Unenforceability & Template Letters II

never-in-doubt

Scouse19 wrote: »

Have a good weekend mate

p.s. tried to post image but MSE says new user so can't post links!!!
Speak to you Monday

Thanks

Ok post the link but leave out the www and leave a gap in the middle like this:

money savingexpert.com

Scouse19

http:// i875.photobucket.com/albums/ab318/Scouse19/CCA-HalifaxLoan-1.jpg

Scouse19

Hopefully you can view that

Let me know what you think. Wait till Monday if your busy by the way

never-in-doubt

Scouse19 wrote: »

http:// i875.photobucket.com/albums/ab318/Scouse19/CCA-HalifaxLoan-1.jpg

Mate that CCA is not compliant. Where are the signatures (theirs and yours?).... but the part you mention regards to the PPI - its fine to me. I'd say other than the lack of signatures this actually is one of the better CCA's i've seen (sorry to be the bearer of bad news) and with the recent case regards to this exact issue of misplacing data re: ppi on the total figure means you'll lose as they will use the recent RBS victory as the precedent.

However, it is worth sending the query letter and let them prove to you its enforceable... no harm done in that. Pointless pursuing your claim over the ppi, you have 0% chance of winning IMO.

Scouse19

I'll send off the cca query letter and see what they come back with then...not looking to avoid paying back just don't like the way they pass it to a solicitor after 3 months of difficulty...not exactly being sympathetic to problems...so was hoping I could stop them enforcing whilst I slowly build up a pot to pay a settlement! Anyway's I'll see what they come back with. Thanks for your help mate

I'll keep you posted as to how I get on

Thanks
Scouse

never-in-doubt

Scouse19 wrote: »

I'll send off the cca query letter and see what they come back with then...not looking to avoid paying back just don't like the way they pass it to a solicitor after 3 months of difficulty...not exactly being sympathetic to problems...so was hoping I could stop them enforcing whilst I slowly build up a pot to pay a settlement! Anyway's I'll see what they come back with. Thanks for your help mate

I'll keep you posted as to how I get on

Thanks
Scouse

Ok mate - good luck.....
Can you confirm, have they defaulted you yet or just passed to third party for collection? If there is no default then consider sending the DCA/Solicitor the following letter with an offer.... they will take a few weeks to agree to anything which buys you some time!

8. Default Removal - Offer of F&F Settlement


Obviously the letter assumes you have a default, those bits you'd remove and amend slightly if you don't.

Scouse19

Ye mate they have already defaulted me back in 2005! It's been with Blair Oliver & Scott since then until last Sept when Fairfax sent me a letter

never-in-doubt

Scouse19 wrote: »

Ye mate they have already defaulted me back in 2005! It's been with Blair Oliver & Scott since then until last Sept when Fairfax sent me a letter

They defaulted you back in 2005 and you stopped paying May 2009! OMG :eek: :eek:

If you'd never paid in 2 years (well just over 1 actually) it'd have gone from your credit file - because you paid it's now there until 2014!

Bummer :mad: :mad: :mad:

BOS are the internal collections team at HBOS - a bunch of shysters. How much do you owe? How much can you afford to make an offer of (if any)....

p.s. hit the thanks button you tight sod!

Scouse19

Haha idn't even notice the thanks button! Sorry matey! :rotfl:

I know that about the payments! I weren't even aware of the whole Stat barred thing until last week though! Nitemare!

The amount owing is 4000 so not really in a position to offer F&F yet. I'm gonna investigate the APR and stuff to make sure that's all calculated correct and I'm also gonna fire off the query letter although I think I'll have to ammend it from your normal one because they have sent me a statement of account along with the CCA you seen. Need to word it so that I'm asking for a copy of the actual signed document though rather than what they can get away with...

never-in-doubt

Scouse19 wrote: »

Haha idn't even notice the thanks button! Sorry matey! :rotfl:

I know that about the payments! I weren't even aware of the whole Stat barred thing until last week though! Nitemare!

The amount owing is 4000 so not really in a position to offer F&F yet. I'm gonna investigate the APR and stuff to make sure that's all calculated correct and I'm also gonna fire off the query letter although I think I'll have to ammend it from your normal one because they have sent me a statement of account along with the CCA you seen. Need to word it so that I'm asking for a copy of the actual signed document though rather than what they can get away with...

Exactly mate - add something along the lines of:

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.