Unenforceability & Template Letters II

never-in-doubt

Money_mark wrote: »

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

Hiya

The default will auto-drop off after 6 years (as you already know) but if you have your dates wrong it could affect statute barred so i'd suggest for the sake of a few months, leaving it until at least August then apply for your credit file and check it out - if all seems ok, then just ignore any letters - legally they cannot hassle you for payment after 6 years is up. :D

Money_mark

never-in-doubt wrote: »

Hiya

The default will auto-drop off after 6 years (as you already know) but if you have your dates wrong it could affect statute barred so i'd suggest for the sake of a few months, leaving it until at least August then apply for your credit file and check it out - if all seems ok, then just ignore any letters - legally they cannot hassle you for payment after 6 years is up. :D

Thanks dude!

Basically I guess I'm faced with a small chance that they may take me to court in the next few months.....I guess I'll have to run the gauntlet.

Just out of interest, why on earth did no-one take me to court over this. They've had six years to do it??? It seems crazy?

Palamai

Hi NID im new on here but have been reading your advise and sent a CCA request to hsbc, ive received my CCA would you take a look for me to see if it's enforceable please, im not sure how to get my letters on here, any advise will be greatly appreciated, many thanks Natalie

never-in-doubt

Money_mark wrote: »

Thanks dude!

Basically I guess I'm faced with a small chance that they may take me to court in the next few months.....I guess I'll have to run the gauntlet.

Just out of interest, why on earth did no-one take me to court over this. They've had six years to do it??? It seems crazy?

Not all lenders want to take people to court - plus if they never had the agreement they know they'd lose, so why bother? Don't worry about it - just hold fire til the summer and then get a copy of your credit records - if there is no entry present you can forget about the debt.

never-in-doubt

Palamai wrote: »

Hi NID im new on here but have been reading your advise and sent a CCA request to hsbc, ive received my CCA would you take a look for me to see if it's enforceable please, im not sure how to get my letters on here, any advise will be greatly appreciated, many thanks Natalie

Hiya

Look at page1 - Prescribed Terms. Basically, is it a signed agreement with the interest rate and repayment amounts showing? Failing that, load it to imageshack (free) and post link here - just leave spaces in the www like this w w w

Palamai

Thanks for getting back to me so quickly, page 1 has no signature but page 3 does im still unsure, please could you take a look sorry its 5 pages but thought its best for you to see what they sent me, many thanks. Natalie

h t t p://img262.imageshack.us/i/img003o.jpg/
h t t p://img189.imageshack.us/i/img004ex.jpg/
h t t p://img59.imageshack.us/i/img005ep.jpg/
h t t p://img704.imageshack.us/i/img006at.jpg/
h t t p://img525.imageshack.us/i/img007e.jpg/

putty71

Hi never

I still have cap one problems! Not sure if you can remember my previous posts but basically they sent various letters saying they won't remove my details from there system, they wanted my signature, etc.
They have truely surpassed themselves now.
I have received another letter with the usaul mumbo jumbo, but to cap it all they have sent me a application form not a cca! Wow I hear you say but wait, its not my application form its someone elses!
Heres the link-
http://s757.photobucket.com/albums/xx220/putty1971/cap%20one%2026%20jan/

So I guess they are right saying they can process my data if they can send me someone elses.

Okay so what do I do please? I am worried that they have sent my details elsewhere, certainly if i have someone elses. I am even tempted to contact the other party to let them know whats going on.

Could I have some advice please never? Hopefully you will tell me they are in default but any advice about the data? Has anyone else had this problem? They are also peeing me off as they still have yet to send me my charges info despite cashing the cheque for this back in Oct.

Thanks

Putty

never-in-doubt

putty71 wrote: »

Hi never

I still have cap one problems! Not sure if you can remember my previous posts but basically they sent various letters saying they won't remove my details from there system, they wanted my signature, etc.
They have truely surpassed themselves now.
I have received another letter with the usaul mumbo jumbo, but to cap it all they have sent me a application form not a cca! Wow I hear you say but wait, its not my application form its someone elses!
Heres the link-
http://s757.photobucket.com/albums/xx220/putty1971/cap%20one%2026%20jan/

So I guess they are right saying they can process my data if they can send me someone elses.

Okay so what do I do please? I am worried that they have sent my details elsewhere, certainly if i have someone elses. I am even tempted to contact the other party to let them know whats going on.

Could I have some advice please never? Hopefully you will tell me they are in default but any advice about the data? Has anyone else had this problem? They are also peeing me off as they still have yet to send me my charges info despite cashing the cheque for this back in Oct.

Thanks

Putty

Hiya Mate

Basically send a letter stating that they have broken the DPA and are in default of s.78 and that the best way forward, prior to you notifying the other party, the press, the OFT and ICO would be for them to agree to unenforceability here and now.

If they decline, then do the above but whatever you do - do not notify the third party at this stage - this is your ace card and only if Crappy1 mess around do you involve them and then between you, you work together to get Crappy1 in as much trouble as possible. Put it this way (mention in letter as well) 2 x FOS complaints will equate to a grand (£500 each) so it'd be in their interests to allow unenforceability other than the bad publicity and fines from the governing body.

See how that works

never-in-doubt

Elma - glad you deleted that post, the application form you posted had all your personal details on it - but I did get a glimpse and it looks fine, so long as those are your signatures and the form is not a copy/cut/paste job?

ELMA97

Hi NID
I was on a while ago re: bos cc. They sent me a recon agreement, so sent off the query letter and stopped paying. Took them a while but today have now received this in the post. On the letter accompanied they state we have now sent a copy of you application form. Though it looks ok to me... could you have a look and let me know what you think? they have been phoning non stop for 2 days now.
http://img38.imageshack.us/img38/8678/aacca2.jpg

thanks.