Unenforceability & Template Letters II

never-in-doubt

hender1 wrote: »

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

You'll struggle to get a default removed - the recent McGuffick case allows for the lender to record a default, as it's due to drop off in 2 years i'd leave it alone - bear in mind most lenders (assuming this is your only default) won't look that far back, if your credit file is fine for the last couple of years then the default may not affect too much.....

Have a read here: Invalid Default Notices - Default Removal

never-in-doubt

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

See this (note my red text):



This will cover the terms argument, however they should have been on the reverse of the agreement - but as the signature is on a separate page to the terms, you could argue this point - risky and no guarantee but worth a go if you really want to push it?

Send this: 3. CCA Query

Good Luck :beer:

never-in-doubt

Blessed_+_highly_favoured wrote: »

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!!!

Hiya

Thanks for responding - ok, you should send this letter to them: 4. CCA Dispute

Can you confirm, I asked when you last paid and you said you didn't know. Then further down you said you last paid last month (confusing lol)...:p

Regardless, you cannot request CCA for an overdraft you need to repay this or ignore it but with respect to credit cards etc they should comply or you stop paying, but as you've been defaulted already (normal practice) then you may be better just sending the above letter and ignoring them.

Bleddry

Thanks so much, NID.
What does it mean (what is the motive) when the bank sell the debt to an outside agency?
Should I be feeling as nervous about it as I am right now?
I have nothing materially, but I do not want my young children to feel frightened by strangers calling.
Do you have any idea what these people are like to deal with?

never-in-doubt

Bleddry wrote: »

Thanks so much, NID.
What does it mean (what is the motive) when the bank sell the debt to an outside agency?
Should I be feeling as nervous about it as I am right now?
I have nothing materially, but I do not want my young children to feel frightened by strangers calling.
Do you have any idea what these people are like to deal with?

Hiya

They have no rights, dont worry. The worst they will do is write and or ring you in which case you ignore them or post details here. If they phone then just hang up or change your number etc.....

Page 1 has a section for this: Dealing with Bailiffs Harassment

never-in-doubt

As some of you may know, a few months ago I started to help marcellep fight Crappy1 in respect of an unlawful default.

Update is below - go to this thread and look back at some of the letters used, if you fancy taking such a battle on yourself! How to get back on the credit ladder

So you may be able to get that default removed after all :D

marcellep's reply as below:

marcellep wrote: »

Time for an update

This is my final update Re Capital One Bank
Thanks to one person on this site (Never in Doubt)

I got 3 letters in the past week from all CRA'S confirming that Capital One Default will be removed, I have since checked and had confirmation that this has happened.

So now the CRA reports are clear

:beer:Thanks for all your support :beer:

Note: Stick at it, you will win

Blessed_+_highly_favoured

Last paid - I think that was refering to the original creditor, for that I don't know

Paid "last month" was November in which I last paid the DCA. Looks like the dispute letter then!

Bleddry

Sleep well NID - I will now.
Thank you again.

never-in-doubt

Blessed_+_highly_favoured wrote: »

Last paid - I think that was refering to the original creditor, for that I don't know

Paid "last month" was November in which I last paid the DCA. Looks like the dispute letter then!

Whether you paid the OC or the DCA its the same lol - :rotfl::rotfl:

Just relax and see what transpires yea?

Money_mark

Hi NID,

Sorry to ask for even more advice. I've been reading your pages on how to repair credit and where to go, and have started to follow the steps.

My Experian report is clean.

My Equifax shows a debt with Cabot which defaulted on02/08/2004. I'm pretty sure the last payent was well before that, and was wondering at which point it would be barred?

To be honest I have sat around for years waiting to be taken to court, and it has just never happened. It has been trhough numerous DCAs but none have done a thing. It is now with Fire who are threatening me with court.

What is my best move? Shall I just keep my head down for the next few months until July passes, or should I be doing something else?

Many thanks,

Mark