Unenforceability & Template Letters II

never-in-doubt

AliceBanned wrote: »

Hi

I have read this thread with interest - I have a default on my file - Abbey Credit card - which is unpaid. I receive a letter about every six months from a debt collector but do not reply. According to checkmyfile.com this default will be removed from file in July 2011. My question is, if I started this process now, ie looking at the credit agreement and therefore contacting them, would this give them the right to start the whole six year process again, ie I could end up with the default on my file for ever?! Not sure whether contacting them is just stirring it all up whereas if I stay quiet they may leave me alone (as they have for 4.5 years apart from the occasional letters) and then remove it from my file. I would like to negotiate a settlement (amount owed £1600, so I would offer about £500) but again I have the same concerns about making any contact. Thanks for any advice on this.

If the default was added in 2005 (i.e. for a drop off date of 2011) then you'd be better not doing anything and letting it drop off naturally, surely?

By admitting anything you ruin statute barred meaning they could ccj you in June 2011 leaving you screwed for another 6 years..... i'd be ignoring them myself

do not make any offer - this would be w wasted exercise in honesty...

scarednshakin

never-in-doubt wrote: »

What they say about receiving goods means nothing, it is a gift if they do not have the agreement so you simply send back the following letter: 3. CCA Query

They can add a default, as you already know.

Thanks Niddy, will send off the letter and await the response :beer:

Bleddry

Hi NID,
Still trying to get a legible copy of CCA - from DG sols who then passed to Met. Collections (again), who have now passed to DLC (all within a matter of a few weeks). I am going to send your letter re: can't chase me 'cos account in dispute, but do you know if DLC are also HSBC?

Go_on_martin_lewis

Hey NiD,

I did as you suggested and have left the matter 'for them to dwell'. But I have now received my statement for this month as per usual. I have stopped using the card, but obviously they still want the debt to be payed. What should i do? This would be the first time I miss a payment if I leave it.

I want to send a letter to state that my agreement is unenforceable and that im ceasing payment. what do you suggest??

Thanks!

never-in-doubt wrote: »

Go_on_martin_lewis, as burton trade kitchens has said, the letter you have is a replica of several people's response from Barclays. It is not unique and addressed directly at you, moreso their legal response to our claim of unenforceability - they send the same template to all queries (its my 8th time of seeing it now).

Just leave them to dwell, don't worry.

No response is necessary.

hender1

hi nid

i have a default notice recorded against me which i dispute. i have never received any corres from the dca only a couple of phone calls. i have requested the cca (from OC as well) - letter received stating no longer dealing with (£1 chq returned). i want to get it removed but not sure where to start - do i start from the beginning or go straight to requesting copy of default notice or do nothing as
it is due to drop off my credit report october 2012?

your advice would be appreciated

cheers

Blessed_+_highly_favoured

HI NID, below was my response to your questions. I sent the letter originally almost two months ago and heard nowt. Do I send the CCA dispute to the lender or to the DCA? Cheers!!!

Ok, when did you send the CCA request?

Sent the letter at the beginning of December.

What is the default date and what is the last payment date?

Not got the last payment date to hand. Defaulted both on 12th June 2008 for both the loan and the bank account.


What do you mean, please elaborate - this could be serious so need to know about this please?

Sorry. Think I've confused you! Separate issue! What I meant that I was busy fighting my mortgage lender in court at the same time to fight repossession and that they were pestering me. The letters and stuff were threatening court as well.

Are you paying £40p/m right now? When did you last make payment? Don't worry about what DCA's pay for the debt, that isn't really relevant right now - technically they can demand the full amount - whether you pay or not is a different story!

Made the last payment on the 6th of last month. Sent the letter at the beginning of December. Did not pay Decembers

:rotfl:they don't know their CCA very well - it should be s77-78 of CCA!

Sorry my bad! Typo on my part, should be Section 77-79 (thats whats on my letter!)

This means they have written to the Original Creditor (OC) - in this case Lloyds - requesting the CCA. This is part of their obligations and they are acting correctly. This is a good thing because it also confirms they will not seek to enforce repayment, i.e. stop paying! Do not make the £40 payments until you get the CCA in which case you post back again and we'll help you out.. :T

Fair enough. I got the default letter for December and this letter on the same day.....

You do not need to respond to this - they are asking what reasons you'd be taking it to court, but at this stage you will not be taking such action. If they do hassle you the reason would be that you wish to check the actual enforceability of the agreement such as establishing whether the prescribed terms are intact and complete. That is all they need to know right now lol - but ignore their letter - you need to await delivery of the CCA.



Ignore this :D



You're doing fine - calm down and chill. You're £40 a month better off already lol, but I do need to know about the comment 'they tried to take my house' - who and why?

As explained above. Soz!! So do I just wait for their response?? How long should I give them?? If they provide the CCA what next???

Good Luck

bankkiller

bankkiller wrote: »

hi
can anyone tell me whether this cca is unenforceable?
its a friends. they got it from a DCA after requesting it. It seems to have everything, but I can't see the reference where it says "terms overleaf".
There are no prescribed terms on the page with the signature.

Thanks

Hey Nid! a DCA sent this cca after responding to the template letters.
The DCA is collectingo on behalf of Sainsbury's.
I can't see anything to show it is a linked document, what do you reckon?

never-in-doubt

scarednshakin wrote: »

Thanks Niddy, will send off the letter and await the response :beer:

Good Luck matey :T:p

never-in-doubt

Bleddry wrote: »

Hi NID,
Still trying to get a legible copy of CCA - from DG sols who then passed to Met. Collections (again), who have now passed to DLC (all within a matter of a few weeks). I am going to send your letter re: can't chase me 'cos account in dispute, but do you know if DLC are also HSBC?

Hiya

DLC are independent - see here: http://www.dlcollect.co.uk/

Send this off:

11. Account sold whilst in Default of CCA Request
The following letter would be sent when your account has been sold to another DCA/Solicitor when the original creditor/lender failed to acknowledge your CCA Request.

never-in-doubt

Go_on_martin_lewis wrote: »

Hey NiD,

I did as you suggested and have left the matter 'for them to dwell'. But I have now received my statement for this month as per usual. I have stopped using the card, but obviously they still want the debt to be payed. What should i do? This would be the first time I miss a payment if I leave it.

I want to send a letter to state that my agreement is unenforceable and that im ceasing payment. what do you suggest??

Thanks!

Hiya

Is this the only account you're looking at Unenforceability with? Usually you do this if you're happy to get defaulted etc (well not happy, but you know what I mean).... So if you're up-to-date with payments etc then why would you cease repayments, it will ruin your credit file :o

No figure mate - have you thought this through?