DeBilde wrote: »

Still 2 months later and Barclays (3 CC with them) have sent TC's for 2

Click here: 16. Various CCA Query Letter 'Variations' And select letter entitled: - CCA Dispute - Terms & Conditions Supplied;

DeBilde wrote: »

and nothing for the 3rd.

Send this: 2. CCA Reminder

DeBilde wrote: »

Should I report them to FOS? I am about to be defaulted on all 3 as I stopped paying in November.

They cannot default you if it is in dispute. If they threaten this then send this letter (you'll need to edit it a little but the principles remain the same), in addition to whatever else i've suggested sending: 11. Account sold whilst in Default of CCA Request

DeBilde wrote: »

Barclays Loan have not got back to me and it has been 4 weeks since I sent letter 1, time for letter 2?

Send this: 2. CCA Reminder

DeBilde

Cheers NID, Should have been a little clearer. The 2 CC's that have sent TC's have already had TC's letter but Sharkleys have said that's all your getting. The 3rd ones has not responded at all to both the first and second letters.